A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution?

Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.

“Our personal rights, comprehending those of life, liberty, and estate is every subject’s birthright, whether born in Great Britain or in the colonies” wrote Rhode Island lawyer and politician Martin Howard in a pamphlet defending the Stamp Act. Howard’s opponents drew on a similar fusion of Anglo-American common law and political tradition to voice their own arguments against Parliamentary taxation. Still, such commonalities were not enough to save Howard during Newport’s Stamp Act riots when a mob destroyed his home and forced him to flee to London. Martin was later appointed North Carolina’s Chief Justice, where he played an important role in another crisis, the Regulator Rebellion. The complexities and seeming contradictions that informed the writings of Martin Howard and his colonial counterparts during both the Stamp Act crisis and the Regulator Rebellion bring these understudied movements to vivid life, while also telling a broader story about the evolution of American political thought in the decades surrounding the American Revolution. 
            In Seized with the Temper of the Times Identity and Rebellion in Pre-Revolutionary America, historian Abby Chandler explores, as never before, the complex local and transatlantic tensions which infused the early imperial crisis. She argues that colonial responses to the Stamp Act were rooted in local tensions and that the Regulator Rebellion was fueled by trans-Atlantic tensions. These two paradoxes, a local crisis cast as imperial affair and an imperial affair cast as local crisis, tell a very different story than the one to which we are accustomed. Without pre-existing local tensions, the fury of the Stamp Act crisis might not have spilled over during the summer of 1765, and, without the added strains of the imperial crisis, the Regulator Rebellion might not have lasted for five years. The questions about the intersecting roles of local and imperial/federal interests and identities raised during both the Stamp Act crisis and the Regulator Rebellion would also continue to inform political thought in Rhode Island and North Carolina in the coming decades. Both colonies had long histories of challenges to their autonomy and their residents embraced the coming revolution before many of their counterparts, but they would also be reluctant participants in the rising union envisioned by the framers of the Constitution. 

Biographers, journalists, and satirists have long used the subject of sex to define the masculine character and political authority of America's Founding Fathers. Tracing these commentaries on the Revolutionary Era's major political figures in Sex and the Founding Fathers, Thomas Foster shows how continual attempts to reveal the true character of these men instead exposes much more about Americans and American culture than about the Founders themselves. 

 

Sex and the Founding Fathers examines the remarkable and varied assessments of the intimate lives of George Washington, Thomas Jefferson, John Adams, Benjamin Franklin, Alexander Hamilton, and Gouverneur Morris from their own time to ours. Interpretations can change radically; consider how Jefferson has been variously idealized as a chaste widower, condemned as a child molester, and recently celebrated as a multicultural hero.  

 

Foster considers the public and private images of these generally romanticized leaders to show how each generation uses them to reshape and reinforce American civic and national identity. 

The contributors to Situation Critical argue for the continued importance of critique to early American studies, pushing back against both reductivist neo-empiricism and so-called postcritique. Bringing together essays by a diverse group of historians and literary scholars, editors Max Cavitch and Brian Connolly demonstrate that critique is about acknowledging that we are never simply writing better or worse accounts of the past, but accounts of the present as well. The contributors examine topics ranging from the indeterminacy of knowledge and history to Black speculative writing and nineteenth-century epistemology, the role of the unconscious in settler colonialism, and early American writing about masturbation, repression, religion, and secularism and their respective influence on morality. The contributors also offer vital new interpretations of major lines of thought in the history of critique—especially those relating to Freud and Foucault—that will be valuable both for scholars of early American studies and for scholars of the humanities and interpretive social sciences more broadly.

Contributors. Max Cavitch, Brian Connolly, Matthew Crow, John J. Garcia, Christopher Looby, Michael Meranze, Mark J. Miller, Justine S. Murison, Britt Rusert, Ana Schwartz, Joan W. Scott, Jordan Alexander Stein

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.

Along the Wabash River near present-day Fort Recovery, Ohio, on November 4, 1791, the Maumee Confederation of Indigenous tribes destroyed a superior American army led by Revolutionary War veteran General Arthur St. Clair. The victory was so complete, that the Shawnee recalled that the “the ground was covered with the dead and the dying.” Also known as “St. Clair’s Defeat” and “The Battle With No Name”—since the US forces did not know where they were—the Battle of the Wabashwas the United States military’s worst disaster in the history of the Indian wars. This, despite the army having artillery and outnumbering the confederation warriors by almost two to one. It was both the new Republic’s first war and its first undeclared war. Ordered on the offensive by President George Washington in an attempt to exert control of the frontier, the defeat triggered the first Congressional investigation and the first assertion of executive privilege. Often overlooked is thatno other Native American battle in three centuries, from colonial times to Geronimo, affected somany lives. The Maumee Confederation’s victory largely stymied American expansion into the rest of the Northwest Territory, and ultimately into the Great Plains for almost four years. For the Native Peoples this was a respite from the incessant deforestation that accompanied western settlements. While Ohio and the rest of the Old Northwest ultimately succumbed to US control, President James Madison would later warn his fellow Americans that the unchecked destruction of the natural environment was as much of a threat to national security as any enemy along its borders.
            The Soldiers Fell Like Autumn Leaves: The Battle of the Wabash, the United States’ Greatest Defeat in the Wars Against Indigenous Peoples by Rick M. Schoenfield places this important war into its cultural, racial, economic, and political context. For the first time, the ecological impact is explored, for at stake in the clash between Woodland Native Americans and white, agrarian settlement, was the fate of a vast forest eco-system. The issue echoes today in the debate over climate change, deforestation, and indigenous control of forest habitats. Based on primary sources, some of which are consulted here for the first time, including a newly discovered muster roll and the recent archaeological study of the battlefield, the author provides the most accurate description of the battle while capturing the drama of what occurred. He also critically examines the information gathering,planning, and tacticsof both the Maumee Confederation and the United States, from the conception of the campaign through the battlefield decisions. By skillfully weaving together the disparate but related parts of the larger history of this battle,The Soldiers Fell Like Autumn Leaves allows the reader to better understand the motivations and long-term consequences of the war against Native peoples in the Americas.

