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Marshall DeRosa

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The Confederate Constitution

From the 2003 Abbeville Institute Summer School I come from a somewhat different mold and my thought processes on these issues have changed a bit over the last couple of years. I have written on American jurisprudence and I have detected what I would deem to be ominous trends in American case law, and also in international law. I also…
Marshall DeRosa
June 6, 2022
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Did the Confederacy Oppose the Rule of Law?

Today is Confederate Memorial Day in Alabama. Most Americans believe the War and Southern history are synonymous, so much so that to many, the War has come to define the South. If you are reading this post and have followed the Abbeville Institute for any length of time, you know that our mission to "explore what is true and valuable…
Brion McClanahan
April 25, 2022
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A Neo-Confederate Prediction of Post-Election America

The political chaos that has accompanied President Trump’s first term will not abate anytime soon. From the Russian Collusion hoax to rioting in the streets to the public policy responses to the Covid-19 so-called pandemic, there appears to be something afoot that does not bode well for the future. Whether the motivation is ideological, economic, official incompetence, or a toxic…
Marshall DeRosa
October 27, 2020
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The Atlantic Gets It Wrong, Again

I don’t have time to detail everything the piece in question gets wrong, because it's a lot. I’m sure this will be fodder for Abbeville posts for a long time, so I’m going to focus on the Constitutional issues. Stephanie McCurry writes: “In late February 1861, in Montgomery, Alabama, the seven breakaway states formed the C.S.A.; swore in a president,…
Aaron Gleason
July 28, 2020
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Modern Heresy

Essayist William Deresiewicz recently lamented that modern college students, and college life in general, have become "profoundly unintellectual." The "snowflake" generation is the byproduct of educational institutionalization. Will this be on the test, and will I get a study guide? Deresiewicz should also indict the faculty and administration who encourage this "unintellectual" environment. This results in a crop of students…
Donald Livingston
April 18, 2018
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Confederate Case Law: The Rule of Law, Not of Men

The mark of an advanced civilization is the rule of law, with the highest being the rule of law that protects life, liberty and property. Based upon this standard, the Confederate States of America embodied an advanced Christian civilization. Accepting this truism goes a long way in understanding why the Confederacy has been demonized to the point of eradicating it…
Marshall DeRosa
August 23, 2017
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The Alabama Memorial Preservation Act and the Political Market

The political market, as the economic market, has the demand and supply dynamic. Interest groups make demands and the politicians provide the supply. In the case of Confederate memorials, interest groups demand Confederate memorials be dismantled in the public interest; the politicians supply the dismantling. The political market responds to strongest political forces. The strength of interest groups in the…
Marshall DeRosa
June 6, 2017
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Essential Reading: The Confederate Constitution of 1861

This review was first printed in Southern Partisan magazine in 1995. Marshall DeRosa: The Confederate Constitution of 1861: An Inquiry into American Constitutionalism (University of Missouri Press, 1991). Let there be no doubt, my friends. Marshall DeRosa addresses a serious and important issue. He claims the struggle for American independence was renewed and, in a sense, reached a peak during…
Robert Martin Schaefer
September 8, 2016
Review Posts

The Confederacy’s Rule of Law

As Southern States seceded from the United States and formed the Confederate States of America, the matter of transitioning the US Judiciary into the CSA Judiciary required both skill and determination. Issues of jurisdiction, personnel, legal codes, records, writs and ongoing processes had to be considered. Rather than starting de novo, the CSA Provisional Constitution mostly adopted the structure of…
Marshall DeRosa
April 19, 2016
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Trump: A Southern Conservative Perspective

Source: Washington Post There are several attributes of Donald Trump’s bid for the U.S. Presidency that this Paleo-Conservative finds to be interesting. To follow is an adumbration of the more salient. His campaign style is refreshing. The absence of teleprompters, which results in spontaneity, which in turn reveals the unvarnished candidate in contradistinction to the coached, stale, and unconvincing political…
Marshall DeRosa
September 2, 2015
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Caitlyn Jenner and the New South

