“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
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.
At the close of the Civil War, Americans found themselves drawn into a new conflict, one in which the basic shape of the nation's government had to be rethought and new rules for the democratic game had to be established. In this superb new study, David Quigley argues that New York City's politics and politicians lay at the heart of Reconstruction's intense, conflicted drama. In ways that we understand all too well today, New York history became national history. The establishment of a postwar interracial democracy required the tearing down and rebuilding of many basic tenets of American government, yet, as Quigley shows in dramatic detail, the white supremacist traditions of the nation's leading city militated against a genuine revision of America's racial order, for New York politicians placed limits on the possibilities of true Reconstruction at every turn. Still, change did occur and a new America did take shape. Ironically, it was in New York City that new languages and practices for public life were developing which left an indelible mark on progressive national politics. Quigley's signal accomplishment is to show that the innovative work of New York's black activists, Tammany Democrats, bourgeois reformers, suffragettes, liberal publicists, and trade unionists resulted in a radical redefinition of reform in urban America.
The author is presenting a broadly structured study about the first fifty years of European integration, its geopolitical context and academic reflection. His study is based on the two-fold thesis that since a few years, the European Union is going through a process of its Second Founding while simultaneously changing its rationale.
John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.
An in-depth study of American social movements after the Civil War and their lessons for today by a prizewinning historian The Civil War unleashed a torrent of claims for equality—in the chaotic years following the war, former slaves, women’s rights activists, farmhands, and factory workers all engaged in the pursuit of the meaning of equality in America. This contest resulted in experiments in collective action, as millions joined leagues and unions. In Equality: An American Dilemma, 1866–1886, Charles Postel demonstrates how taking stock of these movements forces us to rethink some of the central myths of American history. Despite a nationwide push for equality, egalitarian impulses oftentimes clashed with one another. These dynamics get to the heart of the great paradox of the fifty years following the Civil War and of American history at large: Waves of agricultural, labor, and women’s rights movements were accompanied by the deepening of racial discrimination and oppression. Herculean efforts to overcome the economic inequality of the first Gilded Age and the sexual inequality of the late-Victorian social order emerged alongside Native American dispossession, Chinese exclusion, Jim Crow segregation, and lynch law. Now, as Postel argues, the twenty-first century has ushered in a second Gilded Age of savage socioeconomic inequalities. Convincing and learned, Equality explores the roots of these social fissures and speaks urgently to the need for expansive strides toward equality to meet our contemporary crisis.
PULITZER PRIZE WINNER • NATIONAL BESTSELLER • A landmark work of history explores how a group of greatly gifted but deeply flawed individuals—Hamilton, Burr, Jefferson, Franklin, Washington, Adams, and Madison—confronted the overwhelming challenges before them to set the course for our nation. “A splendid book—humane, learned, written with flair and radiant with a calm intelligence and wit.” —The New York Times Book Review The United States was more a fragile hope than a reality in 1790. During the decade that followed, the Founding Fathers—re-examined here as Founding Brothers—combined the ideals of the Declaration of Independence with the content of the Constitution to create the practical workings of our government. Through an analysis of six fascinating episodes—Hamilton and Burr’s deadly duel, Washington’s precedent-setting Farewell Address, Adams’ administration and political partnership with his wife, the debate about where to place the capital, Franklin’s attempt to force Congress to confront the issue of slavery and Madison’s attempts to block him, and Jefferson and Adams’ famous correspondence—Founding Brothers brings to life the vital issues and personalities from the most important decade in our nation’s history.
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
The first edition of Alan Gibson's Understanding the Founding is widely regarded as an invaluable guide to the last century's key debates surrounding America's founding. This new edition retains all of the strengths of the original while adding a substantial new section addressing a major but previously unaddressed issue and also significantly revising Gibson's invaluable conclusion and bibliography. In the original edition, which was built upon his previous work in Interpreting the Founding, Gibson addressed four key questions: Were the Framers motivated by their economic interests? How democratic was the Framers' Constitution? Should we interpret the Founding using philosophical or strictly historical approaches? What traditions of political thought were most important to the Framers? He focused especially on the preconceptions that scholars brought to these questions, explored the deepest sources of scholars' disagreements over them, and suggested new and thoughtful lines of interpretation and inquiry. His incisive analysis brought clarity to the complex and sprawling debates and shed new light on the institutional and intellectual foundations of the American political system. Gibson has now added a path-breaking new chapter entitled "How Could They Have Done That? Founding Scholarship and the Question of Moral Responsibility," which reprises and critiques on of the most important and vexing contemporary debates on the American founding. The new chapter focuses on how the men who fought a revolution in the name of liberty and declared to the world that "all men are created equal" could have supported the institution of slavery and even owned slaves themselves, accepted the legal and social subordination of women, and been responsible for Indian removal and genocide against Native Americans. Efforts to criticize or defend the Founders on these issues now constitute a daunting body of scholarship addressing what David Brion Davis has called the "dilemmas of slaveholding revolutionaries." Gibson's astute and fair-minded analysis of this scholarship offers keen insights into how we might move toward more mature and responsible evaluations of the Founders.
