Tag Archive for: Civil War
Ex Parte McCardle (1869)
6. Guest Constitutional Scholar Essayists, 90 in 90 2017, Blog, Joerg W. Knipprath 7. U.S. Supreme Court Decisions and Justices, Essay 08: Ex Parte McCardle (1869) – Guest Essayist: Joerg Knipprath, 7. The United States Supreme Court: Landmark Decisions and the Justices Who Made Them., 13. Guest Constitutional Scholar Essayists, Joerg W. Knipprath, Propeller Genesee Chief v. Fitzhugh 1851Ex parte McCardle was forged in the superheated atmosphere of Southern reconstruction after the Civil War. The struggle to shape that reconstruction pitted the “Radical” Republicans (representing the pre-war abolitionist wing) against moderates within the party. Democrats, reduced to a rump faction, could do little more than get out of the way and, if palatable, delicately offer support to the Republican moderates. The political and constitutional fault line cut between the restrained Lincoln-Johnson presidential reconstruction based on maintaining the existing federalism, but with abolition of slavery, and the program of congressional radicals to treat the South as a conquered province reduced to territorial status, prostrate before Northern arms and to be cleansed of the twin stains of slavery and secession by stripping the erstwhile states of their old constitutional privileges.
Our Constitution Works: President Ford’s Date with Destiny
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Gerald R. Ford Presidential Foundation 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Gerald R. Ford Presidential Foundation, Essay 89: Our Constitution Works: President Ford’s Date with Destiny – Guest Essayist: Gerald R. Ford Presidential Foundation, 6. Presidential Elections and Their Constitutional Impact, Supreme Court, WatergateThe Gerald R. Ford Presidential Foundation, the Grand Rapids Economic Club and the National Constitutional Center hosted “Our Constitution Works: President Ford’s Date with Destiny” on October 20, 2014 in Grand Rapids, Michigan. The following is a partial transcript of the videotaped panel discussion. Used with permission.
Doug DeVos, Gerald R. Ford Presidential Foundation Trustee, National Constitution Center Trustee and former Chair of the Grand Rapids Economic Club hosted the event. Steve Ford, son of Gerald & Betty Ford, illustrated his father’s belief in the pardon decision by retelling the story in which he personally asked his father about the pardon.
A Memorial Day Message by Constituting America Founder & Co-Chair Janine Turner
6. Guest Constitutional Scholar Essayists, 90 in 90 2015, Janine Turner 17. Topics, Essay 80: A Memorial Day Message by Constituting America Founder and Co-Chair Janine Turner, 13. Guest Constitutional Scholar Essayists, 5. Constitutional Crisis – Executive Overreach, Janine Turner, Revolutionary War, 14. Essays by Janine Turner, Federalist No. 24, Federalist No. 25, World War IConstituting America first published this message from Founder & Co-Chair Janine Turner over Memorial Day Weekend, 2010, the inaugural year of our organization.
On this Memorial Day weekend, I think it is appropriate to truly contemplate and think about the soldiers and families who have sacrificed their lives and loved ones, and given their time and dedication to our country.
Sometimes it is beyond reach to put ourselves in someone else’s shoes and feel, to the most heightened sense, what it would be like to say goodbye to our loved ones for perhaps the last time. Do we take the time to feel empathy for the soldier who has to walk away from his family – mother, father, wife, husband, daughter, son – to be potentially killed out in the field – to die away from family – in perhaps some distant land, in enemy territory, on foreign soil? How frightening this would be.
It is difficult in our daily lives that are hectic with work, pressures, commitments and family responsibilities to really pause to think about the sacrifice our men and women in uniform have made and are making to protect us. Our men and women in uniform were and are the brave, the special, the few and the truly great patriots. Without these soldiers, we, America and Americans, would not be here – plain and simple. The air we breathe, the land we walk, the sky we sketch, the country we call home, is because of the sacrifices of our men and women in uniform.
No matter which war they called their own, they all fought the enemy, whether near or far, whether boots were on the ground, in the air or on the sea, whether the enemy was present or premeditating. As Alexander Hamilton expressed in Federalist Paper No. 24, “ cases are likely to occur under our governments, as well as under those of other nations, which sometimes render a military force in the time of peace, essential to the security of the society.” Thus, an actual battle or a state of ready alert has served the same purpose – the enemy was to know and knew that he would not prevail against men and women who had the Divine right of liberty in their soul, passion in their hearts and the supreme strength of military readiness.
