"In short, we have a first-rate study of an important constitutional symbol of disunion." --Donald Roper, American Journal of Legal History 26 (1982) 255. Finkelman describes the judicial turmoil that ensued when slaves were taken into free states and the resultant issues of comity, conflict of laws, interstate cooperation, Constitutional obligations, and the nationalization of slavery. "Other scholars have defined the antebellum constitutional crisis largely in terms of the extension of slavery to the territories and the return of fugitive slaves. Finkelman's study demonstrates that the comity problem was also an important dimension of intersectional tension. It is a worthy addition to the growing literature of slavery." -- James W. Ely, Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School. He is the author of more than 200 scholarly articles and more than 35 books including A March of Liberty: A Constitutional History of the United States, with Melvin I. Urofsky (2011), Slavery, Race and the American Legal System, 1700-1872 (editor) (1988) and Slavery in the Courtroom (1985).

Recipient of the Joseph L. Andrews Award in 1986. This book provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain. It provides the reader with an understanding of most of the important American and British cases on slavery.

"The Civil War was the most dramatic, violent, and fateful experience in American history. . . . Little wonder that the Civil War had a profound impact that has echoed down the generations and remains undiminished today. That impact helps explain why at least 50,000 books and pamphlets . . . on the Civil War have been published since the 1860s. Most of these are in the Library of Congress, along with thousands of unpublished letters, diaries, and other documents that make this depository an unparalleled resource for studying the war. From these sources, the editors of "The Library of Congress Civil War Desk Reference "have compiled a volume that every library, every student of the Civil War--indeed everyone with an interest in the American past--will find indispensable." --From the Foreword by James M. McPherson, Pulitzer Prize-winning author of "Battle Cry of Freedom "

COMPREHENSIVE STUDY OF LYNCHING Published by the NAACP in 1919 to promote awareness of lynching in the United States, this seminal study provides information on the lynchings of 3,224 African-Americans between 1889 and 1918. With a new introduction by noted slave historian, Paul Finkelman. "The book reprinted here is one of the most comprehensive studies of lynching in U.S. history. The NAACP data shows that most lynchings were not about interracial sex-the great paranoia of the southern white Americans. Many blacks were lynched because they had allegedly committed murders. However, many of these "murderers" were never tried and the evidence against them was speculative at best. But other blacks were lynched for no apparent reason, or for some minor transgression of social and racial rules-as understood by whites-such as 'inflammatory language, ' 'insulting remarks to a white woman, ' 'being disreputable, ' or just 'race prejudice.' This last cause-racial prejudice-was indeed at the root of almost all lynchings of African-Americans." -- Paul Finkelman, Introduction CONTENTS Summation of the Facts Disclosed in Tables The Story of One Hundred Lynchings Appendix I-Analyses of Number of Persons Lynched Appendix II-Chronological List of Persons Lynched in United States 1889 to 1918, Inclusive, Arranged by State

Reprinted from the Garland series: Slavery, Race and the American Legal System, 1700-1872, the 13 pamphlets in this collection address cases that led to the abolition of slavery, cases against free blacks and abolitionists and cases dealing with race laws. " The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." --William M. Wiecek, American Journal of Legal History 33 (1989) 187

Few images of early America were more striking, and jarring, than that of slaves in the capital city of the world's most important free republic. Black slaves served and sustained the legislators, bureaucrats, jurists, cabinet officials, military leaders, and even the presidents who lived and worked there. While slaves quietly kept the nation's capital running smoothly, lawmakers debated the place of slavery in the nation, the status of slavery in the territories newly acquired from Mexico, and even the legality of the slave trade in itself. "In the Shadow of Freedom," with essays by some of the most distinguished historians in the nation, explores the twin issues of how slavery made life possible in the District and how lawmakers in the District regulated slavery in the nation.

If the FBI asks local law enforcement agencies to interrogate Arab and Muslim men within their jurisdictions, may the Detroit Chief of Police decline to do so? Would allowing the federal government to insist on local assistance be an example of undesirable federal overreaching or desirable national uniformity? If the FBI engages in a Joint Terrorism Task Force with local law enforcement officials in Portland, Oregon, may Portland police officers ignore surveillance-limiting Oregon state laws that apply to them, but not to the FBI? May those officers be bound to secrecy and prohibited from telling their employers if their colleagues violate state law? If the city of Arcata, California, disapproves of powers the USA Patriot Act gives federal investigators, may it prohibit its law enforcement personnel from helping the FBI conduct investigations?

