Arts and Humanities Commons^™

The Sexton's House Has A Ritual Concealment: Late Nineteenth-Century Negotiations Of Double Consciousness At A Black Family Home In Sussex County, New Jersey, Megan E. Springate

Megan E. Springate

No abstract provided.

Squatters Budgeree: Pipes For The Australian Market Recovered At The Homestead Of A Free Black Family In Sussex County, New Jersey, Megan E. Springate

Megan E. Springate

An archaeological data recovery was recently completed by Richard Grubb & Associates, Inc. at the Cooper-Mann House site (28-Sx-399), owned from 1862 through 1909 by a single free African-American family in Sussex Borough (formerly known as Deckertown), Sussex County, New Jersey. These excavations were done in advance of a New Jersey Department of Transportation project to realign State Route 23 through the area; the Cooper-Mann House site was considered significant for its long association with the Mann family. Excavations were conducted in 1999 around the exterior of the house, and in 2008, in the building's interior prior to demolition (Richard …

Introduction: Homoerotic, Lesbian, And Gay Ethnic And Immigrant Histories, Horacio N. Roque Ramirez Dr.

Horacio N Roque Ramirez, Ph.D.

This essay introduces a special journal issue bringing together the well-established field of racial-ethnic and immigration history in the U.S. with the less visible but just as strong and growing field of LGBT (lesbian, gay, bisexual, and transgender) and “queer” history and culture, essays exploring race and ethnicity, immigration and nation, and gender, sex, and sexuality as they inform one another, as well as the making of identities, historical subjects, communities, and policy. The contributors challenge the assumption that the history of immigration and racial-ethnic immigrant settlement take form only along heterosexual or heteronormative lines, whether people’s movements across bodies …

A Hundred Miles On A Clear Day, Lydia F. Knight

Lydia F. Knight

No abstract provided.

Wfb: The Gladiatorial Style And The Politics Of Provocation, Michael J. Lee

Michael J Lee

William F. Buckley afforded conservatives of all stripes a provocative rhetorical style, a gladiatorial style, as I term it. The gladiatorial style is a flashy, combative style whose ultimate aim is the creation of inflammatory drama. I claim that conservatives encountered Buckley's potent arguments about God, government, and markets and the gladiatorial style simultaneously. The theatrical appeal of Buckley's gladiatorial style inspired conservative imitators with disparate beliefs and, over several decades, became one of the principal rhetorical templates for the performance of conservatism.

The Right To Arms In The Living Constitution, David B. Kopel

David B Kopel

This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century.

"Living constitutionalism" should be distinguished from "dead constitutionalism." Under the former, courts looks to objective referents of shared public understanding of constitutional values. Examples of objective referents include state constitutions, as well as federal or state laws to protect …

State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer

David B Kopel

Cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues. Although some people have claimed that state courts always use a highly deferential version of "reasonableness," this article shows that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring, and less restrictive means. Courts have also used categoricalism (deciding whether something is inside or outside the right) and narrow construction (to prevent criminal laws from conflicting with the right to arms). Even when formally applying "reasonableness," many courts have used reasonableness as a …

Commerce In The Commerce Clause: A Response To Jack Balkin, David B. Kopel, Robert G. Natelson

David B Kopel

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.

The Democratic-Republican Societies: An Educational Dream Deferred, Brian W. Dotts

Brian W Dotts

No abstract provided.