The Loyalists who supported the British during the American Revolution have frequently been neglected in accounts of that conflict. Nevertheless, Loyalists made significant efforts to assist British forces in restoring royal control of the thirteen colonies. This was especially true in South Carolina, where backcountry Loyalists under almost-forgotten leaders such as Joseph Robinson and Euan McLaurin challenged the Revolutionary movement in 1775. Although their initial efforts were unsuccessful, Robinson, McLaurin, and hundreds of their followers eventually made their way to British East Florida, where they organized into a provincial regiment called the South Carolina Royalists. Operating in concert with British efforts, the Royalists were part of many notable actions from 1778 to 1781, including the defenses of East Florida and Savannah, Georgia, and the battles of Briar Creek, Stono Ferry, Musgrove’s Mill, and Hobkirk’s Hill. A second provincial regiment created in 1780, Major John Harrison’s South Carolina Rangers, saw considerably action in operations against partisans under Francis Marion. When the British were forced to evacuate their backcountry posts in 1781, the Royalists, Rangers, and three troops of Provincial Light Dragoons raised earlier in the year withdrew first to Charleston and then East Florida. From there, many went to Canada at the war’s end, with others dispersing to different British colonies to begin new lives after their strenuous but unsuccessful effort on behalf of king and country.
            In South Carolina Provincials: Loyalists in British Service During the American Revolution, historian Jim Piecuch provide the first comprehensive history of those South Carolinians who took up arms to assist the British during their attempt to quell the rebellion in the South. Based on primary source research including records rarely consulted, the result provides a much clearer picture of the American Revolution at the local level in Georgia, Florida, and the Carolinas.
 

Students and enthusiasts of American history are familiar with the Revolutionary War spies Nathan Hale and Benedict Arnold, but few studies have closely examined the wider intelligence efforts that enabled the colonies to gain their independence. Spies, Patriots, and Traitors provides readers with a fascinating, well-documented, and highly readable account of American intelligence activities during the era of the Revolutionary War, from 1765 to 1783, while describing the intelligence sources and methods used and how our Founding Fathers learned and practiced their intelligence role.

The author, a retired CIA officer, provides insights into these events from an intelligence professional’s perspective, highlighting the tradecraft of intelligence collection, counterintelligence, and covert actions and relating how many of the principles of the era’s intelligence practice are still relevant today. Kenneth A. Daigler reveals the intelligence activities of famous personalities such as Samuel Adams, George Washington, Benjamin Franklin, Nathan Hale, John Jay, and Benedict Arnold, as well as many less well-known figures. He examines the important role of intelligence in key theaters of military operations, such as Massachusetts, New York, New Jersey, Pennsylvania, and in General Nathanael Greene’s campaign in South Carolina; the role of African Americans in the era’s intelligence activities; undertakings of networks such as the Culper Ring; and intelligence efforts and paramilitary actions conducted abroad.

Spies, Patriots, and Traitors adds a new dimension to our understanding of the American Revolution. The book’s scrutiny of the tradecraft and management of Revolutionary War intelligence activities will be of interest to students, scholars, intelligence professionals, and anyone who wants to learn more about this fascinating era of American history.

Students and enthusiasts of American history are familiar with the Revolutionary War spies Nathan Hale and Benedict Arnold, but few studies have closely examined the wider intelligence efforts that enabled the colonies to gain their independence. Spies, Patriots, and Traitors provides readers with a fascinating, well-documented, and highly readable account of American intelligence activities during the era of the Revolutionary War, from 1765 to 1783, while describing the intelligence sources and methods used and how our Founding Fathers learned and practiced their intelligence role.

The author, a retired CIA officer, provides insights into these events from an intelligence professional’s perspective, highlighting the tradecraft of intelligence collection, counterintelligence, and covert actions and relating how many of the principles of the era’s intelligence practice are still relevant today. Kenneth A. Daigler reveals the intelligence activities of famous personalities such as Samuel Adams, George Washington, Benjamin Franklin, Nathan Hale, John Jay, and Benedict Arnold, as well as many less well-known figures. He examines the important role of intelligence in key theaters of military operations, such as Massachusetts, New York, New Jersey, Pennsylvania, and in General Nathanael Greene’s campaign in South Carolina; the role of African Americans in the era’s intelligence activities; undertakings of networks such as the Culper Ring; and intelligence efforts and paramilitary actions conducted abroad.

Spies, Patriots, and Traitors adds a new dimension to our understanding of the American Revolution. The book’s scrutiny of the tradecraft and management of Revolutionary War intelligence activities will be of interest to students, scholars, intelligence professionals, and anyone who wants to learn more about this fascinating era of American history.

The founding of the United States after the American Revolution was so deliberate, so inspired, and so monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. Recognizing the artificial nature of the state, these early politicians believed the culture of a people should inform the development of their governing rules and bodies. Eric Slauter explores these central ideas in this extensive and novel account of the origins and meanings of the Constitution of the United States. Slauter uncovers the hidden cultural histories upon which the document rests, highlights the voices of ordinary people, and considers how the artifice of the state was challenged in its effort to sustain inalienable natural rights alongside slavery and to achieve political secularization at a moment of growing religious expression.

A complement to classic studies of the Constitution’s economic, ideological, and political origins, The State as a Work of Art sheds new light on the origins of the Constitution and on ongoing debates over its interpretation.