Memorial Day is the day to set aside time and sit down with our children and teach them about our wars and war heroes. It is a time to teach them about the Revolutionary War and the reasons why we fought it. They should know about the soldiers who walked barefoot in the snow, leaving the stain of their blood on the ice and about those soldiers who died miserable deaths as POWs in the stifling bowels of the British ships at sea. They should know about heroes such as Paul Revere, Israel Putnam and Nathan Hale who said, “I only regret that I have but one life to lose for my country.
We should take a moment during our Memorial Day weekend, and everyday, to pray for our men and women in uniform. We should teach our children about those who served in the War of 1812 when the British returned, how they burned down the White House and how President James Madison’s wife, Dolly Madison, ran to save the portrait of President George Washington.
They should know about the Civil War, why we fought it and how thousands of our soldiers died from a new type of bullet that shattered their bones. They should know about the horrors of slavery, how it had permeated the world throughout history and yet how, according to William J. Bennett, “the westerners led the world to end the practice.” They should know about how Americans fought Americans claiming hundreds of thousands of soldier’s lives.
They should know about World War I and how the soldiers lined up in rows, one after the other, to be shot or stabbed by swords. They should know about World War II and the almost inconceivable bravery of the soldiers who ran onto the beach to endure the battle of Normandy, which claimed thousands of American lives. They should understand what history has to teach us about the mistakes in politics that bred the tyrants who led millions to slaughter. As Publius teaches us, we should not rule with reason but upon the strong foundation of the lessons of history.
They should know about the Korean War, the Vietnam War and the Communist Regimes that ripped the souls from its people. They should know that our soldiers did not fight or die in vain in Korea or Vietnam because even though the enemy was physically in their field, the enemy’s propaganda permeated and thus threatened our field.
They should know about the soldiers who stood on alert during the Cold War and their willingness to die. (My father was a West Point Military graduate and served in the Air Force. He was one of the first to fly twice the speed of sound, Mach II, in the 1960’s. He flew the B-58 Hustler and was ready to die on his mission to Russia when his country called him to do so.) The cold war was won by the ready willingness of our brave soldiers in uniform and a country who was militarily prepared.
A prepared state is a winning state. Alexander Hamilton wrote in Federalist Paper No. 24, “Can any man think it would be wise, to leave such posts in a situation to be at any instant seized by one or the other of two neighboring and formidable powers? To act this part, would be to desert all the usual maxims of prudence and policy.”
Today, we fight in Iraq and Afghanistan (as of original publication date, May, 2010). We fight the insurgencies at our borders most especially in Arizona, Texas and California and we fight an elusive enemy that is creeping into our fields. They are creeping both from abroad with violence and from within with the slow usurpation of our founding principles. Alexander Hamilton warns in Federalist Paper No. 25, “For it is a truth which the experience of all ages has attested, that the people are commonly most in danger, when the means of injuring the rights are in the possession of those of whom they entertained the least suspicion.”
A strong and honest government based on the Constitution and ruled by the people through the Constitutional Republic will prevail but only if we, as citizens, know about it and only if our children are raised on the fruits of this knowledge. As Alexander Hamilton states in Federalist Paper No. 25, “It also teaches us, in its application to the United States, how little rights of a feeble government are likely to be respected, even by its own constituents.”
Wars are fought physically and wars are fought mentally. As civil servants we must be alert to the enemy that is amongst us. Alexander Hamilton states in Federalist Paper No. 25, “…every breach of the fundamental laws, though dedicated by necessity, impairs that sacred reverence, which ought to be maintained in the breast of rulers towards the constitution of a country…”
On this Memorial Day weekend, we begin our mission with an education of the thesis and basis of our country – what we fight for – the United States Constitution and the wisdom, freedoms, righteousness and structure that it upholds.
May God bless all of our service men and women past, present and future, who have fought valiantly for these principles.
