Christian G. Fritz - Böcker

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

For forty years Ogden Hoffman presided over the federal district court for the Northern District of California, disposing of more than nineteen thousand cases brought before him. Federal Justice in California: The Court of Ogden Hoffman, 1851-1891 considers a career remarkable for longevity and productivity and at the same time examines the operation of a federal trial court in nineteenth-century America - the cases adjudicated, their significance, and the court's impact upon the community. Solidly researched, Christian G. Fritz's book is unique in attending to the law on the level at which it was most often encountered by participants in legal actions. During his four decades on the bench, from the time of the California gold rush to the anti-Chinese movement of the 1880s, Hoffman dealt one-on-one with a cross-section of humanity: through his court came sea captains, seamen seeking their wages, wealthy steamship owners and distraught and injured passengers, and Chinese immigrants. Fritz shows him adjudicating land grant conflicts and bankruptcy cases and presiding over the admiralty, criminal, and common law and equity dockets.The author has examined thousands of Hoffman's cases to gain insight into how nineteenth-century federal trial courts were used, by whom, and with what effect. The successful use that a broad range of plaintiffs made of Hoffman's court requires a re-examination of theories suggesting that law of the period primarily developed and courts largely operated in ways that promoted commercial and entrepreneurial interest. Just as important, Fritz's sensitive analysis of an institution never loses sight of the proud life-long bachelor, native New Yorker, and scion of a distinguished family who always identified himself with his court. Christian G. Fritz is a professor of law at the University of New Mexico.

Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.