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The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.
When polling data showed that an overwhelming 81% of white evangelicals had voted for Donald Trump in the 2016 presidential election, commentators across the political spectrum were left aghast. Even for a community that had been tracking further and further right for decades, this support seemed decidedly out of step. How, after all, could an amoral, twice-divorced businessman from New York garner such devoted admiration from the most vociferous of "values voters?" That this same group had, not a century earlier, rallied national support for such progressive causes as a federal minimum wage, child labor laws, and civil rights made the Trump shift even harder to square. In The End of Empathy, John W. Compton presents a nuanced portrait of the changing values of evangelical voters over the course of the last century. To explain the rise of white Protestant social concern in the latter part of the nineteenth century and its sudden demise at the end of the twentieth, Compton argues that religious conviction, by itself, is rarely sufficient to motivate empathetic political behavior. When believers do act empathetically-championing reforms that transfer resources or political influence to less privileged groups within society, for example-it is typically because strong religious institutions have compelled them to do so. Citizens throughout the previous century had sought membership in churches as a means of ensuring upward mobility, but a deterioration of mainline Protestant authority that started in the 1960s led large groups of white suburbanites to shift away from the mainline Protestant churches. There to pick up the slack were larger evangelical congregations with conservative leaders who discouraged attempts by the government to promote a more equitable distribution of wealth and political authority. That shift, Compton argues, explains the larger revolution in white Protestantism that brought us to this political moment.
This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
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