This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
In an era when the value of the humanities and qualitative inquiry has been questioned in academia and beyond, Making the Case is an engaging and timely collection that brings together a veritable who’s who of public address scholars to illustrate the power of case-based scholarly argument and to demonstrate how critical inquiry into a specific moment speaks to general contexts and theories. Providing both a theoretical framework and a wealth of historically situated texts, Making the Case spans from Homeric Greece to twenty-first-century America. The authors examine the dynamic interplay of texts and their concomitant rhetorical situations by drawing on a number of case studies, including controversial constitutional arguments put forward by activists and presidents in the nineteenth century, inventive economic pivots by Franklin Roosevelt and Alan Greenspan, and the rhetorical trajectory and method of Barack Obama.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
When crisis requires American troops to deploy on American soil, the country depends on a rich and evolving body of law to establish clear lines of authority, safeguard civil liberties, and protect its democratic institutions and traditions. Since the attacks of 9/11, the governing law has changed rapidly even as domestic threats—from terror attacks, extreme weather, and pandemics—mount. Soldiers on the Home Front is the first book to systematically analyze the domestic role of the military as it is shaped by law, surveying America’s history of judicial decisions, constitutional provisions, statutes, regulations, military orders, and martial law to ask what we must learn and do before the next crisis. America’s military is uniquely able to save lives and restore order in situations that overwhelm civilian institutions. Yet the U.S. military has also been called in for more coercive duties at home: breaking strikes, quelling riots, and enforcing federal laws in the face of state resistance. It has spied on and overseen the imprisonment of American citizens during wars, Red scares, and other emergencies. And while the fears of the Republic’s founders that a strong army could undermine democracy have not been realized, history is replete with reasons for concern. At a time when the military’s domestic footprint is expanding, Banks and Dycus offer a thorough analysis of the relevant law and history to challenge all the stakeholders—within and outside the military—to critically assess the past in order to establish best practices for the crises to come.
Being considerably different from other regions of the country, most notably regarding its fervent practice of slavery, the land south of the Mason-Dixon line, because of slavery, enjoyed an exceptional prominence in politics, and after the invention of the cotton gin, a high degree of prosperity. However, also because of slavery, it was alienated from the rest of the nation, attempted to secede from the union, and was forced back in only after it lost the Civil War. Numerous cross-referenced entries on prominent individuals, including Thomas Jefferson, Andrew Jackson, Henry Clay, John C. Calhoun, Robert E. Lee, and Abraham Lincoln, as well as others on policies of the time that have since slipped into oblivion are all covered in this book. Economic, social and religious backgrounds trace the seemingly inevitable path to secession, war, and defeat. This reference also includes an introductory essay, a chronology, and a bibliography of the epoch.
Unparalleled coverage of U.S. political development through a unique chronological framework Encyclopedia of U.S. Political History explores the events, policies, activities, institutions, groups, people, and movements that have created and shaped political life in the United States. With contributions from scholars in the fields of history and political science, this seven-volume set provides students, researchers, and scholars the opportunity to examine the political evolution of the United States from the 1500s to the present day. With greater coverage than any other resource, the Encyclopedia of U.S. Political History identifies and illuminates patterns and interrelations that will expand the reader’s understanding of American political institutions, culture, behavior, and change. Focusing on both government and history, the Encyclopedia brings exceptional breadth and depth to the topic with more than 100 essays for each of the critical time periods covered. With each volume covering one of seven time periods that correspond to key eras in American history, the essays and articles in this authoritative encyclopedia focus on the following themes of political history: The three branches of government Elections and political parties Legal and constitutional histories Political movements and philosophies, and key political figures Economics Military politics International relations, treaties, and alliances Regional histories Key Features Organized chronologically by political eras Reader’s guide for easy-topic searching across volumes Maps, photographs, and tables enhance the text Signed entries by a stellar group of contributors VOLUME 1 ?Colonial Beginnings through Revolution ?1500–1783 ?Volume Editor: Andrew Robertson, Herbert H. Lehman College ?The colonial period witnessed the transformation of thirteen distinct colonies into an independent federated republic. This volume discusses the diversity of the colonial political experience—a diversity that modern scholars have found defies easy synthesis—as well as the long-term conflicts, policies, and events that led to revolution, and the ideas underlying independence. VOLUME 2 ?The Early Republic ?1784–1840 ?Volume Editor: Michael A. Morrison, Purdue University No period in the history of the United States was more