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The US Constitution of 1791 and the Fugitive Slave Clause: A Philosophical Re-rendering of Legislative Authority: Ambiguities and Conflicts

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The US Constitution of 1791 and the Fugitive Slave Clause: A Philosophical Re-rendering of Legislative Authority: Ambiguities and Conflicts image
ISBN-10:

1789760429

ISBN-13:

9781789760422

Author(s): COLES, Norman
Edition: None
Released: Nov 20, 2019
Publisher: Liverpool University Press
Format: Paperback, 152 pages
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Description:

Norman Coles presents arguments which show that the Fugitive Slave Clause has at least two (and possibly three) meanings. Stewart's arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewart's reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid a historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.

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