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Introduction, Symposium On The People Themselves: Popular Constitutionalism And Judicial Review, Daniel W. Hamilton
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
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
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 …
A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton
A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton
Daniel W. Hamilton
During the Civil War, both the Union Congress, in the First and Second Confiscation Acts, and the Confederate Congress, in the Sequestration Act, put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. This paper compares property confiscation in the Union and the Confederacy. It examines congressional debates, the social impact of confiscation legislation, and the interpretation of confiscation doctrine by the Supreme Court. I contend that the Civil War experiment with confiscation helped cause an important shift in American property ideology and constitutional law by accelerating the rise of liberal …