Chapter 8: The Alternative Constitution

Abraham Lincoln

lost so much respect for the chief justice that he later asserted his rejection of this opinion when he refused to obey a writ of habeas corpus to release prisoners held in Baltimore.

Continental Congress

The Declaration was only adopted by the on July 4, 1776, and was not signed by the delegates until August 2, 1776.

countervoice

A(n) is an expression of law that was once dominant but is no longer so or a legal principle that seeks to establish itself but is not yet fully recognized.

academic literature

The countervoices are also found in the and in the "nonjusticiable "decisions of the executive and legislative branches.

Confederacy of eleven states

The claimed the right to secede from the Union, precisely as the thirteen colonies had seceded from Great Britain in 1776.

US Supreme Court

The can rule one way, but the state supreme courts can rule another way under their state constitutions (and these decisions are not subject to appeal)

military force of South Carolina

At dawn on April 12, 1861, the started shelling a federal fortress in the middle of Charleston harbor.

civil law tradition

The , based on codification and the dominant doctrine, may appear to suppress countervoices.

The new order is found in the Reconstruction amendments, adopted respectively in 1865, 1868, and 1870

Thirteenth Amendment-prohibition of slavery, Fourteenth Amendment-U.S

Articles of Confederation

It is generally agreed that the Constitution replaced the , but neither the 1777 nor the 1787 charters nullified, in any way, the Declaration of Independence.