The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.
Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech.
Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion.
Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.
Africa, it is often said, is suffering from a crisis of citizenship. At the heart of the contemporary debates this apparent crisis has provoked lie dynamic relations between the present and the past, between political theory and political practice, and between legal categories and lived experience. Yet studies of citizenship in Africa have often tended to foreshorten historical time and privilege the present at the expense of the deeper past.
Citizenship, Belonging, and Political Community in Africa provides a critical reflection on citizenship in Africa by bringing together scholars working with very different case studies and with very different understandings of what is meant by citizenship. By bringing historians and social scientists into dialogue within the same volume, it argues that a revised reading of the past can offer powerful new perspectives on the present, in ways that might also indicate new paths for the future.
The project collects the works of up-and-coming and established scholars from around the globe. Presenting case studies from such wide-ranging countries as Sudan, Mauritius, South Africa, Côte d’Ivoire, and Ethiopia, the essays delve into the many facets of citizenship and agency as they have been expressed in the colonial and postcolonial eras. In so doing, they engage in exciting ways with the watershed book in the field, Mahmood Mamdani’s Citizen and Subject.
Contributors: Samantha Balaton-Chrimes, Frederick Cooper, Solomon M. Gofie, V. Adefemi Isumonah, Cherry Leonardi, John Lonsdale, Eghosa E.Osaghae, Ramola Ramtohul, Aidan Russell, Nicole Ulrich, Chris Vaughan, and Henri-Michel Yéré.
Since the rise of the small-sum lending industry in the 1890s, people on the lowest rungs of the economic ladder in the United States have been asked to pay the greatest price for credit. Again and again, Americans have asked why the most fragile borrowers face the highest costs for access to the smallest loans. To protect low-wage workers in need of credit, reformers have repeatedly turned to law, only to face the vexing question of where to draw the line between necessary protection and overreaching paternalism.
City of Debtors shows how each generation of Americans has tackled the problem of fringe finance, using law to redefine the meaning of justice within capitalism for those on the economic margins. Anne Fleming tells the story of the small-sum lending industry’s growth and regulation from the ground up, following the people who navigated the market for small loans and those who shaped its development at the state and local level. Fleming’s focus on the city and state of New York, which served as incubators for numerous lending reforms that later spread throughout the nation, differentiates her approach from work that has centered on federal regulation. It also reveals the overlooked challenges of governing a modern financial industry within a federalist framework.
Fleming’s detailed work contributes to the broader and ongoing debate about the meaning of justice within capitalistic societies, by exploring the fault line in the landscape of capitalism where poverty, the welfare state, and consumer credit converge.
Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.
The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.
The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.
Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports.
“[An] important and learned book.”
—Gary L. McDowell, Times Literary Supplement
“Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book.”
—Cass R. Sunstein, New Republic
William Howard Taft’s presidency (1909-1913), succeeding Theodore Roosevelt’s, was mired in bitter partisan fighting, and Taft sometimes blundered politically. However, this son of Cincinnati assumed his true calling when President Warren G. Harding appointed him to the U.S. Supreme Court in 1921. Taft remains the only person to have served both as president of the United States and as chief justice of the Supreme Court.
The Collected Works of William Howard Taft, Volume VIII, consists of “Liberty under Law” and selected Supreme Court opinions, among the most instructive accomplishments of Taft’s ten years at the helm of the court. The writings reveal the sober judgments of a federalist who viewed state regulation with suspicion, championed national government, and saw an independent and powerful judiciary as the bulwark protecting the “vested rights” that the framers of the U.S. Constitution sought to guarantee.
Whatever his failings as a politician, Taft was an intellectual powerhouse who knew how to use the law as a lever to encourage society to move toward more stable and productive ends. Although Taft is considered an average president at best, historians and political scientists rank him among fifteen “near greats” who have served on the high court. His ability and his love for the law shine through in Volume VIII, the concluding volume of The Collected Works of William Howard Taft. As Taft reportedly said to President Harding upon his appointment as chief justice, “I love judges and I love courts. They are my ideals on earth of what we shall meet afterward in heaven under a just God.”
The first author to address the impact of geopolitics on the courts’ representation of Nazi euthanasia, Bryant argues that international power relationships wreaked havoc on the prosecutions.
Drawing on primary sources, this provocative investigation of the Nazi campaign against the mentally ill and the postwar quest for justice will interest general readers and provide critical information for scholars of Holocaust studies, legal history, and human rights. Support for this publication was generously provided by the Eugene M. Kayden Fund at the University of Colorado.
During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.
This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.
Contributors
Spencer R. Crew
Paul Finkelman
Matthew Glassman
Amy S. Greenberg
Martin J. Hershock
Michael F. Holt
Brooks D. Simpson
Jenny Wahl
Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict—irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.
This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations.
Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context.
From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens.
This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.
For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.
Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time.
In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place.
While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
A provocative analysis of how Christianity helped legitimize the death penalty in early modern Europe, then throughout the Christian world, by turning execution into a great cathartic public ritual and the condemned into a Christ-like figure who accepts death to save humanity.
The public execution of criminals has been a common practice ever since ancient times. In this wide-ranging investigation of the death penalty in Europe from the fourteenth to the eighteenth century, noted Italian historian Adriano Prosperi identifies a crucial period when legal concepts of vengeance and justice merged with Christian beliefs in repentance and forgiveness.
Crime and Forgiveness begins with late antiquity but comes into sharp focus in fourteenth-century Italy, with the work of the Confraternities of Mercy, which offered Christian comfort to the condemned and were for centuries responsible for burying the dead. Under the brotherhoods’ influence, the ritual of public execution became Christianized, and the doomed person became a symbol of the fallen human condition. Because the time of death was known, this “ideal” sinner could be comforted and prepared for the next life through confession and repentance. In return, the community bearing witness to the execution offered forgiveness and a Christian burial. No longer facing eternal condemnation, the criminal in turn publicly forgave the executioner, and the death provided a moral lesson to the community.
Over time, as the practice of Christian comfort spread across Europe, it offered political authorities an opportunity to legitimize the death penalty and encode into law the right to kill and exact vengeance. But the contradictions created by Christianity’s central role in executions did not dissipate, and squaring the emotions and values surrounding state-sanctioned executions was not simple, then or now.
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.
The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.
The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.
The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."
---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law
"A well-written, well-researched blend of law, politics, and history."
---Joan DelFattore, Professor of English and Legal Studies, University of Delaware
In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.
In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.
Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.
A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.
The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.
During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.
The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press