critical to the foundation and shaping of American politics than the early American republic. This volume discusses the era of Confederation, the shaping of the U.S. Constitution, and the development of the party system. VOLUME 3 ?Expansion, Division, and Reconstruction ?1841–1877 ?Volume Editor: William Shade, Lehigh University (emeritus) ?This volume examines three decades in the middle of the nineteenth century, which witnessed: the emergence of the debate over slavery in the territories, which eventually led to the Civil War; the military conflict itself from 1861 until 1865; and the process of Reconstruction, which ended with the readmission of all of the former Confederate States to the Union and the "withdrawal" of the last occupying federal troops from those states in 1877. VOLUME 4 ?From the Gilded Age through the Age of Reform ?1878–1920 ?Volume Editor: Robert Johnston, University of Illinois at Chicago With the withdrawal of federal soldiers from Southern states the previous year, 1878 marked a new focus in American politics, and it became recognizably modern within the next 40 years. This volume focuses on race and politics; economics, labor, and capitalism; agrarian politics and populism; national politics; progressivism; foreign affairs; World War I; and the end of the progressive era. VOLUME 5 ?Prosperity, Depression, and War ?1921–1945 ?Volume Editor: Robert Zieger, University of Florida Between 1921 and 1945, the U.S. political system exhibited significant patterns of both continuity and change in a turbulent time marked by racist conflicts, the Great Depression, and World War II. The main topics covered in this volume are declining party identification; the "Roosevelt Coalition"; evolving party organization; congressional inertia in the 1920s; the New Deal; Congress during World War II; the growth of the federal government; Franklin D. Roosevelt’s presidency; the Supreme Court’s conservative traditions; and a new judicial outlook. VOLUME 6 ?Postwar Consensus to Social Unrest ?1946–1975 ?Volume Editor: Thomas Langston, Tulane University This volume examines the postwar era with the consolidation of the New Deal, the onset of the Cold War, and the Korean War. It then moves into the 1950s and early 1960s, and discusses the Vietnam war; the era of John F. Kennedy; the Cuban Missile Crisis; the Civil Rights Act; Martin Luther King and the Voting Rights Act; antiwar movements; The War Powers Act; environmental policy; the Equal Rights Amendment; Roe v. Wade; Watergate; and the end of the Vietnam War. VOLUME 7 ?The Clash of Conservatism and Liberalism ?1976 to present ?Volume Editor: Richard Valelly, Swarthmore College ?The troubled Carter Administration, 1977–1980, proved to be the political gateway for the resurgence of a more ideologically conservative Republican party led by a popular president, Ronald Reagan. The last volume of the Encyclopedia covers politics and national institutions in a polarized era of nationally competitive party politics and programmatic debates about taxes, social policy, and the size of national government. It also considers the mixed blessing of the change in superpower international competition associated with the end of the Cold War. Stateless terrorism (symbolized by the 9/11 attacks), the continuing American tradition of civil liberties, and the broad change in social diversity wrought by immigration and the impact in this period of the rights revolutions are also covered.
For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.
“Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered.” —James Pope, Washington Post “Fishkin and Forbath’s accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution.” —Benjamin Morse, Jacobin “Rousing and authoritative...attempt[s] to recover the Constitution’s pivotal role in shaping claims of justice and equality...Makes even the present court’s capture by the ideological right a compelling platform for a revived social-democratic constitutional politics.” —New Republic Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as this revolutionary retelling of constitutional history shows, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Joseph Fishkin and William Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
Edwin M. Stanton (1814-1869), one of the nineteenth century's most impressive legal and political minds, wielded enormous influence and power as Lincoln's secretary of war during most of the Civil War and under Johnson during the early years of Reconstruction. In the first full biography of Stanton in more than fifty years, William Marvel offers a detailed reexamination of Stanton's life, career, and legacy. Marvel argues that while Stanton was a formidable advocate and politician, his character was hardly benign. Climbing from a difficult youth to the pinnacle of power, Stanton used his authority--and the public coffers--to pursue political vendettas, and he exercised sweeping wartime powers with a cavalier disregard for civil liberties. Though Lincoln's ability to harness a cabinet with sharp divisions and strong personalities is widely celebrated, Marvel suggests that Stanton's tenure raises important questions about Lincoln's actual control over the executive branch. This insightful biography also reveals why men like Ulysses S. Grant considered Stanton a coward and a bully, who was unashamed to use political power for partisan enforcement and personal preservation.
Historian William Berman examines the political, cultural, and economic contexts in which Republican conservatives operated and explores the crisis of the liberal welfare state against the background of presidential politics. In this new edition, Berman discusses the initial failure of the Clinton administration to establish a viable political alternative to the GOP.
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.
