A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

Surrounded by a ring of fire, the scorpion stings itself to death. The image, widespread among antislavery leaders before the Civil War, captures their long-standing strategy for peaceful abolition: they would surround the slave states with a cordon of freedom. They planned to use federal power wherever they could to establish freedom: the western territories, the District of Columbia, the high seas. By constricting slavery they would induce a crisis: slaves would escape in ever-greater numbers, the southern economy would falter, and finally the southern states would abolish the institution themselves. For their part the southern states fully understood this antislavery strategy. They cited it repeatedly as they adopted secession ordinances in response to Lincoln's election.

The scorpion's sting is the centerpiece of this fresh, incisive exploration of slavery and the Civil War: Was there a peaceful route to abolition? Was Lincoln late to emancipation? What role did race play in the politics of slavery? With stunning insight James Oakes moves us ever closer to a new understanding of the most momentous events in our history.

The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of anti-slavery leaders, including Lincoln himself. But James Oakes's brilliant history of Lincoln's anti-slavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of anti-slavery for Lincoln was the Constitution of the United States. Lincoln adopted the anti-slavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his anti-slavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action-in the western territories, in the District of Columbia, over the slave trade-they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He re-entered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas/Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonisation of free Blacks abroad. President Lincoln took full advantage of the anti-slavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King's cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.

The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes's brilliant history of Lincoln's antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action-in the western territories, in the District of Columbia, over the slave trade-they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas-Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King's cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.

Though not blind to Abraham Lincoln's imperfections, Black Americans long ago laid a heartfelt claim to his legacy. At the same time, they have consciously reshaped the sixteenth president's image for their own social and political ends. Frederick Hord and Matthew D. Norman's anthology explores the complex nature of views on Lincoln through the writings and thought of Frederick Douglass, Ida B. Wells-Barnett, Mary McLeod Bethune, Thurgood Marshall, Malcolm X, Gwendolyn Brooks, Barbara Jeanne Fields, Barack Obama, and dozens of others. The selections move from speeches to letters to book excerpts, mapping the changing contours of the bond--emotional and intellectual--between Lincoln and Black Americans over the span of one hundred and fifty years. A comprehensive and valuable reader, Knowing Him by Heart examines Lincoln's still-evolving place in Black American thought.

The Worlds of James Buchanan and Thaddeus Stevens examines the political interests, relationships, and practices of two of the era's most prominent politicians as well as the political landscapes they inhabited and informed. Both men called Lancaster County, Pennsylvania, their home, and both were bachelors. During the 1850s, James Buchanan tried to keep the Democratic Party alive as the slavery debate divided his peers and the political system. Thaddeus Stevens, meanwhile, as Whig turned Republican, invested in the federal government to encourage economic development and social reform, especially antislavery and Republican Reconstruction. Considering Buchanan and Stevens's divergent lives alongside their political and social worlds reveals the dynamics and directions of American politics, especially northern interests and identities. While focusing on these individuals, the contributors also explore the roles of parties and patronage in informing political loyalties and behavior. They further track personal connections across lines of gender and geography and underline the importance of details like who regularly dined and conversed with whom, the complex social milieu of Washington, the role of rumor in determining political allegiances, and the ways personality and failing relationships mattered in a hothouse of national politics fueled by slavery and expansion. The essays in The Worlds of James Buchanan and Thaddeus Stevens collectively invite further consideration of how parties, personality, place, and private lives influenced the political interests and actions of an age affected by race, religion, region, civil war, and reconstruction.

Historian James Oakes's pathbreaking interpretation of the slaveholding South demonstrates that slavery and freedom were not mutually exclusive but were intertwined in every dimension of life in the South, influencing relations between masters and slaves, slaveholders and non-slaveholders, and resulting in the rise of a racist ideology. ". . . a solidly researched, provocative account of the Old South that will make its readers think and rethink".--NEWSDAY.

A History of American Slaveholders
With a new introduction

"A sweeping and spirited history of Southern slaveholders."—David Herbert Donald

This pathbreaking social history of the slaveholding South marks a turn in our understanding of antebellum America and the coming of the Civil War. Oakes's bracing analysis breaks the myth that slaveholders were a paternalistic aristocracy dedicated to the values of honor, race, and section. Instead they emerge as having much in common with their entrepreneurial counterparts in the North: they were committed to free-market commercialism and political democracy for white males. The Civil War was not an inevitable conflict between civilizations on different paths but the crack-up of a single system, the result of people and events.

"Invaluable."—Los Angeles Times

The image of a scorpion surrounded by a ring of fire, stinging itself to death, was widespread among antislavery leaders before the Civil War. It captures their long-standing strategy for peaceful abolition: they would surround the slave states with a cordon of freedom, constricting slavery and inducing the social crisis in which the peculiar institution would die. The image opens a fresh perspective on antislavery and the coming of the Civil War, brilliantly explored here by one of our greatest historians of the period.

To fully understand and appreciate Abraham Lincoln's legacy, it is important to examine the society that influenced the life, character, and leadership of the man who would become the Great Emancipator. Editors Joseph R. Fornieri and Sara Vaughn Gabbard have done just that in Lincoln's America: 1809-1865, a collection of new and original essays by ten eminent historians that place Lincoln within his nineteenth-century cultural context.

This book explores the life of Abraham Lincoln on the eve of his bicentennial. To fully understand and appreciate Abraham Lincoln's legacy, it is important to examine the society that influenced the life, character, and leadership of the man who would become the Great Emancipator. Editors Joseph R. Fornieri and Sara Vaughn Gabbard have done just that in ""Lincoln's America: 1809-1865"", a collection of new and original essays by ten eminent historians that place Lincoln within his nineteenth-century cultural context.Among the topics explored in ""Lincoln's America"" are religion, education, middle-class family life, the antislavery movement, politics, and law. Of particular interest are the transition of American intellectual and philosophical thought from the Enlightenment to Romanticism and the influence of this evolution on Lincoln's own ideas.By examining aspects of Lincoln's life - his personal piety in comparison with the beliefs of his contemporaries, his success in self-schooling when frontier youths had limited opportunities for a formal education, his marriage and home life in Springfield, and his legal career - in light of broader cultural contexts such as the development of democracy, the growth of visual arts, the question of slaves as property, and French visitor Alexis de Tocqueville's observations on America, the contributors delve into the mythical Lincoln of folklore and discover a developing political mind and a changing nation. As ""Lincoln's America"" shows, the sociopolitical culture of nineteenth-century America was instrumental in shaping Lincoln's character and leadership. The essays in this volume paint a vivid picture of a young nation and its sixteenth president, arguably its greatest leader.