The Constitutional Origins Of The American Civil War

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

From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.

The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.

The American Civil War (1861-65) was the bloodiest war of the nineteenth century and its impact continues to be felt today. It, and its origins have been studied more intensively than any other period in American history, yet it remains profoundly controversial. Brian Holden Reid's formidable volume is a major contribution to this ongoing historical debate. Based on a wealth of primary research, it examines every aspect of the origins of the conflict and addresses key questions such as was it an avoidable tragedy, or a necessary catharsis for a divided nation? How far was slavery the central issue? Why should the conflict have errupted into violence and why did it not escalate into world war?

“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.

More than 140 years ago, Mark Twain observed that the Civil War had "uprooted institutions that were centuries old, changed the politics of a people, transformed the social life of half the country, and wrought so profoundly upon the entire national character that the influence cannot be measured short of two or three generations." In fact, five generations have passed, and Americans are still trying to measure the influence of the immense fratricidal conflict that nearly tore the nation apart. In The War that Forged a Nation, Pulitzer Prize-winning historian James M. McPherson considers why the Civil War remains so deeply embedded in our national psyche and identity. The drama and tragedy of the war, from its scope and size--an estimated death toll of 750,000, far more than the rest of the country's wars combined--to the nearly mythical individuals involved--Abraham Lincoln, Robert E. Lee, Stonewall Jackson--help explain why the Civil War remains a topic of interest. But the legacy of the war extends far beyond historical interest or scholarly attention. Here, McPherson draws upon his work over the past fifty years to illuminate the war's continuing resonance across many dimensions of American life. Touching upon themes that include the war's causes and consequences; the naval war; slavery and its abolition; and Lincoln as commander in chief, McPherson ultimately proves the impossibility of understanding the issues of our own time unless we first understand their roots in the era of the Civil War. From racial inequality and conflict between the North and South to questions of state sovereignty or the role of government in social change--these issues, McPherson shows, are as salient and controversial today as they were in the 1860s. Thoughtful, provocative, and authoritative, The War that Forged a Nation looks anew at the reasons America's civil war has remained a subject of intense interest for the past century and a half, and affirms the enduring relevance of the conflict for America today.

With a fresh interpretation of African American resistance to kidnapping and pre-Civil War political culture, Blind No More sheds new light on the coming of the Civil War by focusing on a neglected truism: the antebellum free states experienced a dramatic ideological shift that questioned the value of the Union. Jonathan Daniel Wells explores the cause of disunion as the persistent determination on the part of enslaved people that they would flee bondage no matter the risks. By protesting against kidnappings and fugitive slave renditions, they brought slavery to the doorstep of the free states, forcing those states to recognize the meaning of freedom and the meaning of states' rights in the face of a federal government equally determined to keep standing its divided house. Through these actions, African Americans helped northerners and westerners question whether the constitutional compact was still worth upholding, a reevaluation of the republican experiment that would ultimately lead not just to Civil War but to the Thirteenth Amendment, ending slavery. Wells contends that the real story of American freedom lay not with the Confederate rebels nor even with the Union army but instead rests with the tens of thousands of self-emancipated men and women who demonstrated to the Founders, and to succeeding generations of Americans, the value of liberty.

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