There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

a[C]onsistently amusing and edifying throughout. [Hoffer] demonstrates an extraordinary mastery of a wide variety of materials. Heas a mature historian at peak form.a
aPeter Onuf, author of "The Mind of Thomas Jefferson"

aHoffer has a knack for using contemporary situations that will eventually be topics for historical writing.a
aClaire Potter, Wesleyan University

How do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like athen.a It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox a the more it is required, the less reliable it has become. To reconcile this paradox a that history is impossible but necessary a Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.

The philosophy of history that Hoffer supports in The Historiansa Paradox is driven by a continual and careful search for the authentic, but without confining the real to a finite or closed set of facts. Hoffer urges us to think and live with a keen awareness that history is everywhere, to accept the impossibility of measuring its reliability, but to never approach it unquestioningly. Covering a sweeping range of philosophies (from ancient history to gametheory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

The Historiansa Paradox brings together accounts of actual historical events, anecdotes about historians, insights from philosophers of history, and the personal experience of a long time scholar and teacher. Throughout, Hoffer liberally spices the mixture with humor to create a philosophy of history for our times.

A lively synthesis of early American history, now in its third edition. The Brave New World covers the entire span of early American history, from 30,000 years before Europeans landed on North American shores to the Revolutionary War. With its exploration of the places and peoples of early America, this comprehensive new edition of a classic textbook brings together the most recent scholarship on the colonial and revolutionary eras, Native Americans, slavery and the slave trade, politics, war, and the daily lives of ordinary people. In this edition, Peter Charles Hoffer incorporates the wealth of innovative work on early American history, including fresh material on - environmental history - the Dutch and French Caribbean - Indigenous societies - consumer goods - mapping - captivity tales - settler imperialism - power--who has it, who wants it, how it is expressed, and how it is opposed Emphasizing how diverse and entangled the early American imperial world was, this edition also greatly expands the geographical scope of the book. An updated bibliographic essay offering short descriptions of relevant books, articles, collections, and anthologies rounds out the volume. Wide-ranging and inclusive, The Brave New World continues to provide students, instructors, and historians with an engaging and accessible history of early North America.

An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

How do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like athen.a It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox -- the more it is required, the less reliable it has become. To reconcile this paradox -- that history is impossible but necessary -- Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.

The philosophy of history that Hoffer supports in The Historians' Paradox is driven by a continual and careful search for the authentic, but without confining the real to a finite or closed set of facts. Hoffer urges us to think and live with a keen awareness that history is everywhere, to accept the impossibility of measuring its reliability, but to never approach it unquestioningly. Covering a sweeping range of philosophies (from ancient history to game theory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

The Historians' Paradox brings together accounts of actual historical events, anecdotes about historians, insights from philosophers of history, and the personal experience of a long time scholar and teacher. Throughout, Hoffer liberally spices the mixture with humor to create a philosophy of history for our times.

Passed by the House of Representatives at the start of the 1836 session, the gag rule rejected all petitions against slavery, effectively forbidding Congress from addressing the antislavery issue until it was rescinded in late 1844. In the Senate, a similar rule lasted until 1850. Strongly supported by all southern and some northern Democratic congressmen, the gag rule became a proxy defense of slavery's morality and economic value in the face of growing pro-abolition sentiment. In John Quincy Adams and the Gag Rule, 1835-1850, Peter Charles Hoffer transports readers to Washington, DC, in the period before the Civil War to contextualize the heated debates surrounding the rule. At first, Hoffer explains, only a few members of Congress objected to the rule. These antislavery representatives argued strongly for the reception and reading of incoming abolitionist petitions. When they encountered an almost uniformly hostile audience, however, John Quincy Adams took a different tack. He saw the effort to gag the petitioners as a violation of their constitutional rights. Adams's campaign to lift the gag rule, joined each year by more and more northern members of Congress, revealed how the slavery issue promoted a virulent sectionalism and ultimately played a part in southern secession and the Civil War. A lively narrative intended for history classrooms and anyone interested in abolitionism, slavery, Congress, and the coming of the Civil War, John Quincy Adams and the Gag Rule, 1835-1850, vividly portrays the importance of the political machinations and debates that colored the age.

