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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.
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
At the close of the Civil War, Americans found themselves drawn into a new conflict, one in which the basic shape of the nation's government had to be rethought and new rules for the democratic game had to be established. In this superb new study, David Quigley argues that New York City's politics and politicians lay at the heart of Reconstruction's intense, conflicted drama. In ways that we understand all too well today, New York history became national history. The establishment of a postwar interracial democracy required the tearing down and rebuilding of many basic tenets of American government, yet, as Quigley shows in dramatic detail, the white supremacist traditions of the nation's leading city militated against a genuine revision of America's racial order, for New York politicians placed limits on the possibilities of true Reconstruction at every turn. Still, change did occur and a new America did take shape. Ironically, it was in New York City that new languages and practices for public life were developing which left an indelible mark on progressive national politics. Quigley's signal accomplishment is to show that the innovative work of New York's black activists, Tammany Democrats, bourgeois reformers, suffragettes, liberal publicists, and trade unionists resulted in a radical redefinition of reform in urban America.
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.
The author is presenting a broadly structured study about the first fifty years of European integration, its geopolitical context and academic reflection. His study is based on the two-fold thesis that since a few years, the European Union is going through a process of its Second Founding while simultaneously changing its rationale.
The first edition of Alan Gibson's Understanding the Founding is widely regarded as an invaluable guide to the last century's key debates surrounding America's founding. This new edition retains all of the strengths of the original while adding a substantial new section addressing a major but previously unaddressed issue and also significantly revising Gibson's invaluable conclusion and bibliography. In the original edition, which was built upon his previous work in Interpreting the Founding, Gibson addressed four key questions: Were the Framers motivated by their economic interests? How democratic was the Framers' Constitution? Should we interpret the Founding using philosophical or strictly historical approaches? What traditions of political thought were most important to the Framers? He focused especially on the preconceptions that scholars brought to these questions, explored the deepest sources of scholars' disagreements over them, and suggested new and thoughtful lines of interpretation and inquiry. His incisive analysis brought clarity to the complex and sprawling debates and shed new light on the institutional and intellectual foundations of the American political system. Gibson has now added a path-breaking new chapter entitled "How Could They Have Done That? Founding Scholarship and the Question of Moral Responsibility," which reprises and critiques on of the most important and vexing contemporary debates on the American founding. The new chapter focuses on how the men who fought a revolution in the name of liberty and declared to the world that "all men are created equal" could have supported the institution of slavery and even owned slaves themselves, accepted the legal and social subordination of women, and been responsible for Indian removal and genocide against Native Americans. Efforts to criticize or defend the Founders on these issues now constitute a daunting body of scholarship addressing what David Brion Davis has called the "dilemmas of slaveholding revolutionaries." Gibson's astute and fair-minded analysis of this scholarship offers keen insights into how we might move toward more mature and responsible evaluations of the Founders.
Higher education has changed significantly over the past 50 years, and the individuals who provide leadership for these institutions has similarly changed. The pathway to the college presidency, once the domain of academic administration, has diversified as an increasing number of development officers, student affairs and enrollment management professionals, and even politicians have become common in the role. It is important to understand who the presidents are in the current environment and the challenges they face. Challenges such as dealing with the COVID-19 pandemic, enrollment shortfalls, Title IX, and athletic scandals have risen to the forefront and have contributed to the issues and role of college and university leadership. The Handbook of Research on the Changing Role of College and University Leadership provides important research on the topic of college and university leadership, especially focusing on the changing role of the college president. The chapters discuss college leadership as it is now and how it will evolve into the future. Topics included are the role of the president at various types of universities, their involvement within university functions and activities, and the duties they must carry out and challenges they face. This book is ideal for professionals and researchers working in higher education, including faculty members who specialize in education, public administration, the social sciences, and management, along with teachers, administrators, teacher educators, practitioners, researchers, academicians, and students who are interested in college and university leadership and how this role is transforming.
From the "preeminent historian of Reconstruction" (New York Times Book Review), a newly updated edition of the prize-winning classic work on the post-Civil War period which shaped modern America, with a new introduction from the author. Eric Foner's "masterful treatment of one of the most complex periods of American history" (New Republic) redefined how the post-Civil War period was viewed. Reconstruction chronicles the way in which Americans—black and white—responded to the unprecedented changes unleashed by the war and the end of slavery. It addresses the ways in which the emancipated slaves' quest for economic autonomy and equal citizenship shaped the political agenda of Reconstruction; the remodeling of Southern society and the place of planters, merchants, and small farmers within it; the evolution of racial attitudes and patterns of race relations; and the emergence of a national state possessing vastly expanded authority and committed, for a time, to the principle of equal rights for all Americans. This "smart book of enormous strengths" (Boston Globe) remains the standard work on the wrenching post-Civil War period—an era whose legacy still reverberates in the United States today.
Originally published : A worthy company. Marlborough, N.H. : Plymouth Rock Foundation, 1982.