Concern about the proper balance between federal and local authority reaches back to the founding of our nation. That discussion has been re-ignited by the shock waves generated on September 11, 2001, which profoundly challenged our understandings of various constitutional strategies established to prevent overreaching by the Federal government. Until now, the discussion about the impact of 9/11 on American law has paid little attention to federalism, a vertical check on the federal government that complements the horizontal checks created by the separation of powers of the legislative, judicial, and executive branches.

Questions about the ability of state and local governments to make their own policy choices form an important subset of questions about how far the federal government can or should go in its antiterrorism efforts. Clashes between claims of national authority and claims of local autonomy raise political questions that play out within a framework of constitutional law. "Terrorism, Government, and LaW" is designed to foster an important national conversation on this subject.

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation\u2019s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans \u201chad no rights\u201d under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Meticulously detailed coverage of the life, politics, and legacy of one of our nation's most influential presidents Drawing on the latest in Lincoln scholarship, The Political Lincoln: An Encyclopedia-published to coincide with the bicentennial of Lincoln's birth-uniquely addresses the political aspects of the sixteenth president's actions, influence, and legacy. Detailed entries present sophisticated yet accessible analysis of Lincoln's democratic ideas and policies about slavery and emancipation, the emergence of the Republican Party, how Lincoln viewed the Civil War and how the war affected him, the major and minor figures in his life, and much, much more.

This title is the only book on the topic that includes the major primary sources for evaluation of what has and has not constituted an impeachable offense, including the documents on the investigation of President Clinton as they bear on impeachment. Impeachable Offenses presents the historical proceedings and precedents for impeachment in the U.S., leading up to the current investigation of President Clinton. Focusing on providing a clear understanding of what the Constitution says about impeachment and how its terms have been applied throughout our history, Impeachable Offenses gives readers the perspective they need to make informed decisions. In an easy-to-read style packed with fascinating detail, Impeachable Offenses explores the frequency and reasons impeachment articles have and have not emerged from House investigations in the past 200 years, allowing readers to form their own conclusions on the current case based on the historical record. Impeachable Offenses includes the historical detail and documents on each of the 16 times articles of impeachment have been drawn up, plus the outcome of those investigations that did not lead to impeachment. Impeachable Offenses also includes the entire catalog of potentially impeachable offenses in the Starr Report, the impeachment-related clauses from the Constitution, and a discussion of the Senate's trial procedures.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

Central to the development of the American legal system, writes Professor Finkelman in Slavery & the Law, is the institution of slavery. It informs us not only about early concepts of race and property, but about the nature of American democracy itself. Prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law. What emerges from this multi-faceted portrait is a complex legal system designed to ensure the property rights of slave-holders and to institutionalize racism. The ultimate result was to strengthen the institution of slavery in the midst of a growing trend toward democracy in the mid-nineteenth-century Atlantic community.

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation\u2019s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans \u201chad no rights\u201d under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.

The three most important Supreme Court Justices before the Civil War-Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story-upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime-a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America's founding ideals and embedded racism ever deeper in American civic life.

The oddly named president whose shortsightedness and stubbornness fractured the nation and sowed the seeds of civil war

In the summer of 1850, America was at a terrible crossroads. Congress was in an uproar over slavery, and it was not clear if a compromise could be found. In the midst of the debate, President Zachary Taylor suddenly took ill and died. The presidency, and the crisis, now fell to the little-known vice president from upstate New York.

In this eye-opening biography, the legal scholar and historian Paul Finkelman reveals how Millard Fillmore's response to the crisis he inherited set the country on a dangerous path that led to the Civil War. He shows how Fillmore stubbornly catered to the South, alienating his fellow Northerners and creating a fatal rift in the Whig Party, which would soon disappear from American politics--as would Fillmore himself, after failing to regain the White House under the banner of the anti-immigrant and anti-Catholic "Know Nothing" Party.

Though Fillmore did have an eye toward the future, dispatching Commodore Matthew Perry on the famous voyage that opened Japan to the West and on the central issues of the age--immigration, religious toleration, and most of all slavery--his myopic vision led to the destruction of his presidency, his party, and ultimately, the Union itself.

