The American State Constitutional Tradition


Book Description

For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.




Indiana 1816-1850


Book Description

In Indiana 1816–1850: The Pioneer Era (vol. 2, History of Indiana Series), author Donald F. Carmony explores the political, economic, agricultural, and educational developments in the early years of the nineteenth state. Carmony's book also describes how and why Indiana developed as it did during its formative years and its role as a member of the United States. The book includes a bibliography, notes, and index.







Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876


Book Description

Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's gun-control debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.




Indiana Law Journal


Book Description

Includes section "Book reviews".




The Frontier Against Slavery


Book Description

Eugene H. Berwanger's study of anti-slavery sentiment in the antebellum West is as resoundingly important now, in a new paperback edition, as when first published in 1967. In The Frontier against Slavery, Berwanger attributes the social and political climates of the states and territories Ohio River Valley pioneers settled before 1860 to racial prejudice. Drawing from newspaper accounts, political speeches, correspondence, and legal documents, Berwanger reveals that the whites-only sentiments of the pioneers, rather than humanitarian concern for African Americans, limited the expansion of slavery. This whites-only prejudice shaped laws in the majority of western states and territories that excluded all African Americans, enslaved or free, from citizenship, evidencing the deep-rooted discrimination of political leaders and pioneers.










Free Soil, Free Labor, Free Men


Book Description

Since its publication twenty-five years ago, Free Soil, Free Labor, Free Men has been recognized as a classic, an indispensable contribution to our understanding of the causes of the American Civil War. A key work in establishing political ideology as a major concern of modern American historians, it remains the only full-scale evaluation of the ideas of the early Republican party. Now with a new introduction, Eric Foner puts his argument into the context of contemporary scholarship, reassessing the concept of free labor in the light of the last twenty-five years of writing on such issues as work, gender, economic change, and political thought. A significant reevaluation of the causes of the Civil War, Foner's study looks beyond the North's opposition to slavery and its emphasis upon preserving the Union to determine the broader grounds of its willingness to undertake a war against the South in 1861. Its search is for those social concepts the North accepted as vital to its way of life, finding these concepts most clearly expressed in the ideology of the growing Republican party in the decade before the war's start. Through a careful analysis of the attitudes of leading factions in the party's formation (northern Whigs, former Democrats, and political abolitionists) Foner is able to show what each contributed to Republican ideology. He also shows how northern ideas of human rights--in particular a man's right to work where and how he wanted, and to accumulate property in his own name--and the goals of American society were implicit in that ideology. This was the ideology that permeated the North in the period directly before the Civil War, led to the election of Abraham Lincoln, and led, almost immediately, to the Civil War itself. At the heart of the controversy over the extension of slavery, he argues, is the issue of whether the northern or southern form of society would take root in the West, whose development would determine the nation's destiny. In his new introductory essay, Foner presents a greatly altered view of the subject. Only entrepreneurs and farmers were actually "free men" in the sense used in the ideology of the period. Actually, by the time the Civil War was initiated, half the workers in the North were wage-earners, not independent workers. And this did not account for women and blacks, who had little freedom in choosing what work they did. He goes onto show that even after the Civil War these guarantees for "free soil, free labor, free men" did not really apply for most Americans, and especially not for blacks. Demonstrating the profoundly successful fusion of value and interest within Republican ideology prior to the Civil War, Free Soil, Free Labor, Free Men remains a classic of modern American historical writing. Eloquent and influential, it shows how this ideology provided the moral consensus which allowed the North, for the first time in history, to mobilize an entire society in modern warfare.