Constitution and the Nation: The Civil War and American Constitutionalism, 1830-1890

Constitution and the Nation: The Civil War and American Constitutionalism, 1830-1890

by Christopher Waldrep, Lynne Curry
     
 

The Civil War shook America to the core of its constitutional foundations. Before the war, the Constitution protected slavery and kept power decentralized. During the Civil War, President Abraham Lincoln gathered enormous national power to combat what he called the «anarchy» of secession. After the war, the nation struggled to understand what had

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Overview

The Civil War shook America to the core of its constitutional foundations. Before the war, the Constitution protected slavery and kept power decentralized. During the Civil War, President Abraham Lincoln gathered enormous national power to combat what he called the «anarchy» of secession. After the war, the nation struggled to understand what had happened. Historians Christopher Waldrep and Lynne Curry have assembled a collection of constitutional documents to explore the meaning of the Civil War, the influence of constitutionalism on presidential war powers, and the U.S. Supreme Court’s fight to limit the war’s impact in post-Civil War America.

Product Details

ISBN-13:
9780820457314
Publisher:
Lang, Peter Publishing, Incorporated
Publication date:
09/28/2003
Series:
Teaching Texts in Law and Politics Ser.
Edition description:
New Edition
Pages:
269

Table of Contents

Introduction1
1Prologue: The Laissez-Faire Theory3
Social Statics (1850)5
Constitutional Limitations (1868)8
A Treatise of the Limitations of Police Power (1886)11
2Constitutionalism in the Laissez-Faire Era14
Munn v. Illinois (1876)16
An Act to Regulate Commerce (1887)18
Sherman Anti-Trust Act (1890)20
United States v. E. C. Knight (1895)21
In Re. Debs (1895)21
Pollock v. Farmers' Loan and Trust Company (1895)24
The Nature of the State (1896)28
Allgeyer v. Louisiana (1897)30
Holden v. Hardy (1898)33
Downes v. Bidwell (1901)36
Lochner v. New York (1905)45
3The Progressive Era50
"The Path of the Law: (1897)51
President Roosevelt's First Annual Message to Congress (1901)54
Northern Securities v. United States (1904)57
Jacobson v. Massachusetts (1905)59
Muller v. Oregon (1908)62
Standard Oil of New Jersey v. United States (1911)64
"The Progressiveness of the Unitd States Supreme Court" (1913)69
"The Living Law" (1916)71
Woodrow Wilson on Behalf of the Nineteenth Amendment (1918)75
Schenck v. United States (1919)77
"Freedom of Speech in War Time" (1919)80
Abrams v. United States (1919)82
Hammer v. Dagenhart (1919)86
Moore et al. v. Dempsey (1923)88
The First Equal Rights Amendment (1923)91
Adkins v. Children's Hospital (1923)91
Massachusetts v. Mellon (1923)95
Buck v. Bell (1927)96
Whitney v. California (1927)98
Near v. Minnesota (1931)103
4The New Deal107
National Industrial Recovery Act (1933)109
Nebbia v. New York (1934)110
Schechter v. United States (1935)114
United States v. Butler (1936)116
FDR's "Fireside Chat" (1937)120
West Coast Hotel Co. v. Parrish (1937)123
National Labor Relations Board v. Jones & Laughlin (1937)124
Anti-Lynching Bills (1930s)127
Chronology128
5World War II131
Minersville School District v. Gobitis (1940)132
Executive Order 9066 (1942)134
West Virginia State Board of Education et al. v. Barnette et al. (1943)136
Hirabayashi v. United States (1943)138
Korematsu v. United States (1944)140
Yakus v. United States (1944)144
Ex Parte Mitsuye Endo (1944)146
AppConstitution of the United States149
Glossary173
Index177

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