History helps us understand change, provides clues to our own identity, and hones our moral sense. But history is not a stand-alone discipline. Indeed, its own history is incomplete without recognition of its debt to its companions in the humane and social sciences. In Clio among the Muses, noted historiographer Peter Charles Hoffer relates the story of this remarkable collaboration. Hoffer traces history's complicated partnership with its coordinate disciplines of religion, philosophy, the social sciences, literature, biography, policy studies, and law. As in ancient days, when Clio was preeminent among the other eight muses, so today, the author argues that history can and should claim pride of place in the study of past human action and thought. Intimate and irreverent at times, Clio among the Muses synthesizes a remarkable array of information. Clear and concise in its review of the companionship between history and its coordinate disciplines, fair-minded in its assessment of the contributions of history to other disciplines and these disciplines' contributions to history, Clio among the Muses will capture the attention of everyone who cares about the study of history. For as the author demonstrates, the study of history is something unique, ennobling, and necessary. One can live without religion, philosophy and the rest. One cannot exist without history. Rigorously documented throughout, the book offers a unique perspective on the craft of history. Peter Charles Hoffer has taught history at Harvard, Ohio State, Notre Dame, Brooklyn College, and the University of Georgia since 1968, and specializes in historical methods, early American history, and legal history. He has authored or co-authored over three dozen books, and edited another twenty. Previous titles include The Historian's Paradox: The Study of History in Our Time (NYU Press, 2008).

In the current legal climate where “everyone is an originalist,� conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward�—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer.“In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,� Hoffer convincingly argues.

The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP's Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.

The Brave New World covers the span of early American history, from 30,000 years before Europeans ever landed on North American shores to creation of the new nation. With its exploration of the places and peoples of early America, this comprehensive, lively narrative brings together the most recent scholarship on the colonial and revolutionary eras, Native Americans, slavery, politics, war, and the daily lives of ordinary people. The revised, enlarged edition includes a new chapter carrying the story through the American Revolution, the War for Independence, and the creation of the Confederation. Additional material on the frontier, the Southwest and the Caribbean, the slave trade, religion, science and technology, and ecology broadens the text, and maps drawn especially for this edition will enable readers to follow the story more closely. The bibliographical essay, one of the most admired features of the first edition, has been expanded and brought up to date.

Peter Charles Hoffer combines the Atlantic Rim scholarship with a Continental perspective, illuminating early America from all angles -- from its first settlers to the Spanish Century, from African slavery to the Salem witchcraft cases, from prayer and drinking practices to the development of complex economies, from the colonies' fight for freedom to an infant nation's struggle for political and economic legitimacy. Wide-ranging in scope, inclusive in content, the revised edition of The Brave New World continues to provide professors, students, and historians with an engaging and accessible history of early North America.

Before colonial Americans could declare independence, they had to undergo a change of heart. Beyond a desire to rebel against British mercantile and fiscal policies, they had to believe that they could stand up to the fully armed British soldier. Prelude to Revolution uncovers one story of how the Americans found that confidence. On April 19, 1775, British raids on Lexington Green and Concord Bridge made history, but it was an episode nearly two months earlier in Salem, Massachusetts, that set the stage for the hostilities. Peter Charles Hoffer has discovered records and newspaper accounts of a British gunpowder raid on Salem. Seeking powder and cannon hidden in the town, a regiment of British Regulars were foiled by quick-witted patriots who carried off the ordnance and then openly taunted the Regulars. The prudence of British commanding officer Alexander Leslie and the persistence of the patriot leaders turned a standoff into a bloodless triumph for the colonists. What might have been a violent confrontation turned into a local victory, and the patriots gloated as news spread of "Leslie's Retreat." When British troops marched on Lexington and Concord on that pivotal day in April, Hoffer explains, each side had drawn diametrically opposed lessons from the Salem raid. It emboldened the rebels to stand fast and infuriated the British, who vowed never again to back down. After relating these battles in vivid detail, Hoffer provides a teachable problem in historic memory by asking why we celebrate Lexington and Concord but not Salem and why New Englanders recalled the events at Salem but then forgot their significance. Praise for the work of Peter Charles Hoffer "This book more than succeeds in achieving its goal of helping students understand and appreciate the cultural and intellectual environment of the Anglophone world." (New England Quarterly, reviewing When Benjamin Franklin Met the Reverend Whitefield). "A synthetic essay of considerable grace and scope...An excellent overview of the field." (Journal of Legal History, reviewing Law and People in Colonial America).