God Bless,
Janine Turner
Memorial Day, 2010
God Bless,
Janine Turner
Memorial Day, 2016
A Memorial Day Message by Constituting America Founder & Co-Chair Janine Turner
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Janine Turner 17. Topics, Essay 80: A Memorial Day Message by Constituting America Founder and Co-Chair Janine Turner, 13. Guest Constitutional Scholar Essayists, Janine Turner, Revolutionary War, 6. Presidential Elections and Their Constitutional Impact, 14. Essays by Janine Turner, Federalist No. 24, Federalist No. 25, World War IConstituting America first published this message from Founder & Co-Chair Janine Turner over Memorial Day Weekend, 2010, the inaugural year of our organization. We are pleased to share it with you again, as we celebrate our 6th birthday!
On this Memorial Day weekend, I think it is appropriate to truly contemplate and think about the soldiers and families who have sacrificed their lives and loved ones, and given their time and dedication to our country.
1936, Franklin D. Roosevelt Defeats Alfred Landon: Administrative Centralization and Its Implications for Constitutionalism
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Joerg W. Knipprath 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Joerg W. Knipprath, Progressive, 6. Presidential Elections and Their Constitutional Impact, Supreme Court, Essay 73: 1936: Franklin D. Roosevelt Defeats Alfred Landon: Administrative Centralization and Its Implications for Constitutionalism – Guest Essayist: Joerg Knipprath
Franklin Delano Roosevelt, running for re-election in 1936, received 60.8% of the popular vote, second-highest popular vote percentage since that method of selecting presidential electors became dominant in the 1830s. Only Lyndon Johnson’s 61.1% over Barry Goldwater in 1964, Richard Nixon’s 60.7% over George McGovern in 1972, and Warren Harding’s 60.3% over James Cox in 1920 are on a similar scale. The electoral vote was even more lopsided, as Roosevelt defeated Kansas Governor Alf Landon 523 votes to 8 (46 states to 2). Only Ronald Reagan in 1984 (525 votes to 13; 49 states to 1 plus D.C.) and Richard Nixon in 1972 (520 votes to 17; 49 states to 1 plus D.C.) enjoyed similarly impressive margins since the modern two-party system emerged.
1928: The Effects of Urbanization on the U.S. and Its Implications for Constitutional Government
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Scot Faulkner 13. Guest Constitutional Scholar Essayists, Scot Faulkner, 6. Presidential Elections and Their Constitutional Impact, Essay 70: 1928: The Effects of Urbanization on the U.S. and Its Implications for Constitutional Government – Guest Essayist: Scot Faulkner
How Urbanism Forever Changed America
The 1928 Presidential Election remains the zenith of Republican political power. Republican Herbert Hoover crushed Democrat Al Smith, winning 58 percent of the popular vote and 83 percent of the electoral vote. [1] The landslide was fueled by years of prosperity, affection for outgoing President Calvin Coolidge, and deep seated concerns over Smith’s Catholicism. Republicans also amassed majorities in the House and Senate not seen again until 2014.
Warren G. Harding: Twenty-Ninth President of the United States
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Juliette Turner 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Juliette Turner, Progressive, Socialism, 6. Presidential Elections and Their Constitutional Impact, Supreme Court, Essay 65: Warren G. Harding: Twenty-Ninth President of the United States – Guest Essayist: Juliette Turner
Twenty-Ninth President of the United States
Nickname: Charming Harding
Terms in Office: 1921-1923
Fast Stats
- Born November 2, 1865, in Blooming Grove, Ohio
- Parents: George Tryon and Phoebe Elizabeth Dickerson Harding
- Died August 2, 1923, in San Francisco, California; age 57
- Age upon Start of Term: 55; Age upon Death: 57
- Religious Affiliation: Baptist
- Political Party: Republican
- Height: 6 feet
- Vice President: Calvin Coolidge
1904 and 1908 Elections: Theodore Roosevelt’s “Square Deal” vs. William Jennings Bryan’s Populism
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Daniel Cotter 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Electoral College, Daniel Cotter, 6. Presidential Elections and Their Constitutional Impact, Supreme Court, Essay 58: 1904 and 1908 Elections: Theodore Roosevelt’s “Square Deal” vs. William Jennings Bryan’s Populism – Guest Essayist: Daniel A. Cotter
The United States Constitution is silent on the subject of corporations. After the Civil War, as American society began to quickly evolve from agrarian to industrial, politicians from both major parties raised concerns about the rise of corporations, banks, and businesses, and the need for protection of the individual. Against this backdrop, two important political figures emerged on the national scene. William Jennings Bryan was a leader of the Populist Party (which would merge with the Democratic Party in 1896) who unsuccessfully ran for President in 1896, 1900 and 1908. Republican President Theodore Roosevelt proposed a number of “progressive” initiatives through his “Square Deal” program and other policies and positions. Other essays in this series cover the various Presidential elections in which Bryan and Roosevelt were their parties’ nominees. This essay compares the progressive and populist views of Roosevelt and Bryan, respectively.
