Slavery, Abortion, and the Politics of Constitutional Meaning


Book Description

Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development.




Extremism Triumphant


Book Description

Generations of Americans have witnessed the political disputes over slavery and abortion, the two most contentious issues in the nation's history. This book surveys the origins and course of this unfortunate strife, arguing that leaders on both sides of the two issues have embraced political expediency or an illogical view of the Constitution, rather than viable solutions. Focusing on key events and a diverse range of individuals, Extremism Triumphant offers fresh perspectives while lamenting missed opportunities and bitter debate. Making extensive use of Congressional debates and Supreme Court opinions, the narrative takes us on a journey from before the nation's founding to the early part of the 21st Century. Critical of each pole of the slavery impasse that brought civil war, the book shows how the nation made numerous errors as it tried to tackle the equally passionate feud over reproductive freedom. Unsurprisingly, both camps of the modern abortion debate receive criticism. With a willingness to question conventional wisdom dear to conservatives and liberals, Extremism Triumphant challenges each side to ponder its own claim to the moral high ground.




Neglected Stories


Book Description

In a powerful challenge to the belief that the Constitution has nothing to do with the individual freedoms that comprise family rights, Peggy Cooper Davis argues in Neglected Stories that the constitutional amendments after the Civil War reflect a profound appreciation of the political, social, and personal worth of family autonomy. She draws upon what she calls the "motivating stories" of the Fourteenth Amendment to show that the Reconstruction legislators who sponsored it understood family rights as aspects of liberty that were fundamental to the proper definition of freedom and citizenship. This new understanding of family rights developed as men and women - black and white, Southerners and Northerners - came to appreciate the enormity of slavery's denial, even destruction, of family life. Davis also explores the "doctrinal stories" the Supreme Court has told to justify or strike down restrictions on liberty with respect to work, marriage, procreation, parenting, and sexuality and family planning - and the stories of the litigants who wanted to live, work, marry, love, and parent as they chose. These "neglected stories" are woven together in a strong new constitutional argument that gives us at long last a framework in which we can have sensible social and political debate about just what we mean when we say "family values."




Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide


Book Description

The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.




The Broken Constitution


Book Description

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations




C. S. Lewis on Politics and the Natural Law


Book Description

Conventional wisdom holds that C. S. Lewis was uninterested in politics and public affairs. The conventional wisdom is wrong. As Justin Buckley Dyer and Micah J. Watson show in this groundbreaking work, Lewis was deeply interested in the fundamental truths and falsehoods about human nature and how these conceptions manifest themselves in the contested and turbulent public square. Ranging from the depths of Lewis' philosophical treatments of epistemology and moral pedagogy to practical considerations of morals legislation and responsible citizenship, this book explores the contours of Lewis' multi-faceted Christian engagement with political philosophy generally and the natural-law tradition in particular. Drawing from the full range of Lewis' corpus and situating his thought in relationship to both ancient and modern seminal thinkers, C. S. Lewis on Politics and the Natural Law offers an unprecedented look at politics and political thought from the perspective of one of the twentieth century's most influential writers.




Passing on the Right


Book Description

Liberals represent a large majority of American faculty, especially in the social sciences and humanities. Does minority status affect the work of conservative scholars or the academy as a whole? In Passing on the Right, Dunn and Shields explore the actual experiences of conservative academics, examining how they navigate their sometimes hostile professional worlds. Offering a nuanced picture of this political minority, this book will engage academics and general readers on both sides of the political spectrum.




The Constitution


Book Description

"In The Constitution, constitutional scholar Michael Stokes Paulsen and his son Luke provide a clear, accessible introduction to the history and meaning of this historic document. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its history and interpretations, introducing readers to the characters and controversies that have shaped this founding instrument in the 200-plus years since its creation. In order to properly judge contemporary readings of the Constitution, Paulsen and Paulsen argue, it is first necessary to understand the origins--and original meaning--of the document's articles and amendments. The Constitution itself has evolved into a more perfect document since its inception, they show, through the addition of amendments abolishing slavery, establishing civil rights, and broadening the right to vote. Yet the officials charged with interpreting the Constitution have often stretched its meaning far beyond its intended boundaries, substituting their own judgments for those of the Constitution's framers and reformers. In order to stay true to this essential American document, the authors argue, it is imperative that we, the people, know the meaning and history of each of the Constitution's components and allow ourselves to be guided by the intentions of its authors--not the opinions and whims of the judges charged with interpreting it. A lucid history of and guide to this foundational American document, The Constitution provides readers with the tools to think critically and independently about constitutional issues--a skill that is ever more essential to the continued flourishing of American democracy"--




Original Meanings


Book Description

From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.




The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution


Book Description

Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.