Marshall L. DeRosa's Books

The Confederate Constitution of 1861

An Inquiry Into American Constitutionalism

By: Marshall L. DeRosa

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The Confederate Constitution of 1861

An Inquiry Into American Constitutionalism

By: Marshall L. DeRosa

In The Confederate Constitution of 1861, Marshall DeRosa argues that the Confederate Constitution was not, as is widely believed, a document designed to perpetuate a Southern "slaveocracy," but rather an attempt by the Southern political leadership to restore the Anti-Federalist standards of limited national government. In this first systematic analysis of the Confederate Constitution, DeRosa sheds new light on the constitutional principles of the CSA within the framework of American politics and constitutionalism. He shows just how little the Confederate Constitution departed from the U.S. Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.

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193

Publisher

University of Missouri Press

Published Date

ISBN 10

0826208126

ISBN 13

9780826208125

The Politics of Dissolution

Quest for a National Identity and the American Civil War

By: Marshall DeRosa

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The Politics of Dissolution

Quest for a National Identity and the American Civil War

By: Marshall DeRosa

This collection of late antebellum U.S. Senate speeches exemplifies the official statements of the public men from the South, North, and West as they struggled with the questions of national identity and the right of self-government within the context of the rule of law.

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Page Count

545

Publisher

Routledge

Published Date

ISBN 10

1351290940

ISBN 13

9781351290944

The Confederate Constitution of 1861

An Inquiry into American Constitutionalism

By: Marshall L. DeRosa

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The Confederate Constitution of 1861

An Inquiry into American Constitutionalism

By: Marshall L. DeRosa

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193

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University of Missouri Press

Published Date

ISBN 10

0826260322

ISBN 13

9780826260321

The Ninth Amendment and the Politics of Creative Jurisprudence

Disparaging the Fundamental Right of Popular Control

By: Marshall DeRosa

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The Ninth Amendment and the Politics of Creative Jurisprudence

Disparaging the Fundamental Right of Popular Control

By: Marshall DeRosa

The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.

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Page Count

396

Publisher

Routledge

Published Date

ISBN 10

1351292986

ISBN 13

9781351292986

An Introduction to the Philosophy of Law

By: Roscoe Pound,Marshall. L DeRosa

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An Introduction to the Philosophy of Law

By: Roscoe Pound,Marshall. L DeRosa

In An Introduction to the Philosophy of Law, Roscoe Pound shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities - including liability law, contract law, and property law - is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.

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Page Count

183

Publisher

Routledge

Published Date

ISBN 10

1351288865

ISBN 13

9781351288866

The Enduring Relevance of Robert E. Lee

The Ideological Warfare Underpinning the American Civil War

By: Marshall L. DeRosa

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The Enduring Relevance of Robert E. Lee

The Ideological Warfare Underpinning the American Civil War

By: Marshall L. DeRosa

The sesquicentennial of the American Civil War presents a unique opportunity to consider the motivation behind General Robert E. Lee’s efforts to defend the Confederacy against his once beloved United States. What will be learned from this book is that General Lee was following in the footsteps of his idol General George Washington. General Lee was not fighting to perpetuate and expand slavery, self-aggrandizement, or military glory. He was fighting for the 1776 principles of government based upon the consent of the governed, the 1789 principles of the rule of law, and for a Judeo-Christian based civilization. While Lee’s military genius and commitment to duty are widely acknowledged, his political acumen is, for the most part, underrated. Master of the art of politics as much as war, which is politics by other means, Lee considered both normative arts concerned with the happiness and noble actions of the citizens. In fact, Lee’s successes and failures on the battlefield were due in large measure to his worldview that if the Confederacy were to survive its citizenry must act nobly. According to Lee, it is in noble actions that human happiness is to be achieved. For Lee, the soldier and citizen performing their respective duties were on the paths to individual happiness and, ultimately, a free and independent CSA. In The Enduring Relevance of Robert E. Lee Marshall L. DeRosa uses the American Civil War and the figure of Robert E. Lee to consider the role of political leadership under extremely difficult circumstances and the proper response to those circumstances. DeRosa examines Lee as a politician rather than just a military leader and finds that many of Lee’s assertions are still relevant today. DeRosa reveals Lee’s insights and his awareness that the victory of the Union over the Confederacy placed America on the path towards the demise of government based upon the consent of the governed, the rule of law, and the Judeo-Christian American civilization.

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Page Count

177

Publisher

Lexington Books

Published Date

ISBN 10

0739187880

ISBN 13

9780739187883

The Ninth Amendment and the Politics of Creative Jurisprudence

Disparaging the Fundamental Right of Popular Control

By: Marshall L. DeRosa

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The Ninth Amendment and the Politics of Creative Jurisprudence

Disparaging the Fundamental Right of Popular Control

By: Marshall L. DeRosa

The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. "The Ninth Amendment and the Politics of Creative Jurisprudence "will be of interest to political scientists, historians, legal theorists, and political practitioners.

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Page Count

226

Publisher

Transaction Publishers

ISBN 10

1412838053

ISBN 13

9781412838054

The Politics of Dissolution

The Quest for a National Identity & the American Civil War

By: Marshall L. DeRosa

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The Politics of Dissolution

The Quest for a National Identity & the American Civil War

By: Marshall L. DeRosa

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Page Count

356

Publisher

Transaction Pub

Published Date

ISBN 10

1560003499

ISBN 13

9781560003496

The Enduring Relevance of Robert E. Lee

The Ideological Warfare Underpinning the American Civil War

By: Marshall L. DeRosa

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The Enduring Relevance of Robert E. Lee

The Ideological Warfare Underpinning the American Civil War

By: Marshall L. DeRosa

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Solve jigsaw puzzle

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Page Count

177

Publisher

Lexington Books

Published Date

ISBN 10

0739187880

ISBN 13

9780739187883

Book's by Marshall L. DeRosa

The Confederate Constitution of 1861

The Confederate Constitution of 1861

The Politics of Dissolution

The Politics of Dissolution

The Confederate Constitution of 1861

The Confederate Constitution of 1861

The Ninth Amendment and the Politics of Creative Jurisprudence

The Ninth Amendment and the Politics of Creative Jurisprudence

An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law

The Enduring Relevance of Robert E. Lee

The Enduring Relevance of Robert E. Lee

The Ninth Amendment and the Politics of Creative Jurisprudence

The Ninth Amendment and the Politics of Creative Jurisprudence

The Politics of Dissolution

The Politics of Dissolution

The Enduring Relevance of Robert E. Lee

The Enduring Relevance of Robert E. Lee

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