BiblioVault - Books about Constitutional history

Peaceful Revolution

Constitutional Change and American Culture from Progressivism to the New Deal

Maxwell Bloomfield

Harvard University Press, 2000

Although Americans claim to revere the Constitution, relatively few understand its workings. Its real importance for the average citizen is as an enduring reminder of the moral vision that shaped the nation's founding. Yet scholars have paid little attention to the broader appeal that constitutional idealism has always made to the American imagination through publications and films. Maxwell Bloomfield draws upon such neglected sources to illustrate the way in which media coverage contributes to major constitutional change.

Successive generations have sought to reaffirm a sense of national identity and purpose by appealing to constitutional norms, defined on an official level by law and government. Public support, however, may depend more on messages delivered by the popular media. Muckraking novels, such as Upton Sinclair's The Jungle (1906), debated federal economic regulation. Woman suffrage organizations produced films to counteract the harmful gender stereotypes of early comedies. Arguments over the enforcement of black civil rights in the Civil Rights Cases and Plessy v. Ferguson took on new meaning when dramatized in popular novels.

From the founding to the present, Americans have been taught that even radical changes may be achieved through orderly constitutional procedures. How both elite and marginalized groups in American society reaffirmed and communicated this faith in the first three decades of the twentieth century is the central theme of this book.

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The People’s Emperor

Democracy and the Japanese Monarchy, 1945–1995

Kenneth J. Ruoff

Harvard University Press, 2001

Few institutions are as well suited as the monarchy to provide a window on postwar Japan. The monarchy, which is also a family, has been significant both as a political and as a cultural institution.

This comprehensive study analyzes numerous issues, including the role of individual emperors in shaping the institution, the manner in which the emperor’s constitutional position as symbol has been interpreted, the emperor’s intersection with politics through ministerial briefings, memories of Hirohito’s wartime role, nationalistic movements in support of Foundation Day and the reign-name system, and the remaking of the once sacrosanct throne into a “monarchy of the masses” embedded in the postwar culture of democracy. The author stresses the monarchy’s “postwarness,” rather than its traditionality.

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Politics as Development

The Emergence of Political Parties in Nineteenth-Century Serbia

Gale Stokes

Duke University Press, 1990

Nineteenth-century Serbia was an economically and socially backward country with an urban population of approximately 3 percent and a literacy rate in the countryside of less than 10 percent. Still, during that century it created a functioning democracy with a constitution, independent courts, political parties, and civil liberties. The Serbian experience challenges the view that political structures fundamentally depend on socioeconomic ones, since Serbia created a modern political system without developing economically. Politics as Development analyzes one aspect of that process, the emergence of political parties in the 1870s and the 1880s, especially the creation of the Serbian Radical Party under the leadership of Nikola Pasic. By mobilizing the peasantry through organizing the countryside, the Radicals proved themselves the most original nineteenth-century Balkan political movement. Based on thorough research of primary documents, Stokes’s study supports the view that the state and its attending class constitute an independent variable in the developmental process.

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Popular Sovereignty and the Crisis of German Constitutional Law

The Theory and Practice of Weimar Constitutionalism

Peter C. Caldwell

Duke University Press, 1997

Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.

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The Pox of Liberty

How the Constitution Left Americans Rich, Free, and Prone to Infection

Werner Troesken

University of Chicago Press, 2015

The United States is among the wealthiest nations in the world. But that wealth hasn't translated to a higher life expectancy, an area where the United States still ranks thirty-eighth—behind Cuba, Chile, Costa Rica, and Greece, among many others. Some fault the absence of universal health care or the persistence of social inequalities. Others blame unhealthy lifestyles. But these emphases on present-day behaviors and policies miss a much more fundamental determinant of societal health: the state.

Werner Troesken looks at the history of the United States with a focus on three diseases—smallpox, typhoid fever, and yellow fever—to show how constitutional rules and provisions that promoted individual liberty and economic prosperity also influenced, for good and for bad, the country’s ability to eradicate infectious disease. Ranging from federalism under the Commerce Clause to the Contract Clause and the Fourteenth Amendment, Troesken argues persuasively that many institutions intended to promote desirable political or economic outcomes also hindered the provision of public health. We are unhealthy, in other words, at least in part because our political and legal institutions function well. Offering a compelling new perspective, The Pox of Liberty challenges many traditional claims that infectious diseases are inexorable forces in human history, beyond the control of individual actors or the state, revealing them instead to be the result of public and private choices.

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Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

Jennifer Nedelsky

University of Chicago Press, 1990

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.

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The Pursuit of Happiness in the Founding Era

An Intellectual History

Carli N. Conklin

University of Missouri Press, 2020

Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions, and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone’s Commentaries on the Laws of England.

For Blackstone, the pursuit of happiness was a science of jurisprudence, by which his students could know, and then rightly apply, the first principles of the Common Law. For the founders, the pursuit of happiness was the individual right to pursue a life lived in harmony with the law of nature and a public duty to govern in accordance with that law. Both applications suggest we consider anew how the phrase, and its underlying legal philosophies, were understood in the founding era. With this work, Conklin makes important contributions to the fields of early American intellectual and legal history.

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