Why am I passionate about this?
Reading about antislavery constitutionalism literally changed my life. Lysander Spooner’s 1845 book, The Unconstitutionality of Slavery, which I discovered in the 1990s, exposed me to a version of “originalism” that would really work. This was also a version of originalism that was not just for political conservatives. This led me from being primarily a contract law professor to a constitutional originalist who would argue in the Supreme Court, develop the theory of originalism, and work to achieve an originalist majority of Supreme Court justices. By reading these five books, you, too, can become an expert on antislavery constitutionalism and our forgotten constitutional past.
Randy's book list on slavery and the constitution
Why did Randy love this book?
This book opened my eyes to the effectiveness and consistency of the Republicans elected to Congress in 1860 in advancing their antislavery agenda, for example, by immediately abolishing slavery in the District of Columbia and requiring any new states to prohibit slavery in their Constitutions.
This book describes the earnestness with which these members of the Senate and House pursued their antislavery agenda over the vehement objections of the Democrats from states that had remained in the Union. At the same time, they were quite sensitive to the defects in the original Constitution that had permitted slavery within any of the original 13 states that had retained it. So, they amended the Constitution not once but three times to put an end to slavery and establish political equality in the United States.
3 authors picked Freedom National as one of their favorite books, and they share why you should read it.
Freedom National is a groundbreaking history of emancipation that joins the political initiatives of Lincoln and the Republicans in Congress with the courageous actions of Union soldiers and runaway slaves in the South. It shatters the widespread conviction that the Civil War was first and foremost a war to restore the Union and only gradually, when it became a military necessity, a war to end slavery. These two aims-"Liberty and Union, one and inseparable"-were intertwined in Republican policy from the very start of the war.
By summer 1861 the federal government invoked military authority to begin freeing slaves, immediately and…