Ranging widely from the founding era to Reconstruction, from the
making of the modern state to its post-New Deal limits, John Fabian
Witt illuminates the legal and constitutional foundations of
American nationhood through the little-known stories of five
patriots and critics. He shows how law and constitutionalism have
powerfully shaped and been shaped by the experience of nationhood
at key moments in American history.
Founding Father James Wilson's star-crossed life is testament to
the capacity of American nationhood to capture the imagination of
those who have lived within its orbit. For South Carolina freedman
Elias Hill, the nineteenth-century saga of black citizenship in the
United States gave way to a quest for a black nationhood of his own
on the West African coast. Greenwich Village radical Crystal
Eastman became one of the most articulate critics of American
nationhood, advocating world federation and other forms of
supranational government and establishing the modern American civil
liberties movement. By contrast, the self-conscious patriotism of
Dean Roscoe Pound of Harvard Law School and trial lawyer Melvin
Belli aimed to stave off what Pound and Belli saw as the dangerous
growth of a foreign administrative state.
In their own way, each of these individuals came up against the
power of American national institutions to shape and constrain the
directions of legal change. Yet their engagements with American
nationhood remade the institutions and ideals of the United States
even as the national tradition shaped and constrained the course of
their lives.
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