The Constitutional Origins of the American Civil War


Book Description

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.




The Confederate and Neo-Confederate Reader


Book Description

Most Americans hold basic misconceptions about the Confederacy, the Civil War, and the actions of subsequent neo-Confederates. For example, two thirds of Americans—including most history teachers—think the Confederate States seceded for “states' rights.” This error persists because most have never read the key documents about the Confederacy. These documents have always been there. When South Carolina seceded, it published “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union.” The document actually opposes states' rights. Its authors argue that Northern states were ignoring the rights of slave owners as identified by Congress and in the Constitution. Similarly, Mississippi's “Declaration of the Immediate Causes. . .” says, “Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world.” Later documents in this collection show how neo-Confederates obfuscated this truth, starting around 1890. The evidence also points to the centrality of race in neo-Confederate thought even today and to the continuing importance of neo-Confederate ideas in American political life. The 150th anniversary of secession and civil war provides a moment for all Americans to read these documents, properly set in context by award-winning sociologist and historian James W. Loewen and coeditor, Edward H. Sebesta, to put in perspective the mythology of the Old South.




Encyclopedia of American History


Book Description

This study assesses the extent to which African decolonization resulted from deliberate imperial policy, from the pressures of African nationalism, or from an international situation transformed by superpower rivalries. It analyzes what powers were transferred and to whom they were given.Pan-Africanism is seen not only in its own right but as indicating the transformation of expectations when the new rulers, who had endorsed its geopolitical logic before taking power, settled into the routines of government.




Lincoln and Citizens' Rights in Civil War Missouri


Book Description

During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.




The Second Founding: How the Civil War and Reconstruction Remade the Constitution


Book Description

“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.




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




Secession on Trial


Book Description

This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.




What Caused the Civil War?: Reflections on the South and Southern History


Book Description

“An extremely good writer, [Ayers] is well worth reading . . . on the South and Southern history.”—Stephen Sears, Boston Globe The Southern past has proven to be fertile ground for great works of history. Peculiarities of tragic proportions—a system of slavery flourishing in a land of freedom, secession and Civil War tearing at a federal Union, deep poverty persisting in a nation of fast-paced development—have fed the imaginations of some of our most accomplished historians. Foremost in their ranks today is Edward L. Ayers, author of the award-winning and ongoing study of the Civil War in the heart of America, the Valley of the Shadow Project. In wide-ranging essays on the Civil War, the New South, and the twentieth-century South, Ayers turns over the rich soil of Southern life to explore the sources of the nation's and his own history. The title essay, original here, distills his vast research and offers a fresh perspective on the nation's central historical event.




Act of Justice


Book Description

In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.




Our Secret Constitution


Book Description

Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post