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Constitutional Law

Selected Works

2016

Slavery

Articles 1 - 3 of 3

Full-Text Articles in Law

John Brown's Constitution, Robert L. Tsai Nov 2016

John Brown's Constitution, Robert L. Tsai

Robert L Tsai

It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …


The Constitution Of Cádiz In Florida, M C. Mirow Feb 2016

The Constitution Of Cádiz In Florida, M C. Mirow

M. C. Mirow

The article explores the vibrant constitutional community that existed in St. Augustine and the province of East Florida in the final decade of Spanish control of the area. Based on relatively unexplored primary sources, it reveals a great deal of unknown information about the importance of the Constitution in Florida immediately before the territory was transferred to the United States. The article provides full description of the Constitution's promulgation in 1812 and a second promulgation of the Constitution in 1820 (something unknown in the general literature). It also addresses the construction of the St. Augustine monument to the Constitution erected …


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros Dec 2015

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros

Maria L. Ontiveros

This article examines the use of the rhetoric of slavery by the United States government and advocates for immigrant workers to determine how the Thirteenth Amendment is perceived and used in contemporary society. A survey of popular usage revealed that the government focuses on trafficking as the definitive form of modern day slavery. In so doing, it portrays modern day slavery as a private act with identifiable wrong doers and victims who have been forced or coerced into involuntary servitude. Immigrant workers advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental …