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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.
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.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
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.
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
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.
Most mid-nineteenth-century Americans regarded the United States as an exceptional democratic republic that stood apart from a world seemingly riddled with revolutionary turmoil and aristocratic consolidation. Viewing themselves as distinct from and even superior to other societies, Americans considered their nation an unprecedented experiment in political moderation and constitutional democracy. But as abolitionism in England, economic unrest in Europe, and upheaval in the Caribbean and Latin America began to influence domestic affairs, the foundational ideas of national identity also faced new questions. And with the outbreak of civil war, as two rival governments each claimed the mantle of civilized democracy, the United States' claim to unique standing in the community of nations dissolved into crisis. Could the Union chart a distinct course in human affairs when slaveholders, abolitionists, free people of color, and enslaved African Americans all possessed irreconcilable definitions of nationhood? In this sweeping history of political ideas, Andrew F. Lang reappraises the Civil War era as a crisis of American exceptionalism. Through this lens, Lang shows how the intellectual, political, and social ramifications of the war and its meaning rippled through the decades that followed, not only for the nation's own people but also in the ways the nation sought to redefine its place on the world stage.
A laboratory study that investigates how algorithms come into existence. Algorithms--often associated with the terms big data, machine learning, or artificial intelligence--underlie the technologies we use every day, and disputes over the consequences, actual or potential, of new algorithms arise regularly. In this book, Florian Jaton offers a new way to study computerized methods, providing an account of where algorithms come from and how they are constituted, investigating the practical activities by which algorithms are progressively assembled rather than what they may suggest or require once they are assembled.
Enormously powerful, intensely ambitious, the very personifications of their respective regions--Daniel Webster, Henry Clay, and John C. Calhoun represented the foremost statemen of their age. In the decades preceding the Civil War, they dominated American congressional politics as no other figures have. Now Merrill D. Peterson, one of our most gifted historians, brilliantly re-creates the lives and times of these great men in this monumental collective biography. Arriving on the national scene at the onset of the War of 1812 and departing political life during the ordeal of the Union in 1850-52, Webster, Clay, and Calhoun opened--and closed--a new era in American politics. In outlook and style, they represented startling contrasts: Webster, the Federalist and staunch New England defender of the Union; Clay, the "war hawk" and National Rebublican leader from the West; Calhoun, the youthful nationalist who became the foremost spokesman of the South and slavery. They came together in the Senate for the first time in 1832, united in their opposition of Andrew Jackson, and thus gave birth to the idea of the "Great Triumvirate." Entering the history books, this idea survived the test of time because these men divided so much of American politics between them for so long. Peterson brings to life the great events in which the Triumvirate figured so prominently, including the debates on Clay's American System, the Missouri Compromise, the Webster-Hayne debate, the Bank War, the Webster-Ashburton Treaty, the annexation of Texas, and the Compromise of 1850. At once a sweeping narrative and a penetrating study of non-presidential leadership, this book offers an indelible picture of this conservative era in which statesmen viewed the preservation of the legacy of free government inherited from the Founding Fathers as their principal mission. In fascinating detail, Peterson demonstrates how precisely Webster, Clay, and Calhoun exemplify three facets of this national mind.