The American Founding

John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.

This book provides a complete overview of the Founders' natural rights theory and its policy implications.

How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.

In this persuasive work of intellectual history, Lucas E. Morel argues that the most important influence on Abraham Lincoln’s political thought and practice was what he learned from the leading figures of and documents from the birth of the United States. In this systematic account of those principles, Morel compellingly demonstrates that to know Lincoln well is to understand thoroughly the founding of America. With each chapter describing a particular influence, Morel leads readers from the Founding Father, George Washington; to the founding documents, the Declaration of Independence and Constitution; to the founding compromise over slavery; and finally to a consideration of how the original intentions of the Founding Fathers should be respected in light of experience, progress, and improvements over time. Within these key discussions, Morel shows that without the ideals of the American Revolution, Lincoln’s most famous speeches would be unrecognizable, and the character of the nation would have lost its foundation on the universal principles of human equality, individual liberty, and government by the consent of the governed. Lincoln thought that the principles of human equality and individual rights could provide common ground for a diverse people to live as one nation and that some old things, such as the political ideals of the American founding, were worth preserving. He urged Americans to be vigilant in maintaining the institutions of self-government and to exercise and safeguard the benefits of freedom for future generations. Morel posits that adopting the way of thinking and speaking Lincoln advocated, based on the country’s founding, could help mend our current polarized discourse and direct the American people to employ their common government on behalf of a truly common good.

Renowned scholars examine the core precepts that guided the American Founding, looking at the Founders' intellectual groundings from philosophy of law to architecture.

An original interpretation of 'the people's two bodies' that illuminates the opposite attitudes toward compromise throughout the American founding.

Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University

Kostyal tells the story of the great American heroes who created the Declaration of Independence, fought the American Revolution, shaped the US Constitution--and changed the world. The era's dramatic events, from the riotous streets in Boston to the unlikely victory at Saratoga, are punctuated with lavishly illustrated biographies of the key founders--Alexander Hamilton, John Adams, Ben Franklin, Thomas Paine, Thomas Jefferson, George Washington, and James Madison--who shaped the very idea of America. An introduction and ten expertly-rendered National Geographic maps round out this ideal gift for history buff and student alike. Filled with beautiful illustrations, maps, and inspired accounts from the men and women who made America, Founding Fathers brings the birth of the new nation to light.