W. E. B. Du Bois was a public intellectual, sociologist, and activist on behalf of the African American community. He profoundly shaped black political culture in the United States through his founding role in the NAACP, as well as internationally through the Pan-African movement. Du Bois's sociological and historical research on African-American communities and culture broke ground in many areas, including the history of the post-Civil War Reconstruction period. Du Bois was also a prolific author of novels, autobiographical accounts, innumerable editorials and journalistic pieces, and several works of history.
John Brown is W. E. B. Du Bois's groundbreaking political biography that paved the way for his transition from academia to a lifelong career in social activism. This biography is unlike Du Bois's earlier work; it is intended as a work of consciousness-raising on the politics of race. Less important are the historical events of John Brown's life than the political revelations found within the pages of this biography. At the time that he wrote it in 1909, Du Bois had begun his transformation into the most influential civil rights leader of his time. With a series introduction by editor Henry Louis Gates, Jr., and an introduction by Paul Finkelman, this edition is essential for anyone interested in African American history.

"When Lincoln took office, in March 1861, the national government had no power to touch slavery in the states where it existed. Lincoln understood this, and said as much in his first inaugural address, noting: 'I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists.'" How, then, asks Paul Finkelman in the introduction to Lincoln, Congress, and Emancipation, did Lincoln-who personally hated slavery-lead the nation through the Civil War to January 1865, when Congress passed the constitutional amendment that ended slavery outright? The essays in this book examine the route Lincoln took to achieve emancipation, and how it is remembered both in the United States and abroad. The ten contributors-all on the cutting edge of contemporary scholarship on Lincoln and the Civil War-push our understanding of this watershed moment in US history in new directions. They present wide-ranging contributions to Lincoln studies, including a parsing of the sixteenth president's career in Congress in the 1840s and a brilliant critique of the historical choices made by Stephen Spielberg and writer Tony Kushner in the movie Lincoln, about the passage of the thirteenth amendment. As a whole, these classroom-ready readings provide fresh and essential perspectives on Lincoln's deft navigation of constitutional and political circumstances to move emancipation forward.

The Patrons of Husbandry-or the Grange-is the longest-lived US agricultural society and, since its founding shortly after the Civil War, has had immeasurable influence on social change as enacted by ordinary Americans. The Grange sought to relieve the struggles of small farmers by encouraging collaboration. Pathbreaking for its inclusion of women, the Grange is also well known for its association with Gilded Age laws aimed at curbing the monopoly power of railroads. In Essentials, Unity takes as its focus Grange founder Oliver Kelley and his home organization in Minnesota. Jenny Bourne draws upon numerous historical records to present a lively picture of a fraternal organization devoted to improving the lot of farmers but whose legacies extend far beyond agriculture. From struggles over minimum wage, birth control, and environmental regulation to the conflicts surrounding the Affordable Care Act, and from lunch-counter sit-ins to Occupy Wall Street, the Grange has shaped the very notion of collective action and how it is deployed even today. As this compact book so effectively illustrates, the history of the Patrons of Husbandry exposes the classic tension between the desires for achieving overall economic success and determining how the spoils are split.

The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century. In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the "felt" history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested. Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein

The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some civilians had violently opposed the war effort, and emancipation was under way. This set the stage for Congress to play catch-up for much of the conflict. The result was an ongoing race to pass new laws and set policies. Throughout it all, Congress had to answer to a fractured and demanding public. In addition, Congress, no longer paralyzed by large numbers of Southern slave owners, moved forward on progressive economic and social issues—such as the transcontinental railroad and the land grant college act—which could not previously have been passed. In Congress and the People’s Contest, Paul Finkelman and Donald R. Kennon have assembled some of the nation’s finest scholars of American history and law to evaluate the interactions between Congress and the American people as they navigated a cataclysmic and unprecedented war. Displaying a variety and range of focus that will make the book a classroom must, these essays show how these interactions took place—sometimes successfully, and sometimes less so. Contributors: L. Diane Barnes, Fergus M. Bordewich, Jenny Bourne, Jonathan Earle, Lesley J. Gordon, Mischa Honeck, Chandra Manning, Nikki M. Taylor, and Eric Walther.