1896, William McKinley Defeats William Jennings Bryan: The Gold Standard vs. Bimetallism
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Karl Rove 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Gold Standard, Karl Rove, 6. Presidential Elections and Their Constitutional Impact, Essay 56: 1896: William McKinley Defeats William Jennings Bryan: The Gold Standard vs. Bimetallism – Guest Essayist: Karl Rove
America’s politics leading into the 1896 election looks familiar. The political system was broken: In five presidential elections, no one received 50% and for 20 of 24 years, America had divided government and gridlock in which little got done. The animosity between the parties was beyond normal partisanship: they were still fighting the Civil War.
Grover Cleveland: Twenty-Second and Twenty-Fourth President of the United States
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Juliette Turner 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Essay 54: Grover Cleveland: Twenty-Second and Twenty-Fourth President of the United States – Guest Essayist: Juliette Turner, Juliette Turner, 6. Presidential Elections and Their Constitutional Impact
Grover Cleveland
Twenty-second and Twenty-fourth President of the United States
Nickname: The Veto President
Terms in Office: 1885–1889; 1893–1897
Fast Stats
- Born March 18, 1837, in Caldwell, New Jersey
- Parents: Richard and Anne Neal Cleveland
- Died June 24, 1908, in Princeton, New Jersey; age 71
- Age upon Start of First Term: 47; Age upon Conclusion of First Term: 51
- Age upon Start of Second Term: 55; Age upon Conclusion of Second Term: 59
- Political Party: Democratic
- Religious Affiliation: Presbyterian
- Height: 5 feet 11 inches
- Vice Presidents: Thomas A. Hendricks (1885) and Adlai E. Stevenson (1893–1897)
1880, James Garfield Defeats Winfield Scott Hancock: The Tariff Controversy, Post-Civil War
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Blog, Kirk Higgins 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Electoral College, Kirk Higgins, Reconstruction, 6. Presidential Elections and Their Constitutional Impact, Essay 51: 1880: James Garfield Defeats Winfield Scott Hancock: The Tariff Controversy, Post-Civil War – Guest Essayist: Kirk Higgins
When one reflects on the history of the United States, the politics of the Gilded Age are often overlooked. Many find little value in understanding the intricacies of the political wheeling and dealing, often engineered by political machinery in both major parties. Nevertheless, these elections are as a part of the collective American consciousness as any before or since. They are central to understanding the American political character as it dealt with the aftereffects of the great national tragedy that was the American Civil War.
1876, Rutherford B. Hayes Defeats Samuel Tilden: The End of Reconstruction
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Forrest Nabors 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Forrest Nabors, Reconstruction, 6. Presidential Elections and Their Constitutional Impact, Essay 49: 1876: Rutherford B. Hayes Defeats Samuel Tilden: The End of Reconstruction – Guest Essayist: Forrest Nabors
We remember 1865 as the year when our Civil War ended. But by another measure, the standard of von Clausewitz, that war is politics continued by other means, the political conflict that erupted into formal war did not end until after Rutherford B. Hayes was sworn in as president in 1877. The period known as Reconstruction after the war continued that political conflict and was also violent, though the combatants were paramilitaries and its wars were not wars of maneuver with grand armies.
The regular appearance of remarks on financial corruption in the proceedings of Congress in the Nineteenth Century might seem to indicate that American Government always was susceptible to the highest bidder. Rather, these comments are markers of Americans’ strong dislike and fear of corruption than they are proof that financial corruption was in fact eating the roots of their republicanism. The Americans had good reason to regard financial corruption in their government as an unmitigated evil, and so they loudly denounced it when they espied it, and publicly shamed, if not impeached, corrupt politicians upon discovery.
