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This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.
Long before the Civil War, Abraham Lincoln recognized the challenge American slavery posed to the ideals of the Declaration of Independence. A constitutional amendment would be the ideal solution to ending slavery, yet the idea of such an amendment conflicted with several of Lincoln’s long-held positions. In this study, Christian G. Samito examines how Lincoln’s opposition to amending the United States Constitution shaped his political views before he became president, and how constitutional arguments overcame Lincoln’s objections, turning him into a supporter of the Thirteenth Amendment by 1864. For most of his political career, Samito shows, Lincoln opposed changing the Constitution, even to overturn Supreme Court rulings with which he disagreed. Well into his presidency, he argued that emancipation should take place only on the state level because the federal government had no jurisdiction to control slavery in the states. Between January 1863 and mid-1864, however, Lincoln came to support a constitutional amendment to abolish slavery because it worked within the constitutional structure and preserved key components of American constitutionalism in the face of Radical Republican schemes. Samito relates how Lincoln made the amendment an issue in his 1864 reelection campaign, chronicles lobbying efforts and the final vote in the House on the amendment resolution, and interrogates various charges of corruption and back-room deals. He also considers the Thirteenth Amendment in the context of the Hampton Roads conference, Lincoln’s own thoughts on the meaning of the amendment, and the impact of Lincoln’s assassination on the reading of the amendment. Samito provides the authoritative historical treatment of a story so compelling it was recently dramatized in the movie Lincoln. Closing with a lively discussion that applies the Thirteenth Amendment to current events, this concise yet comprehensive volume demonstrates how the constitutional change Lincoln helped bring about continues to be relevant today.
The power of words has rarely been given a more compelling demonstration than in the Gettysburg Address. Lincoln was asked to memorialize the gruesome battle. Instead, he gave the whole nation "a new birth of freedom" in the space of a mere 272 words. His entire life and previous training, and his deep political experience went into this, his revolutionary masterpiece. By examining both the address and Lincoln in their historical moment and cultural frame, Wills breathes new life into words we thought we knew, and reveals much about a president so mythologized but often misunderstood. Wills shows how Lincoln came to change the world and to effect an intellectual revolution, how his words had to and did complete the work of the guns, and how Lincoln wove a spell that has not yet been broken.
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This definitive analysis of the Lincoln-Douglas debates is “one of the most influential works of American history and political philosophy ever published (National Review). In Crisis of the House Divided, noted conservative scholar and historian Harry V. Jaffa illuminates the political principles that guided Abraham Lincoln from his reentry into politics in 1854 through his Senate campaign against Stephen Douglas in 1858. Through critical analysis of the Lincoln-Douglas debates, Jaffa demonstrates that Lincoln’s political career was grounded in his commitment to constitutionalism, the rule of law, and abolition. A landmark work of American history, it “has shaped the thought of a generation of Abraham Lincoln and Civil War scholars." To mark the fiftieth anniversary of the original publication, Jaffa has provided a new introduction (Civil War History). "A searching and provocative analysis of the issues confronted and the ideas expounded in the great debates…A book which displays such learning and insight that it cannot fail to excite the admiration even of scholars who disagree with its major arguments and conclusions."—D. E. Fehrenbacher, American Historical Review
In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.