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"Americans' ideas about constitutional liberty played a crucial
role in the history of Reconstruction. They provided the basis for
the Republican program of equal rights; ironically, they also set
the limits to that program and reduced the prospects for its
success. Americans were as concerned with preserving the
Constitution as they were with changing it to protect liberty and
equal rights. These two commitments were in profound tension. The
question was how one could change the constitutional system to
fulfill the promise of the Declaration of Independence-to entrench
a republic dedicated to liberty instead of slavery-and yet preserve
the essentials of federalism and local democracy. Almost 150 years
later we still struggle with these problems." -Michael Les
Benedict, from the Introduction Historians and legal scholars
continue to confront the failure of Reconstruction, exploring the
interaction of pervasive racism with widespread commitments to
freedom and equality. In this important book, one of America's
leading historians confronts the constitutional politics of the
period from the end of the Civil War until 1877. Benedict updates
ten of his classic essays that explore the way Republicans tried to
replace the slaveholding republic with a nation dedicated to
freedom and equality of basic legal and political rights-and how
Americans' constitutional commitments, and those of Republicans
themselves, limited reform. Expertly bridging legal, political,
party history, the essays explore the fate of the Thirteenth,
Fourteenth, and Fifteenth Amendments, as well as the struggle
between President and Congress over the course of Reconstruction.
Brought together for the first time with a new introduction, and
revised to reflect emerging scholarship, the essays are essential
points of departure for students and scholars in history, law, and
political science.
"Americans' ideas about constitutional liberty played a crucial
role in the history of Reconstruction. They provided the basis for
the Republican program of equal rights; ironically, they also set
the limits to that program and reduced the prospects for its
success. Americans were as concerned with preserving the
Constitution as they were with changing it to protect liberty and
equal rights. These two commitments were in profound tension. The
question was how one could change the constitutional system to
fulfill the promise of the Declaration of Independence-to entrench
a republic dedicated to liberty instead of slavery-and yet preserve
the essentials of federalism and local democracy. Almost 150 years
later we still struggle with these problems." -Michael Les
Benedict, from the Introduction Historians and legal scholars
continue to confront the failure of Reconstruction, exploring the
interaction of pervasive racism with widespread commitments to
freedom and equality. In this important book, one of America's
leading historians confronts the constitutional politics of the
period from the end of the Civil War until 1877. Benedict updates
ten of his classic essays that explore the way Republicans tried to
replace the slaveholding republic with a nation dedicated to
freedom and equality of basic legal and political rights-and how
Americans' constitutional commitments, and those of Republicans
themselves, limited reform. Expertly bridging legal, political,
party history, the essays explore the fate of the Thirteenth,
Fourteenth, and Fifteenth Amendments, as well as the struggle
between President and Congress over the course of Reconstruction.
Brought together for the first time with a new introduction, and
revised to reflect emerging scholarship, the essays are essential
points of departure for students and scholars in history, law, and
political science.
This concise, accessible text provides students with a history of
American constitutional development in the context of political,
economic, and social change. Constitutional historian Michael
Benedict stresses the role that the American people have played
over time in defining the powers of government and the rights of
individuals and minorities. He covers important trends and events
in U.S. constitutional history, encompassing key Supreme Court and
lower-court cases. The volume begins by discussing the English and
colonial origins of American constitutionalism. Following an
analysis of the American Revolution's meaning to constitutional
history, the text traces the Constitution's evolution from the
Early Republic to the present day. This third edition is updated to
include the election of 2000, the Tea Party and the rise of popular
constitutionalism, and the rise of judicial supremacy as seen in
cases such as Citizens United, the Affordable Care Act, and gay
marriage.
The eight essays in this volume imaginatively explore the
interrelationship between law and society in nineteenth-century
America and encompass in their discussion some of the major
historical issues of the era.
In this volume, ten expert historians and legal scholars examine
the Civil Rights Act of 1866, the first federal civil rights
statute in American history. The act declared that all persons born
in the United States were citizens without regard to race, color,
or previous condition of slavery. Designed to give the Thirteenth
Amendment practical effect as former slave states enacted laws
limiting the rights of African Americans, this measure for the
first time defined U.S. citizenship and the rights associated with
it. Essays examine the history and legal ramifications of the act
and highlight competing impulses within it, including the
often-neglected Section 9, which allows the president to use the
nation's military in its enforcement; an investigation of how the
Thirteenth Amendment operated to overturn the Dred Scott case; and,
New England's role in the passage of the act. The act is analyzed
as it operated in several states such as Kentucky, Missouri, and
South Carolina during Reconstruction. There is also a consideration
of the act and its interpretation by the Supreme Court in its first
decades. Other essays include a discussion of the act in terms of
contract rights and in the context of the post-World War II Civil
Rights Era as well as an analysis of the act's backward-looking and
forward-looking nature. Not only is the Civil Rights Act of 1866
historically significant as the moment in Reconstruction when the
federal government first sought to define national citizenship and
protect civil rights, it continues to frame citizenship and rights
debates and it is still used in federal lawsuits today.
