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By Philip F. Gura

ISBN-10: 1429922885

ISBN-13: 9781429922883

The First finished heritage of Transcendentalism
 
American Transcendentalism is a finished narrative background of America's first staff of public intellectuals, the boys and ladies who outlined American literature and indelibly marked American reform within the a long time ahead of and following the the US Civil warfare. Philip F. Gura masterfully strains their highbrow family tree to transatlantic non secular and philosophical rules, illustrating how those educated the fierce neighborhood theological debates that, so usually first in Massachusetts and at last all through the United States, gave upward thrust to useful, own, and quixotic makes an attempt to enhance, even excellent the area. The transcendentalists might painfully bifurcate over what will be attained and the way, one part epitomized via Ralph Waldo Emerson and stressing self-reliant individualism, the opposite via Orestes Brownson, George Ripley, and Theodore Parker, emphasizing dedication to the bigger social good.
 
By the 1850s, the uniquely American challenge of slavery dissolved modifications as transcendentalists grew to become ever extra completely to abolition. in addition to their early inheritance from eu Romanticism, America's transcendentalists deserted their curiosity as a rule humanitarian reform. by means of war's finish, transcendentalism had develop into pointed out completely with Emersonian self-reliance, congruent with the nationwide ethos of political liberalism and industry capitalism.

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They lose this immunity if they violate a [Harlow v. ) 3. s Executive privilege: Presidents have a qualified right to refuse to disclose confidential informa­ tion relating to their performance of their duties. This is called a. " [134-137] Since the privilege is qualified, it may be outweighed by other compelling gov­ ernmental interests. For instance, the need for the President's evidence in a criminal trial will [US. v. generally outweigh the President's vague need to keep information confidential.

Orbeck, the"Alaska Hire" case] [102] 2. Two-prong test: Even if a state does impair an out-of-stater's exercise of a right fundamental to national unity, the state impairment is not necessarily invalid. But the state will lose unless it satis­ fies a two-pronged test: a. "Peculiar source of evil": First, the state must show that out-of-staters are a "peculiar source of the evil" the statute was enacted to rectify. [103] L E s u M M A R y THE DUE PROCESS CLAUSE C-22 b. Substantial relation to state objective: Second, the state must show that its solution (the discriminatory statute) is "substantially related" to this "peculiar evil" the out-of-staters rep­ resent.

Regulation of the environment is an example, since air and water pollution migrate across state boundaries. , Congress can regulate forbid cultivation of marijuana, because otherwise, Congress' national ban on the drug might be undermined; see C. Gonzales v. Raich). " This Amendment today seems to place a small but possibly significant limit on Congress' ability to use its commerce power to regulate the states. [47-53] 1. Generally-applicable law: If Congress passes a generally applicable law, the fact that the regu­ lation affects the states has virtually no practical significance, and the Tenth Amendment never comes into play.

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American Transcendentalism: A History by Philip F. Gura


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