What happens when the political ideas and constitutional
interpretations of one generation are replaced by those of another?
This process has occurred throughout American history down to the
present day as "we the people" change our minds about how we govern
ourselves. Depicting a monumental clash of generations, Gerard
Magliocca reminds us once again how our Constitution remains a
living document.
Magliocca reinterprets the legal landmarks of the Jacksonian era
to demonstrate how the meaning of the Constitution evolves in a
cyclical and predictable fashion. He highlights the ideological
battles fought by Jacksonian Democrats against Federalists and
Republicans over states' rights, presidential authority, the scope
of federal power, and other issues. By doing so he shows how
presidential politics, Supreme Court decisions, and congressional
maneuverings interweave, creating a recurrent pattern of
constitutional change.
Magliocca builds on the view that major changes in American
political and constitutional development occur generationally--in
roughly thirty-year intervals--and move from dominant regime to the
emergence of a counter-regime. Focusing on a period largely
neglected in studies of such change, he offers a lucid introduction
to the political and legal history of the antebellum era while
tracing Jackson's remarkable consolidation of power in the
executive branch.
The Jacksonian movement grew out of discontent over the growth
of federal power and the protection given Native Americans at the
expense of frontier whites, and Magliocca considers such issues to
support his argument. He examines Jackson's defeat of the Bank of
the United States, shows how his clash with the Marshall Court over
the Cherokee "problem" in Worcester v. Georgia sparked the revival
of abolitionist culture and foreshadowed the Fourteenth Amendment,
and also offers a new look at Dred Scott, M'Culloch v. Maryland,
judicial review, and presidential vetoes. His analysis shows how
the interaction of reformers and conservatives drives change and
how rough-and-tumble politics shapes our Republic more than the
creativity of judicial decisions.
Offering intriguing parallels between Jackson and George W. Bush
regarding the scope of executive power, Magliocca has produced a
rich synthesis of history, political science, and law that revives
our understanding of an entire era and its controversies, while
providing a model of constitutional law applicable to any
period.
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