100 books like The Sources of Anti-Slavery Constitutionalism in America, 1760-1848

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. 

In his book, Princeton historian Saul Wilentz completely alters our view of the American Founding. He tells the gripping story of how the antislavery forces at the Philadelphia convention, including crucially the Virginians, resisted the effort by some delegates from the Deep South to include an affirmative endorsement of human chattel slavery—the concept of property in man—in the text of the Constitution.

Such language would have contradicted the principles they’d adopted in the Declaration of Independence. Their success would later provide “constitutional abolitionists” like Salmon Chase and Frederick Douglass with crucial ammunition to advance their antislavery political program. 

Sewell’s book is the key to understanding how the ideas discussed in Wilentz’s and Wiecek’s books got translated into political action. In particular, he describes the establishment of the antislavery Liberty Party, which begat the less extreme Free Soil party that opposed any expansion of slavery into the territories from which new states would be formed, culminating in the antislavery Republican Party.

It was the 1860 political platform of the Republican party that led Southern states to secede from the Union even before its candidate Abraham Lincoln and its majorities in Congress could take office and enact its antislavery programs within the constraints of the U.S. Constitution.

The one political figure who tied all these developments together was Salmon P. Chase. The more I learned about Chase in my own research, the more of a personal hero of mine he became. And yet, he has been completely forgotten. With Stahr’s book, Chase finally has the biography he deserves.

Chase began his career representing fugitive slaves in court, earning him the nickname “The Attorney General of Fugitive Slaves.” When his legal challenges were rebuffed, he helped found and wrote the political platforms of the Liberty, Free Soil, and Republican parties. As a Free Soiler he became a U.S. Senator from Ohio, as a Republican, he became the governor of Ohio, Lincoln’s the Secretary of the Treasury, and Chief Justice of the United States.

His personal story weaves together all the elements described in the previous books.

Charles Beard’s Economic Interpretation of the Constitution of the United States is a passionate, and passionately polemical, work of history devoted to the circumstances in which the young American republic, founded in 1776, was overthrown a decade later by a new, federal system of government. 

The driving force for this counter-revolution, according to Beard, himself an important figure in early twentieth-century progressive politics, was the anxious attempt of “our most considerate and virtuous citizens,” in the words of founding father James Madison, to protect their property – and, most crucially, their control over the money supply – from populist insurgents determined to democratize control over, both, the polity and the economy.

This book offers a blueprint for how to resist the intrusions of modern marketing. Cole, legal director of the ACLU and a former law professor, examines the successes of three modern movements for constitutional change. He adroitly traces the strategic choices made on the road to marriage equality, human rights in the war on terror, and a more capacious vision of the right to bear arms. Though dissimilar in their particular goals, these three social movements succeeded in producing sweeping changes in the law. Cole’s careful account is not only fascinating in its own right, but offers lessons for those who want to push back against the current landscape of ubiquitous advertising and commercial surveillance. 

I loved the bravery of the author in tackling a controversial question.

This book deals with the US Supreme Court’s “parental rights doctrine.” Through a complete overview of jurisprudence from the earliest days of the country’s existence, Shulman challenges the commonly-held modern idea that parental rights have long held an exalted position in American jurisprudence. He demonstrates that, on the contrary, the American state originally entrusted parents with custody of the child for the purpose of meeting the child's needs and that the notion of the custody of one’s child as an entitlement is a relatively modern one.

I think this is a message that is vital to be brought out into the public sphere, and I am happy that the author was willing to devote an entire book to it.

Legal scholars have offered a lot of insights into how democracies fall apart, but one of the more interesting books from constitutional scholars is How to Save a Constitutional Democracy. Using a case study of the US to illustrate, this book demonstrates how important constitutional design is in preventing democratic backsliding, as the book explains how would-be autocrats can take advantage of constitutions to flex their own power. And though the US constitution has often been heralded as a model document for new democracies to follow, somewhat surprisingly, it’s not ideal for maintaining a democracy; it actually suffers from two sins of being overly rigid on the one hand, and too vague in shaping the parameters of executive power on the other. This book is both a guide and a cautionary tale.

You have to ask how is it that Argentina has produced so many world-class authors, artists, and intellectuals? Roberto Gargarella is one such, and he has succeeded in turning the apparently dry topic of constitutionalism into the key to explaining the central paradoxes of Latin American democratic development. Before this book, constitutionalism was often dismissed as irrelevant to an understanding of Latin American democracy – very different to that of the United States – but Gargarella comes to the analytical rescue of the constitution and makes it central to his perceptive and counterintuitive analysis.