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Legal History

Daniel W. Hamilton

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Articles 1 - 4 of 4

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 ...


A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton Dec 2004

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 ...