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Webster, a staunch nationalist and firm protector of property rights, exerted a strong influence on the U.S. Supreme Court, as the Court began its historic function of interpreting the Constitution.
In this monumental new biography, Robert V. Remini gives us a full life of Webster from his birth, early schooling, and rapid rise as a lawyer and politician in New Hampshire to his equally successful career in Massachusetts where he moved in 1816. Remini treats both the man and his time as they tangle in issues such as westward expansion, growth of democracy, market revolution, slavery and abolitionism, the National Bank, and tariff issues. Webster's famous speeches are fully discussed as are his relations with the other two of the "great triumvirate", Henry Clay and John C. Calhoun. Throughout, Remini pays close attention to Webster's personal life - perhaps more than Webster would have liked - his relationships with family and friends, and his murky financial dealings with men of wealth and influence.
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
THE STORY: Jabez Stone, young farmer, has just been married, and the guests are dancing at his wedding. But Jabez carries a burden, for he knows that, having sold his soul to the Devil, he must, on the stroke of midnight, deliver it up to him. Shortly before twelve Mr. Scratch, lawyer, enters and the company is thunderstruck. Jabez bids his guests begone; he has made his bargain and will pay the price. His bride, however, stands by him, and so will Daniel Webster, who has come for the festivities. Webster takes the case. But Scratch is a lawyer himself and out-argues the statesman. Webster demands a jury of real Americans, living or dead. Very well, agrees the Devil, he shall have them, and ghosts appear. Webster thunders, but to no avail, and at last realizing Scratch can better him on technical grounds, he changes his tactics and appeals to the ghostly jury, men who have retained some love of country. Rising to the height of his powers, Webster performs the miracle of winning a verdict of Not Guilty.
Annotation Daniel Webster (1782-1852) embodied the golden age of oratory in America by mastering each of the major genres of public speaking of the time. Even today, many of his victories before the Supreme Court remain as precedents. Webster served in the House, the Senate, and twice as secretary of state. He was so famous as a political orator that his reply "Liberty and Union, now and forever, one and inseparable!" to Senator Robert Hayne in a debate in 1830 was memorized by schoolboys and was on the lips of Northern soldiers as they charged forward in the Civil War. There would have been no 1850 Compromise without Webster, and without the Compromise, the Civil War might well have come earlier to an unprepared North. Webster was also the consummate ceremonial speaker. He advanced Whig virtues and solidified support for the Union through civil religion, creating a transcendent symbol for the nation that became a metaphor for the working constitutional framework. While several biographies have been written about Webster, none has focused on his oratorical talent. This study examines Webster's incredible career from the perspective of his great speeches and how they created a civil religion that moved citizens beyond loyalty and civic virtue to true romantic patriotism. Craig R. Smith places Webster's speeches in their historical context and then uses the tools of rhetorical criticism to analyze them. He demonstrates that Webster understood not only how rhetorical genres function to meet the expectations of the moment but also how they could be braided to produce long-lasting and literate discourse
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.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals—some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.