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Rage for Order
The British Empire and the Origins of International Law, 1800–1850
Lauren Benton and Lisa Ford
Harvard University Press, 2016

International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century.

Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome…Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.”
—Alex Middleton, Reviews in History

Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.”
—Jens Bartelson, Australian Historical Studies

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Reconstructing Reconstruction
The Supreme Court and the Production of Historical Truth
Pamela Brandwein
Duke University Press, 1999
Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866–75 concern issues of slavery? In this book Pamela Brandwein examines the post–Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established.
Delving into the circumstances, assumptions, and rhetoric that shaped the “official” story of Reconstruction, Brandwein describes precisely how a dominant interpretation of events ultimately emerged and what its implications have been for twentieth-century judicial decisions, particularly for Supreme Court rulings on civil rights. While analyzing interpretive disputes about slavery, Brandwein offers a detailed rescoring of post–Civil War legislative and constitutional history, including analysis of the original understanding of the Fourteenth Amendment. She identifies the perspectives on Reconstruction that were endorsed or rejected by the Supreme Court. Explaining what it meant—theoretically and practically—to resolve Reconstruction debates with a particular definition of slavery, Brandwein recounts how the Northern Democratic definition of “ending” slavery was not the only definition, just the one that prevailed. Using a familiar historical moment to do new interpretive work, she outlines a sociology of constitutional law, showing how subjective narrative construction can solidify into opaque institutional memory.
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Reconstructing the National Bank Controversy
Politics and Law in the Early American Republic
Eric Lomazoff
University of Chicago Press, 2018
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law.

With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
 
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The Reconstruction Amendments
The Essential Documents, Volume 1
Edited by Kurt T. Lash
University of Chicago Press, 2021
Ratified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom.

            Volume I outlines a broad historical context for the Reconstruction Amendments and contains materials related to the Thirteenth Amendment, which abolished slavery, while Volume 2 covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional debates to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
 
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The Reconstruction Amendments
The Essential Documents, Volume 2
Edited by Kurt T. Lash
University of Chicago Press, 2021
Ratified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom.

            Volume I outlines a broad historical context for the Reconstruction Amendments along with materials related to the Thirteenth Amendment, which abolished slavery, while Volume II covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional talks to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
 
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Red, White, and Blue
A Critical Analysis of Constitutional Law
Mark V. Tushnet
Harvard University Press, 1988

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The Rise of Constitutional Government in the Iberian Atlantic World
The Impact of the Cádiz Constitution of 1812
Scott Eastman
University of Alabama Press, 2015
In March 1812, while Napoleon’s brother Joseph sat on the throne of Spain and the armies of France occupied much of the country, legislators elected from Spain and its overseas territories met in the Andalusian city of Cádiz. There, as the cornerstone of a government in exile, they drafted and adopted the first liberal constitution in the Hispanic world, a document that became known as the Cádiz Constitution of 1812.
 
The 1812 Constitution was extremely influential in and beyond Europe, and this collection of essays explores how its enduring legacy not only shaped the history of state-building, elections, and municipal governance in Iberian America, but also affected national identities and citizenship as well as the development of race and gender in the region.
 
A bold blueprint for governing a global, heterogeneous monarchy, the Constitution represented a rupture with Spain’s Antiguo Régimen (Old Regime) in numerous ways—in the limits it placed on the previously autocratic Bourbon monarchs, in the admission to its governing bodies of deputies from Spain’s American viceroyalties as equals, and in its framers’ vociferous debate over the status of castas (those of mixed ancestry) and slaves. The Rise of Constitutional Government in the Iberian Atlantic World covers these issues and adopts a transatlantic perspective that recovers the voices of those who created a vibrant political culture accessible to commoners and elite alike.
 
The bicentenary of the Constitution of 1812 offered scholars an excellent moment to reexamine the form and role of constitutions across the Spanish-speaking world. Constitutionalism remains a topic of intense debate in Latin America, while contemporary Spain itself continues to seek ways to balance a strong central government with centripetal forces in its regions, notably the Basque and Catalan provinces. The multifaceted essays compiled here by Scott Eastman and Natalia Sobrevilla Perea both shed new light on the early, liberal Hispanic societies and show how the legacies of those societies shape modern Spain and Latin America.
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The Roots of American Bureaucracy, 1830–1900
William E. Nelson
Harvard University Press, 1982

William Nelson reinterprets nineteenth-century American history as a struggle between majority rule and minority rights. From this fresh point of view, he traces the roots of American bureaucracy.

Nelson analyzes the majority–minority tension form the Jacksonian revolution of strong party rule and majoritarian decisionmaking through the abolitionist crisis, the Civil War, Reconstruction, and the rise of industrialism. He shows that ultimately political and legal pluralism emerged to protect minority and individual rights. The instrument of a professional bureaucracy with neutral political standards was fashioned. Personalities as seemingly disparate as Henry Adams, John W. Burgess, Charles W. Eliot, Christopher Columbus Langdell, and Theodore Roosevelt all contributed in an effort to stop the centralizing impact of democracy.

Nelson’s new way of thinking about the period puts into different perspective the actions of the three branches of federal government, its courts and administrative agencies, and even the states. All shifted toward bureaucratic or neutral standards, reliance on experts, and professionalization. Legal thought changed from an instrumental to a formal reasoning style, civil service tamped down partisan politics, and in Congress, seniority and the committee system check democratic tendencies.

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The Roundtable Talks and the Breakdown of Communism
Edited by Jon Elster
University of Chicago Press, 1996
In 1989 and 1990, Eastern European Communist regimes and opposition groups conducted a series of roundtable talks to peacefully negotiate the abolition of authoritarian rule and the transition to democratic governance. This volume documents that unprecedented process of national reinvention and constitution making.

These essays capture the historical circumstances of these countries—their traditions, customs, and the balance of influence between competing factions—that often took precedence over constitutional ideals. In five country-specific reports, senior scholars provide detailed accounts of the talks in Bulgaria, Poland, Hungary, Czechoslovakia, and the German Democratic Republic. Also included is an essay on the political factors underlying the failure of negotiations between reform groups and the Chinese regime, providing an illuminating counterpoint to the path taken in Eastern Europe.

This book is an invaluable resource for scholars of constitutional design and democratization and for specialists in Eastern Europe.
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The Royalist Revolution
Monarchy and the American Founding
Eric Nelson
Harvard University Press, 2014

Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey
Finalist, George Washington Prize
A Choice Outstanding Academic Title of 2015

Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch.

The Royalist Revolution is a thought-provoking book, and Nelson is to be commended for reviving discussion of the complex ideology of the American Revolution. He reminds us that there was a spectrum of opinion even among the most ardent patriots and a deep British influence on the political institutions of the new country.”
—Andrew O’Shaughnessy, Wall Street Journal

“A scrupulous archaeology of American revolutionary thought.”
—Thomas Meaney, The Nation

“A powerful double-barrelled challenge to historiographical orthodoxy.”
—Colin Kidd, London Review of Books

“[A] brilliant and provocative analysis of the American Revolution.”
—John Brewer, New York Review of Books

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