Author: Gerard N. Magliocca
Publisher: University Press of Kansas
ISBN: 0700617868
Category : Political Science
Languages : en
Pages : 200
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Book Description
What happens when the political ideas and constitutional interpretations of one generation are replaced by those of another? This process has occurred throughout American history down to the present day as "we the people" change our minds about how we govern ourselves. Depicting a monumental clash of generations, Gerard Magliocca reminds us once again how our Constitution remains a living document. Magliocca reinterprets the legal landmarks of the Jacksonian era to demonstrate how the meaning of the Constitution evolves in a cyclical and predictable fashion. He highlights the ideological battles fought by Jacksonian Democrats against Federalists and Republicans over states' rights, presidential authority, the scope of federal power, and other issues. By doing so he shows how presidential politics, Supreme Court decisions, and congressional maneuverings interweave, creating a recurrent pattern of constitutional change. Magliocca builds on the view that major changes in American political and constitutional development occur generationally-in roughly thirty-year intervals-and move from dominant regime to the emergence of a counter-regime. Focusing on a period largely neglected in studies of such change, he offers a lucid introduction to the political and legal history of the antebellum era while tracing Jackson's remarkable consolidation of power in the executive branch. The Jacksonian movement grew out of discontent over the growth of federal power and the protection given Native Americans at the expense of frontier whites, and Magliocca considers such issues to support his argument. He examines Jackson's defeat of the Bank of the United States, shows how his clash with the Marshall Court over the Cherokee "problem" in Worcester v. Georgia sparked the revival of abolitionist culture and foreshadowed the Fourteenth Amendment, and also offers a new look at Dred Scott, M'Culloch v. Maryland, judicial review, and presidential vetoes. His analysis shows how the interaction of reformers and conservatives drives change and how rough-and-tumble politics shapes our Republic more than the creativity of judicial decisions. Offering intriguing parallels between Jackson and George W. Bush regarding the scope of executive power, Magliocca has produced a rich synthesis of history, political science, and law that revives our understanding of an entire era and its controversies, while providing a model of constitutional law applicable to any period.
Author: Edward Countryman
Publisher: Bedford/st Martins
ISBN: 9780312552756
Category : History
Languages : en
Pages :
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Author: Robert V. Remini
Publisher: JHU Press
ISBN: 1421413302
Category : Biography & Autobiography
Languages : en
Pages : 672
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Book Description
Volume Three covers Jackson's reelection to the presidency and the weighty issues with which he was faced: the nullification crisis, the tragic removal of the Indians beyond the Mississippi River, the mounting violence throughout the country over slavery, and the tortuous efforts to win the annexation of Texas.
Author: Harry L. Watson
Publisher: Palgrave Macmillan
ISBN: 9780312177720
Category : Biography & Autobiography
Languages : en
Pages : 283
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Book Description
This dual biography with documents is the first book to explore the political conflict between Andrew Jackson and Henry Clay - two explosive personalities whose contrasting visions of America's future shaped a generation of power struggle in the early Republic. ln a clear, even narrative that outlines the economic, social, technological, and political dynamics of the early nineteenth century, Watson examines how Jackson and Clay came to personify the opposition between democracy and development. Following the biographies are twenty-five primary documents - including speeches from the Senate floor, letters to the new president, and Jackson's famous bank veto - that parallel the narrative's organization and immerse students in the debates of the day. Also included are headnotes to the documents, two maps, portraits of both figures, a chronology, a selected bibliography, and an index.
Author: Edward Countryman
Publisher: Palgrave Macmillan
ISBN: 9780312218218
Category : History
Languages : en
Pages : 187
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Book Description
When the Framers met in Philadelphia during the summer of 1787 they created a document that described the fledging country of colonists as one single, sovereign American people. This declaration--an act of faith even--affected different kinds of Americans in different ways. This volume explores how the "American People" shaped, responded, and debated the document and why historians have difficulties in deciding upon any single meaning that the founding generation of Americans might have held. The Constitution was the product of great skill and artistry; the document's success in forging a government based on the consent of the American People compels us to look at the political discourse of the day so that we may better understand the Constitution's inception, its wording, and its legacy.
