Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.
"Lucid and well-researched." --The New Yorker In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisions during the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. At the heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents. Matthew Warshauer is associate professor of history at Central Connecticut State University. He is the author of the forthcoming Andrew Jackson: First Men, America's Presidents. His articles have appeared in Tennessee Historical Quarterly, Connecticut History, Louisiana History, and New York History.
In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished. Exhaustively researched and compellingly presented, The Presidents and the Constitution shines new light on America’s brilliant constitutional and presidential history.
The untold story of how one sensational trial propelled a self-taught lawyer and a future president into the national spotlight. In May of 1856, the steamboat Effie Afton barreled into a pillar of the Rock Island Bridge, unalterably changing the course of American transportation history. Within a year, long-simmering tensions between powerful steamboat interests and burgeoning railroads exploded, and the nation’s attention, absorbed by the Dred Scott case, was riveted by a new civil trial. Dramatically reenacting the Effie Afton case—from its unlikely inception, complete with a young Abraham Lincoln’s soaring oratory, to the controversial finale—this “masterful” (Christian Science Monitor) account gives us the previously untold story of how one sensational trial propelled a self-taught lawyer and a future president into the national spotlight.
The Development of the Public Employment Relationship, Second Edition
Author: David H. Rosenbloom
Publisher: Georgetown University Press
Category: Political Science
Conceived during the turbulent period of the late 1960s when ‘rights talk’ was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal–historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present. Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees’ constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.
Kimberly Shankman has written the first full-length study of the political thought of early American statesman Henry Clay. In Compromise and the Constitution, Shankman seeks to understand Clay's approach to republican statesmanship by carefully considering the context in which he developed and articulated his programs and policy prescriptions. Because Clay was policy-oriented and very seldom addressed politics from a theoretical perspective, there has been a tendency to dismiss him as motivated primarily, if not exclusively, by expedience and ambition. Shankman demonstrates, however, that Clay's reticence about first principles was in fact an integral part of his conception of an appropriate republican politics: one based on prudence, interest, and compromise rather than on principle, passion, and adamancy. This book is crucial reading for scholars of American history, early American political thought, and the Constitution.
In this unusual and provocative volume, historians examine the presidencies of Jefferson, Jackson, Lincoln, Theodore Roosevelt, F. D. R., and Truman, while political scientists assess the contemporary presidency and suggest a range of reforms, from modest to radical, including fundamental alterations to the balance of power between the presidency and the Congress.
The United States president preserves, protects, and defends the U.S. Constitution. Each president's term influences events in America and around the world for years to come. This biography introduces young readers to the life of Andrew Jackson, beginning with his childhood in the Waxhaw settlement in South Carolina. Information about Jackson's early career as a lawyer is discussed. In addition, his family and personal life, as well as his retirement years at the Hermitage, is highlighted. Easy-to-read text details Jackson's military service in the American Revolution, during which he was a British prisoner, in the War of 1812, during which "Old Hickory" won the Battle of New Orleans, and in the First Seminole War, as well as his political career as a participant in the convention to write the Tennessee state constitution, the first Tennessee congressman in the U.S. House of Representatives, a member of the U.S. Senate, a Tennessee Supreme Court judge, and military governor of Florida. Finally, students will explore key events from Democratic president Jackson's administration, including the Indian Removal Act, the Ordinance of Nullification, his opposition to the Bank of the United States, and his censure by the U.S. Senate. Beautiful graphics showcase the primary source documents and photographs. A timeline, fast facts, and sidebars help put essential information at students' fingertips. In addition, a quick-reference chart provides easy access to facts about every U.S. president. Checkerboard Library is an imprint of ABDO Publishing Company.
Constitutional Unionism and Sectional Compromise, 1787-1861
Author: Peter B. Knupfer
Publisher: Univ of North Carolina Press
The first scholar to trace the meaning and importance of the idea of political compromise from the founding of the Republic to the onset of the Civil War, Knupfer shows how recurring justifications of sectional compromise reflected common ideas about the way governments were supposed to work. Originally published in 1991. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.