In the 1740s, two quite different developments revolutionized Anglo-American life and thought--the Enlightenment and the Great Awakening. This book takes an encounter between the paragons of each movement--the printer and entrepreneur Benjamin Franklin and the British-born revivalist George Whitefield--as an opportunity to explore the meaning of the beginnings of modern science and rationality on one hand and evangelical religious enthusiasm on the other.

There are people who both represent the times in which they live and change them for the better. Franklin and Whitefield were two such men. The morning that they met, they formed a long and lucrative partnership: Whitefield provided copies of his journals and sermons, Franklin published them. So began one of the most unique, mutually profitable, and influential friendships in early American history.

By focusing this study on Franklin and Whitefield, Peter Charles Hoffer defines with great precision the importance of the Anglo-American Atlantic World of the eighteenth century in American history. With a swift and persuasive narrative, Hoffer introduces readers to the respective life story of each man, examines in engaging detail the central themes of their early writings, and concludes with a description of the last years of their collaboration.

Franklin's and Whitefield's intellectual contributions reach into our own time, making Hoffer's readable and enjoyable account of these extraordinary men and their extraordinary friendship relevant today.

"Also in the" Witness to History "series"

"The Huron-Wendat Feast of the Dead: Indian-European Encounters in Early North America" by Erik R. Seeman

"King Philip's War: Colonial Expansion, Native Resistance, and the End of Indian Sovereignty" by Daniel R. Mandell

"The Caning of Charles Sumner: Honor, Idealism, and the Origins of the Civil War" by Williamjames Hull Hoffer

"Bloodshed at Little Bighorn: Sitting Bull, Custer, and the Destinies of Nations" by Tim Lehman

In Seward's Law, Peter Charles Hoffer argues that William H. Seward's legal practice in Auburn, New York, informed his theory of relational rights-a theory that demonstrated how the country could end slavery and establish a practical form of justice. This theory, Hoffer demonstrates, had ties to Seward's career as a country lawyer. Despite his rise to prominence, and indeed preeminence, as a US secretary of state, Seward's country-lawyer mentality endured throughout his life, as evinced in his personal attitudes and professional conduct. Relational rights, identified and termed here for the first time by Hoffer, are communal and reciprocal, what everyone owed to every other member of their community. Such rights are at the center of a jurisprudential outlook that arises directly from living in a village. Though Seward was limited by the Victorian mores and the racialist presumptions of his day, the concept of relational rights that animated him was the natural antithesis to the theories and practices of slavery. In the legal regime underpinning the institution, masters owed nothing to their bondmen and women, while those enslaved unconditionally owed life and labor to their masters. The irrepressible conflict was, for Seward, jurisprudential as well as moral and political. Hoffer's leading assumption in Seward's Law is that a lifetime spent as a lawyer influences how a person responds to everyday challenges. Seward remained a country lawyer at heart, and that fact defined the course of his political career.

Fake history is not a harmless mistake of fact or interpretation. It is a mistake that conceals prejudice; a mistake that discriminates against certain kinds of people; a mistake held despite a preponderance of evidence; a mistake that harms us. In the following pages, I liken fake history to the Zombies we see in mass media, for the fake fact, like the fictional Zombie, lives by turning real events and people into monstrous perversions of fact and interpretation. Its pervasiveness reveals that prejudice remains its chief appeal to those who believe it. Its effect is insidious, because we cannot or will not destroy these mischievous lies. Zombie history is almost impossible to kill. Some Zombie history was and is political. A genre of what Hannah Arendt called "organized lying" about the past. Its makers designed the Zombie to create a basis in the false past for particular discriminatory policies. Other history Zombies are cultural. They encapsulate and empower prejudice and stereotyping. Still other popular history Zombies do not look disfigured, but like Zombies walk among us without our realizing how devastating their impact can be. Whatever their purpose, whatever the venue in which they appear, history Zombies undermine the very foundations of disinterested study of the past.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case. As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term. The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case. As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term. The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers' revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams's idol James Otis, Jr., Pennsylvania's John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America's transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution. At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they'd abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty's provisions protecting loyalists'property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury,Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton's arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly-as does the role of the courts in bridging the young nation's divisions in the Revolution'swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams's formulation,"rule by law, and not by men."