From Richard Lawrence to John Wilkes Booth to John Hinckley, Jr., Americans have preferred their presidential assassins, whether failed or successful, to be more or less crazy. Seemingly, this absolves us of having to wonder where the American experiment might have gone wrong. John Wilkes Booth has been no exception to this rule. But was he? In a new, provocative study comprising three essays, historian William L. Richter delves into the psyche of Booth and finds him far from insane. Beginning with a modern, less adulating interpretation of President Abraham Lincoln, Richter is the first scholar to examine Booth's few known, often unfinished speeches and essays to draw a realistic mind-picture of the man who intensely believed in common American political theories of his day, and acted violently to carry them out during the time of America's greatest war.
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements. Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America. Originally published in 1994. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The first book-length study of the overseer in four decades, Wiethoff's study bridges historical, legal, and rhetorical scholarship to present a provocative investigation into the multifaceted roles of this oft-forgotten figure in plantation society. Wiethoff canvasses the period from 1650 through 1865 and across a southern expanse that stretches to include the Upper and Deep South. Overseers left scant written evidence about their lives and times, but Wiethoff unearths characterizations constructed by friends and enemies, neighbors and strangers. He also mines the legal record to gauge the impact of legislative and case law rhetoric on public memory.
In 1987 Franklin College of Indiana hosted an observance of the bicentennial of the Northwest Ordinance. Professional and amateur historians, folklorists, scholars in the arts, teachers, and students gathered to examine the provisions of that historic document and the governmental structure it created for the frontier lands north of the Ohio River. Pathways to the Old Northwest: An Observance of the Bicentennial of the Northwest Ordinance presents six of the lectures delivered at the conference. These lectures represent current knowledge about the early history of the Ohio River-Great Lakes area, the circumstances surrounding passage of the Ordinance, the beginnings of government and society, and the ethnic diversity of the region's people.
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
A biography of one of South Carolina's leading antebellum lawyers and major political thinkers In the three decades before the Civil War, James Louis Petigru became the dean of the South Carolina bar and Charleston's leading exponent of the constitutional conservatism that placed federal union above state rights, the economic views that underlay Whig politics, and the liberal vision of individual rights enshrined in the Bill of Rights. In the only modern biography of Petigru, William H. and Jane H. Pease trace the rise to social and professional preeminence that not only placed him among South Carolina's elite but also gave him national visibility. In doing so, they explore the workings of the extended family he headed, the politics of the state he loved, and the intricacies of the legal system he mastered. Central to Petigru's life was the ambiguity into which his competing loyalties plunged him. Loyal to his native state, he was a vocal opponent of its political values. Despite his dissent on the critical issues of nullification and secession, Petigru was elected attorney general, served as a state representative, and codified the state's laws. Born in South Carolina's upcountry to a family of Scots-Irish and Huguenot ancestry, Petrigru achieved such high distinction as an attorney and politician that both Confederates and Yankees eulogized him when he died in Charleston in 1863. Throughout his career, his espousal of private property, individual liberty, the rule of law, and the United States Constitution remained unflinching and gave Petigru the wisdom and assurance to be the state's most notable dissenter.
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people’s rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?
Ethnicity Counts describes how ethnicidentity is determined and how racial units are counted by official statistical agencies in theUnited States and throughout the world. This work offers an indispensable background to ameaningful interpretation of statistics and remains of lasting value to sociologists,historians, policymakers and government officials.
Robert William Fogel was awarded the Nobel Prize in Economic Science in 1993. "To take a trip around the mind of Robert Fogel, one of the grand old men of American economic history, is a rare treat. At every turning, you come upon some shiny pearl of information."—The Economist In this broad-thinking and profound piece of history, Robert William Fogel synthesizes an amazing range of data into a bold and intriguing view of America's past and future—one in which the periodic Great Awakenings of religion bring about waves of social reform, the material lives of even the poorest Americans improve steadily, and the nation now stands poised for a renewed burst of egalitarian progress.
The goal of this book is to recapture the diminished roles of affect, psychological needs, and the psychodynamic mechanisms that are crucial for understanding political behavior by explaining and extending the contributions of Harold D. Lasswell, the dominant figure in political psychology in the mid-twentieth-century. Although Lasswell was best known for applying psychodynamic theories to politics, this book also demonstrates how his framework accommodated for cognitive processes and social interactions ranging from communications to policy-making. The authors use Lasswell's contributions and the debates over his ideas as a springboard for examining current policy, political, and leadership issues. Revitalizing Political Psychology presents and extends four aspects of Lasswell's contributions to the field: the psychodynamic mechanisms drawn from psychoanalytic theory, the use of symbol associations to understand political propaganda, the analysis of "democratic character" for both the public and the elites, and the structure of belief systems. In so doing, the authors link personality and political communication theory to democratic practice. The authors also critique leadership studies using Lasswell's concerns over the risks to democratic accountability and the current preoccupation with strengthening the roles of charismatic and transformational leaders. Intended for researchers, practitioners, and students in the areas of political and historical psychology, political strategy, and political communication, the book's emphasis on psychodynamics also appeals to psychoanalysts and the material on leadership appeals to professionals in management and industrial/organizational psychology.