Author: H. W. Brands
Publisher: Anchor
ISBN: 0385542542
Category : History
Languages : en
Pages : 432
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Book Description
From New York Times bestselling historian H. W. Brands comes the riveting story of how, in nineteenth-century America, a new set of political giants battled to complete the unfinished work of the Founding Fathers and decide the future of our democracy In the early 1800s, three young men strode onto the national stage, elected to Congress at a moment when the Founding Fathers were beginning to retire to their farms. Daniel Webster of Massachusetts, a champion orator known for his eloquence, spoke for the North and its business class. Henry Clay of Kentucky, as dashing as he was ambitious, embodied the hopes of the rising West. South Carolina's John Calhoun, with piercing eyes and an even more piercing intellect, defended the South and slavery. Together these heirs of Washington, Jefferson and Adams took the country to war, battled one another for the presidency and set themselves the task of finishing the work the Founders had left undone. Their rise was marked by dramatic duels, fierce debates, scandal and political betrayal. Yet each in his own way sought to remedy the two glaring flaws in the Constitution: its refusal to specify where authority ultimately rested, with the states or the nation, and its unwillingness to address the essential incompatibility of republicanism and slavery. They wrestled with these issues for four decades, arguing bitterly and hammering out political compromises that held the Union together, but only just. Then, in 1850, when California moved to join the Union as a free state, "the immortal trio" had one last chance to save the country from the real risk of civil war. But, by that point, they had never been further apart. Thrillingly and authoritatively, H. W. Brands narrates an epic American rivalry and the little-known drama of the dangerous early years of our democracy.
Author: Edward Countryman
Publisher: Bedford/st Martins
ISBN: 9780312250409
Category : History
Languages : en
Pages : 169
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Author: Maurice Glen Baxter
Publisher: University Press of Kentucky
ISBN: 9780813129105
Category : Biography & Autobiography
Languages : en
Pages : 164
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Though he was best known as a politician, Henry Clay (1777-1852) maintained an active legal practice for more than fifty years. He was a leading contributor both to the early development of the U.S. legal system and to the interaction between law and politics in pre-Civil War America. During the years of Clay's practice, modern American law was taking shape, building on the English experience but working out the new rules and precedents that a changing and growing society required. Clay specialized in property law, a natural choice at a time of entangled land claims, ill-defined boundaries, and inadequate state and federal procedures. He argued many precedent-setting cases, some of them before the U.S. Supreme Court. Maurice Baxter contends that Clay's extensive legal work in this area greatly influenced his political stances on various land policy issues. During Clay's lifetime, property law also included questions pertaining to slavery. With Daniel Webster, he handled a very significant constitutional case concerning the interstate slave trade. Baxter provides an overview of the federal and state court systems of Clay's time. After addressing Clay's early legal career, he focuses on Clay's interest in banking issues, land-related economic matters, and the slave trade. The portrait of Clay that emerges from this inquiry shows a skilled lawyer who was deeply involved with the central legal and economic issues of his day.
Author: Alexis de Tocqueville
Publisher: Library of Alexandria
ISBN: 1613105002
Category : Political Science
Languages : en
Pages : 1320
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Book Description
Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed. I speedily perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the Government; it creates opinions, engenders sentiments, suggests the ordinary practices of life, and modifies whatever it does not produce. The more I advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated. I then turned my thoughts to our own hemisphere, where I imagined that I discerned something analogous to the spectacle which the New World presented to me. I observed that the equality of conditions is daily progressing towards those extreme limits which it seems to have reached in the United States, and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. I hence conceived the idea of the book which is now before the reader. It is evident to all alike that a great democratic revolution is going on amongst us; but there are two opinions as to its nature and consequences. To some it appears to be a novel accident, which as such may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency which is to be found in history. Let us recollect the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man, and landed property was the sole source of power. Soon, however, the political power of the clergy was founded, and began to exert itself: the clergy opened its ranks to all classes, to the poor and the rich, the villein and the lord; equality penetrated into the Government through the Church, and the being who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not infrequently above the heads of kings. The different relations of men became more complicated and more numerous as society gradually became more stable and more civilized. Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons in their ermine and their mail. Whilst the kings were ruining themselves by their great enterprises, and the nobles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in State affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised. Gradually the spread of mental acquirements, and the increasing taste for literature and art, opened chances of success to talent; science became a means of government, intelligence led to social power, and the man of letters took a part in the affairs of the State. The value attached to the privileges of birth decreased in the exact proportion in which new paths were struck out to advancement. In the eleventh century nobility was beyond all price; in the thirteenth it might be purchased; it was conferred for the first time in 1270; and equality was thus introduced into the Government by the aristocracy itself.
Author: John C. Calhoun
Publisher: Createspace Independent Publishing Platform
ISBN: 9781540422743
Category :
Languages : en
Pages : 120
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Book Description
John C. Calhoun was an American political theorist who served as the seventh Vice President of the United States under Andrew Jackson. Calhoun is also remembered for advancing the idea of minority rights in politics and he believed in limited government. Calhoun wrote A Discourse on the Constitution and Government of the United States to emphasize his concern of an oppressive government. Calhoun believed a government could have the tendency to abuse its power.