This concise, accessible text provides students with a history of
American constitutional development in the context of political,
economic, and social change. Constitutional historian Michael
Benedict stresses the role that the American people have played
over time in defining the powers of government and the rights of
individuals and minorities. He covers important trends and events
in U.S. constitutional history, encompassing key Supreme Court and
lower-court cases. The volume begins by discussing the English and
colonial origins of American constitutionalism. Following an
analysis of the American Revolution's meaning to constitutional
history, the text traces the Constitution's evolution from the
Early Republic to the present day. This fourth edition is updated
to include the 2016 election, the Trump administration, the 2020
election, and the first activities of the Biden administration.
This concise, accessible text provides students with a history of
American constitutional development in the context of political,
economic, and social change. Constitutional historian Michael
Benedict stresses the role that the American people have played
over time in defining the powers of government and the rights of
individuals and minorities. He covers important trends and events
in U.S. constitutional history, encompassing key Supreme Court and
lower-court cases. The volume begins by discussing the English and
colonial origins of American constitutionalism. Following an
analysis of the American Revolution's meaning to constitutional
history, the text traces the Constitution's evolution from the
Early Republic to the present day. This fourth edition is updated
to include the 2016 election, the Trump administration, the 2020
election, and the first activities of the Biden administration.
In the second revised and expanded edition of this invaluable
reader, Michael Les Benedict draws together the important documents
that have shaped and been shaped by the American Constitution from
medieval times through the present day. It includes not only the
most important Supreme Court decisions, but also key American
declarations, resolutions, laws, and platforms. All these documents
represent, in a sense, the formal expression of the American
people's ongoing contract with each other. The documents in the
reader are organized into chapters corresponding to those in the
third edition of The Blessings of Liberty: A Concise History of the
Constitution of the United States. However, since they reflect the
generally accepted canon of American constitutional history, they
may supplement any textbook or other readings. The brief
introductory headnotes provide information about the social,
political, and intellectual context in which each document first
appeared.
In the second revised and expanded edition of this invaluable
reader, Michael Les Benedict draws together the important documents
that have shaped and been shaped by the American Constitution from
medieval times through the present day. It includes not only the
most important Supreme Court decisions, but also key American
declarations, resolutions, laws, and platforms. All these documents
represent, in a sense, the formal expression of the American
people's ongoing contract with each other. The documents in the
reader are organized into chapters corresponding to those in the
third edition of The Blessings of Liberty: A Concise History of the
Constitution of the United States. However, since they reflect the
generally accepted canon of American constitutional history, they
may supplement any textbook or other readings. The brief
introductory headnotes provide information about the social,
political, and intellectual context in which each document first
appeared.
The United States that entered the twentieth century was vastly
different from the nation that emerged from the Civil War.
Industrialization, mass immigration, the growing presence of women
in the work force, and the rapid advance of the cities had
transformed American society. Broad in scope, The Gilded Age brings
together sixteen original essays that offer lively syntheses of
modern scholarship while making their own interpretive arguments.
These engaging pieces allow students to consider the various
societal, cultural and political factors that make studying the
Gilded Age crucial to our understanding of America today. Charles
W. Calhoun connects all of these essays with a comprehensive
introduction that places each article in an understandable
historical context. For the second edition of this successful book,
each essay was revised and three new pieces have been added that
explore technology, consumerism, intellectual life, and race in
late nineteenth century America.
This book argues that although Johnson's impeachment did not succeed in ousting him, it was a justified step. It describes the critical issues and events leading up to the impeachment and then discusses the trial itself: what the grounds were, what the different sides' motivations were, why the attempt failed. Michael Les Benedict is professor of history at Ohio State University.
'When you judge decisions, you have to judge them in light of what
there was available to do, ' noted Secretary of State George C.
Marshall to the Senate in 1951. In this spirit, this volume
addresses and succeeds in outlining the mammoth task that Northern
Americans faced after the Civil War in restoring the Union.
Originally published in 1975 by the J.B. Lippincott Company
This concise, accessible text provides students with a history of
American constitutional development in the context of political,
economic, and social change. Constitutional historian Michael
Benedict stresses the role that the American people have played
over time in defining the powers of government and the rights of
individuals and minorities. He covers important trends and events
in U.S. constitutional history, encompassing key Supreme Court and
lower-court cases. The volume begins by discussing the English and
colonial origins of American constitutionalism. Following an
analysis of the American Revolution's meaning to constitutional
history, the text traces the Constitution's evolution from the
Early Republic to the present day. This third edition is updated to
include the election of 2000, the Tea Party and the rise of popular
constitutionalism, and the rise of judicial supremacy as seen in
cases such as Citizens United, the Affordable Care Act, and gay
marriage.
The United States that entered the twentieth century was vastly
different from the nation that emerged from the Civil War.
Industrialization, mass immigration, the growing presence of women
in the work force, and the rapid advance of the cities had
transformed American society. Broad in scope, The Gilded Age brings
together sixteen original essays that offer lively syntheses of
modern scholarship while making their own interpretive arguments.
These engaging pieces allow students to consider the various
societal, cultural and political factors that make studying the
Gilded Age crucial to our understanding of America today. Charles
W. Calhoun connects all of these essays with a comprehensive
introduction that places each article in an understandable
historical context. For the second edition of this successful book,
each essay was revised and three new pieces have been added that
explore technology, consumerism, intellectual life, and race in
late nineteenth century America.
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