Examines the evolving lives of two men who were crucial political figures in the consequential decades prior to the Civil War Although neither of them lived to see the Civil War, John Quincy Adams and John C. Calhoun did as much any two political figures of the era to shape the intersectional tensions that produced the conflict. William F. Hartford examines the lives of Adams and Calhoun as a prism through which to view the developing sectional conflict. While both men came of age as strong nationalists, their views, like those of the nation, diverged by the 1830s, largely over the issue of slavery. Hartford examines the two men's responses to issues of nationalism and empire, sectionalism and nullification, slavery and antislavery, party and politics, and also the expansion of slavery. He offers fresh insights into the sectional conflict that also accounts for the role of personal idiosyncrasy and interpersonal relationships in the coming of the Civil War.
The Mother of All Hooks is a richly detailed description of the United States government's attempts to punish naval officers for sexual misconduct committed at the 1991 Tailhook Association convention in Las Vegas, Nevada. Journalist William H. McMichael describes the institutionalized mind-set that led to that misconduct and, in the face of an oppressive, politically charged investigation, to a large-scale failure to cooperate with government agents. This failure led to further investigative and prosecutorial excesses that ultimately doomed the effort to bring the guilty to justice; many of the guiltiest, hi fact, were given immunity to testify, and escaped severe punishment. At the same time, McMichael makes clear that Tailhook misconduct had been largely condoned for decades, but that senior officials failed to take responsibility for allowing such an atmosphere to flourish. This powerful expose is a shocking, eye-opening read for psychologists, criminologists, criminal justice professionals, and members of the U.S. military. The Tailhook Association convention had become infamous in naval circles for heavy drinking, hard partying, and sexual promiscuity. The most notable such ac-tivity was the "gauntlet"--a hallway lined by men through which selected women were forced to pass, only to be fondled. McMichael provides a rich narrative ac-count of how the United States Navy and the Pentagon mishandled investigation of events at the 1991 convention and subsequent hearings. In addition to exposing that approach's dramatic shortcomings, McMichael also provides insight into the Navy's history of open sexuality by its members while overseas, the fighter pilot psyche, and the larger issue of whether the Navy should be permitted to investigate its own transgressions. While more than thirty admirals eventually received what amounted to a hand slap, more than twenty junior officers received career-killing punitive letters of reprimand in closed-door administrative hearings. The Mother of All Hooks provides absorbing new details for all who think they "know" what hap-pened because of Tailhook--and why.
Lincoln’s First Crisis concerns five of the most consequential months in American history: December 1860 through April 1861. When Abraham Lincoln swore his oath as president, the United States was disintegrating. Seven states had seceded, and as many as eight seemed poised to join them, depending upon how the new president handled the secession crisis and its flashpoint: Fort Sumter in South Carolina, the heart of the rebellion. The fate of the republic hung in the balance. The Sumter crisis has been hotly debated and deeply researched for more than 150 years. In this thoughtful reassessment, William Bruce Johnson combines thorough research and the latest historiography with a litigator’s methodical analysis and a storyteller’s eye for meaningful detail. Shortly after taking office, Lincoln decided upon a plan to avoid war with the seceded states while keeping his inaugural promise to maintain a Union military presence in the South. Because he chose not to reveal his plan to anyone, rumors soon spread that he was simply afraid to act. One source of such rumors was Lincoln’s secretary of state, William Henry Seward. Resentful that Lincoln had deprived him of the Republican nomination and convinced that Lincoln lacked the political sophistication necessary to deal with the secession crisis, Seward decided to negotiate with the Confederacy on his own and in secret. General Winfield Scott, meanwhile, the Union’s most senior military officer, had for a decade depended upon Seward for political advice, and now considered himself under orders from Seward, not the president. Johnson traces how Seward and Scott sabotaged Lincoln’s plan. From this account, from his examination of various personalities (such as that of Fort Sumter’s commander, Major Robert Anderson), and from his granular research into aspects of the Order of Battle in Charleston, Johnson has here constructed a new narrative of this crucial period, culminating in a new theory of how and why the Civil War began as it did, and how and why, if the new president’s orders had been properly carried out by Seward and Scott, it might have been averted.