In For Ourselves and Our Posterity: The Preamble to the Federal Constitution in American History, author Peter Charles Hoffer offers a sweeping, dramatic narration of a crucial moment in Early American history. Over the course of five days in September 1787, five men serving on an ad hoc "Committee of Style and Arrangement" edited the draft of the federal Constitution at the Constitutional Convention, profoundly recasting the wording of the Preamble. In so doing, the committee changed a federation into a Union and laid out an ambitious program for national governance many years ahead of its time. The Preamble and all that it came to represent was the unique achievement of a remarkable group of men at a momentous turning point in American history. Providing a clear exposition of constitutional issues, For Ourselves and Our Posterity features individual portraits of the leading framers at the heart of this dramatic event.

The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment "if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States." Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law.

Cooper's trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation's preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context.

Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress.. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson's and James Madison's Kentucky and Virginia Resolves. After a close reading of Cooper's allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper's attempt to subpoena President Adams and Federalist trial judge Samuel Chase's management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics-reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists.

Hoffer's book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.

Three and a half decades before the city of New York witnessed the first great battle waged by the new United States of America for its independence, rumors of a massive conspiracy among the city's slaves spread panic throughout the colony. On the testimony of frightened bondsmen and a handful of whites, over seventy slaves were convicted and a third of these were executed.

The suspected conspiracy in New York prompted one of the most extensive slave trials in colonial history and some of the most grisly punishments ever meted out to individuals. Peter Hoffer now retells the dramatic story of those landmark trials, setting the events in their legal and historical contexts and offering a revealing glimpse of slavery in colonial cities and of the way that the law defined and policed the institution.

Among other things, Hoffer reveals how conspiracy became a central feature of the law of slavery at the same time as it reflected the white belief that slaves were always conspiring against their masters. He draws on uniquely revealing firsthand accounts of the trials to both retell a gripping story and open a window on colonial American justice. He leads readers through a chain of events involving robbery and arson that culminated in the trials of a group of white men suspected of inciting the slaves to revolt.

The episode, so vital to our understanding of a time when slavery was an entrenched institution and the law made even the angry muttering of slaves into a criminal act, has much to tell us about current affairs as well. African slaves in colonial times were viewed by authorities and citizens much as some foreigners are today: inherently dangerous, easily identifiable, and constantly conspiring.

For more than a year, between January 1692 and May 1693, the men and women of Salem Village lived in heightened fear of witches and their master, the Devil. Hundreds were accused of practicing witchcraft. Many suspects languished in jail for months. Nineteen men and women were hanged; one was pressed to death. Neighbors turned against neighbors, children informed on their parents, and ministers denounced members of their congregations. Approaching the subject as a legal and social historian, Peter Charles Hoffer offers a fresh look at the Salem outbreak based on recent studies of panic rumors, teen hysteria, child abuse, and intrafamily relations. He brings to life a set of conversations - in taverns and courtrooms, at home and work - which took place among suspected witches, accusers, witnesses, and spectators. The accusations, denials, and confessions of this legal story eventually resurrect the tangled internal tensions that lay at the bottom of the Salem witch hunts. Hoffer demonstrates that Salem, far from being an isolated community in the wilderness, stood on the leading edge of a sprawling and energetic Atlantic empire. His story begins in the slave markets of West Africa and Barbados and then shifts to Massachusetts, where the English, Africans, and Native Americans lived under increasing pressures from overpopulation, disease, and cultural conflict. In Salem itself, traditional piety and social values appeared endangered as consumerism and secular learning gained ground. Guerrilla warfare between Indians and English settlers - and rumors that the Devil had taken a particular interest in New England - panicked common people and authorities. The stage was set, Hoffer concludes, for the witchcraft hysteria.

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

Beginning with the introduction of abortion law in the nineteenth century, this reader includes important documents from nearly two hundred years of debate over abortion. These legal briefs, oral arguments, court opinions, newspaper reports, opinion pieces, and contemporary essays are introduced with headnotes that place them in historical context. Chapters cover the birth control movement, changes in abortion law in the 1960s, Roe v. Wade, the Hyde Amendment and the Freedom of Access to Clinic Entrances Act, state and federal regulation of abortion practices, and the freedom of speech cases surrounding anti-abortion clinic protests. The first section of each chapter sets the stage and explains the choice of documents. This rich, balanced collection is an indispensable reference tool for the study of one of the most passionate debates in American history. It brings together the writings of doctors, lawyers, scientists, philosophers, elected officials, judges, and scholars as few other legal readers do, and it is essential reading for those engaged in the ongoing debate about abortion law in the United States.