The Failure of the Founding Fathers

Author: Bruce ACKERMAN
Publisher: Harvard University Press
ISBN: 9780674020054
Release Date: 2009-06-30
Genre: History

Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.

The Failure of the Founding Fathers

Author: Bruce ACKERMAN
Publisher: Harvard University Press
ISBN: 0674023951
Release Date: 2007
Genre: History

Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.

Andrew Jackson and the Constitution

Author: Gerard N. Magliocca
Publisher:
ISBN: UOM:39015069347147
Release Date: 2007
Genre: Biography & Autobiography

Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.

Revolution by Judiciary

Author: Jed Rubenfeld
Publisher: Harvard University Press
ISBN: 0674017153
Release Date: 2005
Genre: Law

Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former "Application Understandings" and the latter "No-Application Understandings." He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding. This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.

We the People Volume 3

Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 9780674416499
Release Date: 2014-03-03
Genre: Law

The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.

Midnight in America

Author: Jonathan W. White
Publisher: UNC Press Books
ISBN: 9781469632056
Release Date: 2017-02-02
Genre: History

The Civil War brought many forms of upheaval to America, not only in waking hours but also in the dark of night. Sleeplessness plagued the Union and Confederate armies, and dreams of war glided through the minds of Americans in both the North and South. Sometimes their nightly visions brought the horrors of the conflict vividly to life. But for others, nighttime was an escape from the hard realities of life and death in wartime. In this innovative new study, Jonathan W. White explores what dreams meant to Civil War–era Americans and what their dreams reveal about their experiences during the war. He shows how Americans grappled with their fears, desires, and struggles while they slept, and how their dreams helped them make sense of the confusion, despair, and loneliness that engulfed them. White takes readers into the deepest, darkest, and most intimate places of the Civil War, connecting the emotional experiences of soldiers and civilians to the broader history of the conflict, confirming what poets have known for centuries: that there are some truths that are only revealed in the world of darkness.

The Development of the American Presidency

Author: Richard J. Ellis
Publisher: Routledge
ISBN: 9781136980596
Release Date: 2013-06-17
Genre: Political Science

Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.

James Madison and Constitutional Imperfection

Author: Jeremy D. Bailey
Publisher: Cambridge University Press
ISBN: 9781316404799
Release Date: 2015-09-09
Genre: Political Science

This book presents a provocative account of James Madison's political thought by focusing on Madison's lifelong encounter with the enduring problem of constitutional imperfection. In particular, it emphasizes Madison's alliance with Thomas Jefferson, liberating it from those long-standing accounts of Madisonian constitutionalism that emphasize deliberation by elites and constitutional veneration. Contrary to much of the scholarship, this book shows that Madison was aware of the limits of the inventions of political science and held a far more subtle understanding of the possibility of constitutional government than has been recognized. By repositioning Madison as closer to Jefferson and the Revolution of 1800, this book offers a reinterpretation of one of the central figures of the early republic.

Dominion of Memories

Author: Susan Dunn
Publisher: Basic Books
ISBN: 9780465006793
Release Date: 2007-07-30
Genre: History

For decades, the Commonwealth of Virginia led the nation. The premier state in population, size, and wealth, it produced a galaxy of leaders: Washington, Jefferson, Madison, Monroe, Mason, Marshall. Four of the first five presidents were Virginians. And yet by the middle of the nineteenth century, Virginia had become a byword for slavery, provincialism, and poverty. What happened? In her remarkable book, Dominion of Memories, historian Susan Dunn reveals the little known story of the decline of the Old Dominion. While the North rapidly industrialized and democratized, Virginia's leaders turned their backs on the accelerating modern world. Spellbound by the myth of aristocratic, gracious plantation life, they waged an impossible battle against progress and time itself. In their last years, two of Virginia's greatest sons, Thomas Jefferson and James Madison, grappled vigorously with the Old Dominion's plight. But bound to the traditions of their native soil, they found themselves grievously torn by the competing claims of state and nation, slavery and equality, the agrarian vision and the promises of economic development and prosperity. This fresh and penetrating examination of Virginia's struggle to defend its sovereignty, traditions, and unique identity encapsulates, in the history of a single state, the struggle of an entire nation drifting inexorably toward Civil War.

Inventing the Job of President

Author: Fred I. Greenstein
Publisher: Princeton University Press
ISBN: 9781400831364
Release Date: 2009-08-10
Genre: History

From George Washington's decision to buy time for the new nation by signing the less-than-ideal Jay Treaty with Great Britain in 1795 to George W. Bush's order of a military intervention in Iraq in 2003, the matter of who is president of the United States is of the utmost importance. In this book, Fred Greenstein examines the leadership styles of the earliest presidents, men who served at a time when it was by no means certain that the American experiment in free government would succeed. In his groundbreaking book The Presidential Difference, Greenstein evaluated the personal strengths and weaknesses of the modern presidents since Franklin D. Roosevelt. Here, he takes us back to the very founding of the republic to apply the same yardsticks to the first seven presidents from Washington to Andrew Jackson, giving his no-nonsense assessment of the qualities that did and did not serve them well in office. For each president, Greenstein provides a concise history of his life and presidency, and evaluates him in the areas of public communication, organizational capacity, political skill, policy vision, cognitive style, and emotional intelligence. Washington, for example, used his organizational prowess--honed as a military commander and plantation owner--to lead an orderly administration. In contrast, John Adams was erudite but emotionally volatile, and his presidency was an organizational disaster. Inventing the Job of President explains how these early presidents and their successors shaped the American presidency we know today and helped the new republic prosper despite profound challenges at home and abroad.

The Great Decision

Author: Cliff Sloan
Publisher: PublicAffairs
ISBN: 9780786744961
Release Date: 2010-03-02
Genre: History

Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and the evolution of our democracy.

We the People Volume 1

Author: Bruce A. Ackerman
Publisher: Harvard University Press
ISBN: 0674948416
Release Date: 1993-03-15
Genre: History

Volume 3, Publisher description: The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks's courageous defiance, to Martin Luther King's resounding cadences in "I Have a Dream," to Lyndon Johnson's leadership of Congress, to the Supreme Court's decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution. Ackerman anchors his discussion in the landmark statutes of the 1960s: the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. Challenging conventional legal analysis and arguing instead that constitutional politics won the day, he describes the complex interactions among branches of government--and also between government and the ordinary people who participated in the struggle. He showcases leaders such as Everett Dirksen, Hubert Humphrey, and Richard Nixon who insisted on real change, not just formal equality, for blacks and other minorities. The Civil Rights Revolution transformed the Constitution, but not through judicial activism or Article V amendments. The breakthrough was the passage of laws that ended the institutionalized humiliations of Jim Crow and ensured equal rights at work, in schools, and in the voting booth. This legislation gained congressional approval only because of the mobilized support of the American people--and their principles deserve a central place in the nation's history. Ackerman's arguments are especially important at a time when the Roberts Court is actively undermining major achievements of America' Second Reconstruction.

Thomas Jefferson and Executive Power

Author: Jeremy D. Bailey
Publisher: Cambridge University Press
ISBN: 9781139466295
Release Date: 2007-07-09
Genre: Political Science

By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.

John Marshall

Author: Harlow Giles Unger
Publisher: Da Capo Press
ISBN: 9780306822216
Release Date: 2014-09-30
Genre: Biography & Autobiography

A soul-stirring biography of John Marshall, the young republic's great chief justice, who led the Supreme Court to power and brought law and order to the nation