The importance of the Civil War and Reconstruction in the history of the United States cannot be overstated. There was a very real possibility that the union could have been sundered, resulting in a very different American history, and probably world history. But the union was held together by tough and determined leaders and by the economic muscle of the North. Following the end of the war, the period of American history known as Reconstruction followed. This was a period construed in many different ways. While the states were once again 'united,' many of the postwar efforts divided different segments of the population and failed to achieve their goals in an era too often remembered for carpetbaggers and scalawags, and Congressional imbroglios and incompetent government. This one-volume dictionary, with more than 800 entries covering the significant events, persons, politics, and economic and social themes in the U.S. Civil War and Reconstruction, is a research tool for all levels of readers from high school and up. The extensive chronology, introductory essay, dictionary entries, and comprehensive bibliography introduce and lead the reader through the military and non-military actions of one of the most pivotal events in American history.
The story of the blending of diverse cultures in a land rich in resources and beauty is an extraordinary one. In this account, the pioneer hunters, trappers, and traders who roamed the Ozark hills and the boatmen who traded on the Missouri and Mississippi Rivers take their place beside the small coterie of St. Louisans whose wealth and influence enabled them to dominate the region politically and economically. Especially appealing for many readers will be the attention Foley gives to common Missourians, to the status of women and blacks, and to Indian-white relations.
The importance of the Civil War and Reconstruction in the history of the United States cannot be overstated. Many historians regard the Civil War as the defining event in American history. At stake was not only freedom for 3.5 million slaves but also survival of the relatively new American experiment in self-government. A very real possibility existed that the union could have been severed, but a collection of determined leaders and soldiers proved their willingness to fight for the survival of what Abraham Lincoln called "the last best hope on earth." The second edition of this highly readable, one-volume Historical Dictionary of the Civil War and Reconstruction looks to place the war in its historical context. The more than 800 entries, encompassing the years 1844-1877, cover the significant events, persons, politics, and economic and social themes of the Civil War and Reconstruction. An extensive chronology, introductory essay, and comprehensive bibliography supplement the cross-referenced dictionary entries to guide the reader through the military and non-military actions of one of the most pivotal events in American history. The dictionary concludes with a selection of primary documents. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Civil War and Reconstruction.
In Abraham Lincoln and Civil War America, historian William Gienapp provides a remarkably concise, up-to-date, and vibrant biography of the most revered figure in United States history. While the heart of the book focuses on the Civil War, Gienapp begins with a finely etched portrait of Lincoln's early life, from pioneer farm boy to politician and lawyer in Springfield, to his stunning election as sixteenth president of the United States. Students will see how Lincoln grew during his years in office, how he developed a keen aptitude for military strategy and displayed enormous skill in dealing with his generals, and how his war strategy evolved from a desire to preserve the Union to emancipation and total war. Gienapp shows how Lincoln's early years influenced his skills as commander-in-chief and demonstrates that, throughout the stresses of the war years, Lincoln's basic character shone through: his good will and fundamental decency, his remarkable self-confidence matched with genuine humility, his immunity to the passions and hatreds the war spawned, his extraordinary patience, and his timeless devotion. A former backwoodsman and country lawyer, Abraham Lincoln rose to become one of our greatest presidents. This biography offers a vivid account of Lincoln's dramatic ascension to the pinnacle of American history.
Although Abraham Lincoln was among seven presidents who served during the tumultuous years between the end of the Mexican War and the end of the Reconstruction era, history has not been kind to the others: Zachary Taylor, Millard Fillmore, Franklin Pierce, James Buchanan, Andrew Johnson, and Ulysses S. Grant. In contrast, history sees Abraham Lincoln as a giant in character and deeds. During his presidency, he governed brilliantly, developed the economy, liberated four million people from slavery, reunified the nation, and helped enact the Homestead Act, among other accomplishments. He proved to be not only an outstanding commander in chief but also a skilled diplomat, economist, humanist, educator, and moralist. Lincoln achieved that and more because he was a master of the art of American power. He understood that the struggle for hearts and minds was the essence of politics in a democracy. He asserted power mostly by appealing to peopleÆs hopes rather than their fears. All along he tried to shape rather than reflect prevailing public opinions that differed from his own. To that end, he was brilliant at bridging the gap between progressives and conservatives by reining in the former and urging on the latter. His art of power ultimately reflected his unswerving devotion to the Declaration of IndependenceÆs principles and the ConstitutionÆs institutions, or as he so elegantly expressed it, ôto a government of the people, by the people, and for the people.ö
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