1868, Ulysses S. Grant Defeats Horatio Seymour: Reconstruction and the Constitution
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Forrest Nabors 17. Topics, 13. Guest Constitutional Scholar Essayists, Civil War, Forrest Nabors, 6. Presidential Elections and Their Constitutional Impact, Essay 45: 1868: Ulysses S. Grant Defeats Horatio Seymour: Reconstruction and the Constitution – Guest Essayist: Forrest Nabors
Fearless and firm under fire, unflaggingly modest despite reverent acclaim, and always practical – these outstanding qualities of Ulysses S. Grant are acknowledged, whether begrudgingly or enthusiastically, by the many critics of his presidency as well as by his defenders. Grant was quintessentially American, and yet as a leader he proved that his particular mixture of quintessentially American qualities represented the best of us, which might explain why his soldiers trusted him, the northern people adored him and the southern people respected him.
For nearly the first century of her existence, America had left a promise unfulfilled to both the souls that resided within her borders, as well as humanity at large. That promise, largely taken for granted today, cost the blood of nearly five thousand in the American Revolution and hundreds of thousands in the Civil War, is the revolutionary idea expressed in the Declaration of Independence that every person is born equal. The Civil War and Reconstruction fundamentally altered the Union, and most certainly for the better. The Civil War Amendments, the 13th, 14th, and 15th, sought to fulfill the promise of equality for those enslaved.
1864, Abraham Lincoln Defeats George McClellan: Constitutional Issues Raised by Lincoln’s Conduct of the War
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Daniel Cotter 17. Topics, 2. The Constitution, Article I Section 09 Clause 2-3, 13. Guest Constitutional Scholar Essayists, Civil War, 3. The Amendments, Constitutional Amendment XIV, Gettysburg Address, Daniel Cotter, 6. Presidential Elections and Their Constitutional Impact, Essay 42: 1864: Abraham Lincoln Defeats George McClellan: Constitutional Issues Raised by Lincoln’s Conduct of the War – Guest Essayist: Daniel A. CotterThe Election of 1864: Constitutional Issues Raised by Lincoln’s Conduct of the War
The 1864 election pitted the incumbent, Republican President Abraham Lincoln, against George McClellan of the Democratic Party. It was the first election since 1840 in which an incumbent was renominated by his own party. A major focus of the election was the Civil War and the divided Union. Lincoln’s actions as President would also be considered by the electorate, which reelected him in a landslide.
1860, John Bell’s Understanding of the Constitution
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, Daniel Cotter 13. Guest Constitutional Scholar Essayists, Daniel Cotter, 6. Presidential Elections and Their Constitutional Impact, Essay 39: 1860: John Bell’s Understanding of the Constitution – Guest Essayist: Daniel A. Cotter
The election of 1860 featured a number of candidates vying for the Presidency, with the tensions over slavery at the forefront. Abraham Lincoln would carry the North for the Republican Party and win the election over numerous candidates, including three contenders that garnered significant votes. Other essays in this series cover the 1860 Presidential election and certain of the candidates. This essay focuses on John Bell, the 1860 nominee for President from the newly formed Constitutional Union Party, and his understanding of the Constitution.
1860, Stephen Douglas’ Understanding of the Constitution
6. Guest Constitutional Scholar Essayists, 90 in 90 2016, David J. Shestokas, J.D. 13. Guest Constitutional Scholar Essayists, David J. Shestokas J.D., 6. Presidential Elections and Their Constitutional Impact, Essay 37: 1860: Stephen Douglas’ Understanding of the Constitution – Guest Essayist: David J. Shestokas
“Tell them to obey the laws and uphold the Constitution.”
Stephen A. Douglas, deathbed instructions for his sons, June 3, 1861[1]
Stephen Douglas’ instruction to his sons to uphold the Constitution should have been quite clear. He had spent three decades in public life, including 18 years in the United States Congress. He had given hundreds if not thousands of speeches on the critical constitutional issues of his day: organization and admission of new states and the regulation of slavery in territories purchased from France and won in war with Mexico.

