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  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • Draft of the Declaration of Independence

     |  Roots of the Slavery Crisis

    Draft of the Declaration of Independence Draft of the Declaration of Independence 1 Thomas Jefferson Jefferson's first draft of the Declaration of Independence contained a critique of King George III's involvement in the slave trade. Although not approved by the entire Second Continental Congress, it indicates that the leading Founders understood the slavery issue in moral terms. 1776 ...He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare ...

  • First Inaugural Address

     |  Secession and Civil War

    First Inaugural Address First Inaugural Address 1 Abraham Lincoln Lincoln's First Inaugural Address, delivered a month after the formation of the Confederacy, served as a final plea for Americans to reunite. Lincoln makes clear that he has no intention to change the status of slavery in the states where it exists, having no constitutional authority to do so. He makes equally clear that secession is not a constitutional option. March 4, 1861 Fellow citizens of the United States: In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of ...

  • Message to Congress in Special Session

     |  Secession and Civil War

    Message to Congress in Special Session Message to Congress in Special Session 1 Abraham Lincoln On April 12, 1861, a Confederate commander informed the Union forces stationed at Fort Sumter, in the Charleston harbor, of his plans to attack. The Civil War began an hour later. President Lincoln immediately called for 75,000 volunteers. Four states from the upper South seceded over the following month. With Congress out of session, Lincoln led the military effort without congressional approval for nearly three months. In this speech to Congress, which convened on Independence Day, he depicts the Confederacy as a section of the Union in insurrection rather than a foreign nation requiring a declaration of war. July 4, 1861 Fellow-citizens of the ...

  • The Emancipation Proclamation

     |  Secession and Civil War

    The Emancipation Proclamation The Emancipation Proclamation 1 Abraham Lincoln The Emancipation Proclamation, issued on September 22, 1862, promised emancipation for slaves residing in the Confederacy, unless the rebellious states returned to the Union by January 1 of the following year. The three-month deadline came and went, and slavery ceased to have legal sanction in much of the South. Although complete emancipation did not occur until the passage of the Thirteenth Amendment in 1865, Lincoln's actions earned him the nickname "The Great Emancipator." January 1, 1863 By the President of the United States of America: A Proclamation. Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and ...

  • What is Progress?

     |  Progressive Rejection of the Founding

    What is Progress What is Progress? 1 Woodrow Wilson (1856-1924) After earning a Ph.D. in both history and political science at Johns Hopkins University, Wilson held various academic positions, culminating in the presidency of Princeton University. Throughout this period, he came to see the Constitution as a cumbersome instrument unfit for the government of a large and vibrant nation. This speech, delivered during his successful campaign for president in 1912 and included in a collection of speeches called The New Freedom, puts forward the idea of an evolving, or "living," constitution. 1913 In that sage and veracious chronicle, "Alice Through the Looking-Glass," it is recounted how, on a noteworthy occasion, the little heroine is seized by the Red Chess Queen ...

  • The President of the United States

     |  Progressive Rejection of the Founding

    The President of the United States The President of the United States 1 Woodrow Wilson For Wilson, constitutional checks and balances and the separation of powers are indicative of the flawed thinking of America's Founders. They are means of limiting government, when the fact is that government alone can provide the people's needs. Wilson looks to the presidency—the singular voice of the people—as the best hope for overcoming the old order. 1908 It is difficult to describe any single part of a great governmental system without describing the whole of it. Governments are living things and operate as organic wholes. Moreover, governments have their natural evolution and are one thing in one age, another in another. The makers of the Constitution ...

  • The Presidency: Making an Old Party Progressive

     |  Progressive Rejection of the Founding

    The Presidency: Making an Old Party Progressive The Presidency: Making an Old Party Progressive 1 Theodore Roosevelt (1858-1919) Roosevelt's ascension to the presidency in 1901 upon the assassination of William McKinley marked the emergence of Progressivism on the national scene. From trust busting to railroad regulation, Roosevelt sought to expand federal power over a large swath of the American economy. In this excerpt from his autobiography, he offers a view of the Constitution that is compatible with his Progressive politics. 1913 ...The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the ...

  • The Study of Administration

     |  Progressive Rejection of the Founding

    The Study of Administration The Study of Administration 1 Woodrow Wilson Writing a year before Congress created the Interstate Commerce Commission, the first independent regulatory agency, Wilson argues in this article that it is only through such agencies—separate from the political process and independent of the electorate—that government can pursue its necessary ends. November 2, 1886 I suppose that no practical science is ever studied where there is no need to know it. The very fact, therefore, that the eminently practical science of administration is finding its way into college courses in this country would prove that this country needs to know more about administration, were such proof of the fact required to make out a case. It need not be said, however ...

  • Progressive Democracy

     |  Progressive Rejection of the Founding

    Progressive Democracy Progressive Democracy 1 Herbert Croly (1869-1930) In this book, Croly, a leading Progressive theorist and founder of The New Republic magazine, criticizes the Founders' fear of tyranny of the majority and rejects their idea that government exists to protect individual rights. 1915 Chapter XII: The Advent of Direct Government ...If economic, social, political and technical conditions had remained very much as they were at the end of the eighteenth century, the purely democratic political aspirations might never have obtained the chance of expression. Some form of essentially representative government was at that time apparently the only dependable kind of liberal political organization. It was imposed by the physical ...

  • What Good's a Constitution?

     |  New Deal and Great Society

    What Good's a Constitution What Good's a Constitution? 1 Winston Churchill (1874-1965) Written soon after Franklin Roosevelt's Democratic Convention Address of 1936, this article by British statesman Winston Churchill points to the wide gulf between Churchill's and Roosevelt's economic views, even if five years later they would forge a close wartime alliance. Beyond their differences on economics, Churchill sees the American Constitution as an enduring source of strength for the American republic, not an obstacle to be overcome. August 22, 1936 No one can think clearly or sensibly about this vast and burning topic without in the first instance making up his mind upon the fundamental issue. Does he value the State above the citizen, or the citizen above the State ...
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