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A Compromise of Principle
Publisher description: After the Civil War the president and the Congress had a unique opportunity to restore the Union on the egalitarian principles of the American Revolution. But from the beginning there was little agreement on how to bind up the nation's wounds and insure the rights of blacks after emanicpation. Underlying the dispute was the struggle within the Republican party that pitted Charles Sumner and Thaddeus Stevens against their less radical Republican colleagues. By the end of the war, most Republicans endorsed black suffrage but Johnson's refusal to require it of southerners and the defeat of equal-suffrage proposals in several northern states led nonradicals to retreat from their advanced position. This new study of the struggle behind the development of the Republican Reconstruction policy demonstrates that Republican conservatives and moderates, not radicals, shaped Reconstruction policy throughout the Johnson administration.
The Blessings of Liberty
This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.
A Historian's Guide to Copyright
This primer for historians on copyright covers the history of copyright law and provides a detailed guide to copyright as it relates to research, publication, and teaching for historians.
Sources in American Constitutional History
In the second revised and expanded edition of this invaluable reader, Michael Les Benedict draws together the important documents that have shaped and been shaped by the American Constitution from medieval times through the present day. It includes not only the most important Supreme Court decisions, but also key American declarations, resolutions, laws, and platforms. All these documents represent, in a sense, the formal expression of the American people's ongoing contract with each other. The documents in the reader are organized into chapters corresponding to those in the third edition of The Blessings of Liberty: A Concise History of the Constitution of the United States. However, since they reflect the generally accepted canon of American constitutional history, they may supplement any textbook or other readings. The brief introductory headnotes provide information about the social, political, and intellectual context in which each document first appeared.
Political Parties and the Constitution
"Sponsored by the Institute for Constitutional History at the New-York Historical Society and the George Washington University Law School."
The Impeachment and Trial of Andrew Johnson
Probes into the efforts to remove Johnson from the presidency and details the results of the impeachment trial.
Preserving the Constitution
"Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Alm...
Ex Parte Milligan Reconsidered
At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by t...
The Facts of Reconstruction
Thirty years after the publication of John Hope Franklin’s influential interpretative essay Reconstruction: After the Civil War, ten distinguished scholars have contributed to a new appraisal of Reconstruction scholarship. Recognizing Professor Franklin’s major contributions to the study of the Reconstruction era, their work of analysis and review has been dedicated to him. Although most of the contributors studied with John Hope Franklin, The Facts of Reconstruction is not a festschrift, at least not the conventional sense. The book does not offer a comprehensive assessment of Franklin’s remarkably wide-ranging work in southern and Afro-American history, but instead engages his influe...
The Constitution Besieged
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and...
