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2006

SelectedWorks

Daniel W. Hamilton

Articles 1 - 3 of 3

Full-Text Articles in Law

Introduction, Symposium On The People Themselves: Popular Constitutionalism And Judicial Review, Daniel W. Hamilton Dec 2006

Introduction, Symposium On The People Themselves: Popular Constitutionalism And Judicial Review, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.


Popular Constitutionalism In The Civil War: A Trial Run, Daniel W. Hamilton Dec 2006

Popular Constitutionalism In The Civil War: A Trial Run, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.


The Confederate Sequestration Act, Daniel W. Hamilton Dec 2006

The Confederate Sequestration Act, Daniel W. Hamilton

Daniel W. Hamilton

In the South there was near ideological consensus on the legal basis for seizing Union property during the Civil War. The United States was an enemy belligerent whose property was, at international law, subject to permanent confiscation during war. Through the resort to international law, the Confederacy was able not only to assert its sovereignty, but also to craft a far more rigorous and effective confiscation regime much quicker than their Northern counterparts. U.S. citizens were, at Confederate law, foreigners, and were not due the protections of domestic Confederate constitutional law. U.S. citizens were not traitors or rebels, and in …