liberty and union the civil war era and american constitutionalism

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The Webster Hayne Debate On The Nature Of The Union

Author : Daniel Webster
ISBN : 0865972737
Genre : Political Science
File Size : 77. 17 MB
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The Webster-Hayne Debate consists of speeches delivered in the United States Senate in January of 1830. The debates between Daniel Webster of Massachusetts and Robert Hayne of South Carolina gave fateful utterance to the differing understandings of the nature of the American Union that had come to predominate in the North and the South, respectively, by 1830. To Webster the Union was the indivisible expression of one nation of people. To Hayne the Union was the voluntary compact among sovereign states. Each man spoke more or less for his section, and their classic expositions of their respective views framed the political conflicts that culminated at last in the secession of the Southern states and war between advocates of Union and champions of Confederacy. The key speakers and viewpoints are included in The Webster-Hayne Debate. These speeches represent every major perspective on 'the nature of the Union' in the early nineteenth century.

Lincoln And The Politics Of Slavery

Author : Daniel W. Crofts
ISBN : 1469627310
Genre : History
File Size : 20. 88 MB
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In this landmark book, Daniel Crofts examines a little-known episode in the most celebrated aspect of Abraham Lincoln's life: his role as the "Great Emancipator." Lincoln always hated slavery, but he also believed it to be legal where it already existed, and he never imagined fighting a war to end it. In 1861, as part of a last-ditch effort to preserve the Union and prevent war, the new president even offered to accept a constitutional amendment that barred Congress from interfering with slavery in the slave states. Lincoln made this key overture in his first inaugural address. Crofts unearths the hidden history and political maneuvering behind the stillborn attempt to enact this amendment, the polar opposite of the actual Thirteenth Amendment of 1865 that ended slavery. This compelling book sheds light on an overlooked element of Lincoln's statecraft and presents a relentlessly honest portrayal of America's most admired president. Crofts rejects the view advanced by some Lincoln scholars that the wartime momentum toward emancipation originated well before the first shots were fired. Lincoln did indeed become the "Great Emancipator," but he had no such intention when he first took office. Only amid the crucible of combat did the war to save the Union become a war for freedom.

An Imperfect Union

Author : Paul Finkelman
ISBN : 9781584770923
Genre : Law
File Size : 73. 66 MB
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"In short, we have a first-rate study of an important constitutional symbol of disunion." --Donald Roper, American Journal of Legal History 26 (1982) 255. Finkelman describes the judicial turmoil that ensued when slaves were taken into free states and the resultant issues of comity, conflict of laws, interstate cooperation, Constitutional obligations, and the nationalization of slavery. "Other scholars have defined the antebellum constitutional crisis largely in terms of the extension of slavery to the territories and the return of fugitive slaves. Finkelman's study demonstrates that the comity problem was also an important dimension of intersectional tension. It is a worthy addition to the growing literature of slavery." -- James W. Ely, Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School. He is the author of more than 200 scholarly articles and more than 35 books including A March of Liberty: A Constitutional History of the United States, with Melvin I. Urofsky (2011), Slavery, Race and the American Legal System, 1700-1872 (editor) (1988) and Slavery in the Courtroom (1985).

The Constitution And The New Deal

Author : G. Edward WHITE
ISBN : 0674008316
Genre : Law
File Size : 76. 28 MB
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In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Bleeding Kansas

Author : Nicole Etcheson
ISBN : UOM:39015058739593
Genre : History
File Size : 45. 72 MB
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Examines the social milieu of the settlers and traces the complex interactions among groups inside and outside the territory, creating a comprehensive political, social, and intellectual history of this period in the state's history.

The Nebraska Kansas Act Of 1854

Author : John R. Wunder
ISBN : 0803248164
Genre : Law
File Size : 73. 97 MB
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The Nebraska-Kansas Act of 1854 turns upside down the traditional way of thinking about one of the most important laws ever passed in American history. The act that created Nebraska and Kansas also, in effect, abolished the Missouri Compromise, which had prohibited slavery in the region since 1820. This bow to local control outraged the nation and led to vicious confrontations, including Kansas' subsequent mini-civil war. At the 150th anniversary of the Kansas-Nebraska Act these scholars reexamine the political, social, and personal contexts of this act and its effect on the course of American history.

Colonial Origins Of The American Constitution

Author : Donald S. Lutz
ISBN : STANFORD:36105060994543
Genre : History
File Size : 68. 88 MB
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This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.

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