It is not necessary to detail Bruce Jenner’s transformation into Caitlyn Jenner. Suffice it to say that we have been informed that Bruce’s inner self was at war with his physical self. With the assistance of modern medicine, Bruce was physically modified into Caitlyn. This is not to say that Bruce the male was transformed into Caitlyn a female. Nevertheless,…
Marshall DeRosa
July 2, 2015
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“Hang the Usurpers”

On November 21, 1793, the Georgia House of Representatives passed a bill titled “An Act declaratory of certain parts of the retained sovereignty of the State of Georgia.” It’s unclear as to whether or not the Georgia Senate concurred. The bill was in response to the Chisholm v. Georgia , the case resulting in the ratification of the 11th Amendment.…
Marshall DeRosa
June 15, 2015
Review Posts

Politics and Patriotism

These are challenging times for the Christian patriot, as evidenced by controversies over recent renditions of the Religious Freedom Restoration Acts. The mere fact that these State legislative attempts to restore religious freedom are even necessary speaks volumes. For example, the First Amendment mandates that the “Congress shall make no law respecting the establishment of religion, or prohibiting the free…
Marshall DeRosa
April 28, 2015
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Infanticide and Hobby Lobby

The US Supreme Court’s ruling in Burwell v. Hobby Lobby Stores, Inc. (2014) has uncovered a somewhat disturbing reality. Consider the following. In 1993 Congress passed and President Clinton signed into law the Religious Freedom Restoration Act (RFRA). The law stipulates that government may not burden a person’s free exercise of religion unless the burden furthered a compelling governmental interest…
Marshall DeRosa
December 15, 2014
Review Posts

The Transformation of American Citizenship via the Crucible of War

Citizenship in these United States has consistently been in a transformative mode. From early American settlers, through the colonial period to Statehood and nationhood, and through transition from territorial to Statehood status, citizenship was a phenomenon appreciated but not necessarily understood. It was loosely defined, but yet highly valued. This was tolerable within the framework of limited government and widely…
Marshall DeRosa
December 3, 2014
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Ron Paul and Secession Redux?

Ron Paul recently opined about Scotland’s recent flirtation with seceding from the United Kingdom. He wrote that the: possibility that people will break away from an oppressive government is one of the most effective checks on the growth of government. It is no coincidence that the transformation of America from a limited republic to a monolithic welfare-warfare state coincided with…
Marshall DeRosa
October 3, 2014
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Southerners Not Welcome

California AB 2444 has cleared all legislative hurdles by overwhelming majorities (71 to 1 in the Assembly and 33 to 2 in the Senate) and is now on Governor Jerry Brown’s desk awaiting his certain signature. The bill mandates that “The State of California may not sell or display the Battle Flag of the Confederacy, also referred to as the…
Marshall DeRosa
August 28, 2014
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Ferguson

Events over the past several days in Ferguson, MO, should not surprise those familiar with the motives of the political class operationalized by Mr. Lincoln. We know that the the rhetoric utilized to justify the so-called American Civil War was a ruse to conceal the money-making opportunities concommitant with centralized political power. The slave qua freedman was and is nothing…
Marshall DeRosa
August 19, 2014
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De Tocqueville and the South

I’ve been perplexed about Tocqueville’s posture towards the South for quite some time. On the surface, he seems to have a rather dismal view of the South. However, a more penetrating reading of Democracy In America* opens up new possibilities. Consider the following: First, according to Tocqueville, the “seed of complete democracy” has its origin in New England. But there…
Marshall DeRosa
June 6, 2014
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Cliven Bundy and American Politics

Cliven Bundy recently stepped in it with his impolitic racial comments. The unfortunate comments are nevertheless an opportunity to learn some important lessons about American politics. First, the punditry’s reaction to the comments manifests the success of Critical Race Theory (CRT) in shaping public discourse and policy. CRT maintains: that racism is engrained in the fabric and system of the…
Marshall DeRosa
May 5, 2014