Paul Finkelman – författare

A March of Liberty is a clearly written, comprehensive overview of American constitutional development from the founding of the English colonies down through the decisions of the latest term of the Supreme Court. It presents the most comprehensive overview of American constitutional development now available, reflecting the latest in contemporary scholarship. The authors examine in detail the great cases handed down by the Supreme Court, showing how these cases played out in the society at large and how constitutional growth parallels change in American culture. The authors also look at lesser known decisions that played important roles in effecting change, and at the justices who made these decisions. The book offers students of American constitutional history a complete reference work which is intelligible to the layperson as well as to the specialist.

It is impossible to understand America without understanding the history of African Americans. The Encyclopedia of African American History, 1619-1895 documents the full range of the African American experience during that period and shows how all aspects of American culture, history, and national identity have been profoundly influenced by the experiences of African Americans. The Encyclopedia covers an extraordinary range of subjects, such as: abolitionism, black nationalism, black seafarers, Buffalo Soldiers, The Civil War, oratory and verbal arts, Reconstruction, religion and slavery, Underground Railroad, and voting rights.

Focusing on the making of African American society from the 1896 "separate but equal" ruling of Plessy v. Ferguson up to the contemporary period, this encyclopedia traces the transition from the Reconstruction Era to the age of Jim Crow, the Harlem Renaissance, the Great Migration, the Brown ruling that overturned Plessy, the Civil Rights Movement, and the ascendant influence of African-American culture on the American cultural landscape up to and including the 2008 election of Barack Obama.

W. E. B. Du Bois was a public intellectual, sociologist, and activist on behalf of the African American community. He profoundly shaped black political culture in the United States through his founding role in the NAACP, as well as internationally through the Pan-African movement. Du Bois's sociological and historical research on African-American communities and culture broke ground in many areas, including the history of the post-Civil War Reconstruction period. Du Bois was also a prolific author of novels, autobiographical accounts, innumerable editorials and journalistic pieces, and several works of history.John Brown is W. E. B. Du Bois's groundbreaking political biography that paved the way for his transition from academia to a lifelong career in social activism. This biography is unlike Du Bois's earlier work; it is intended as a work of consciousness-raising on the politics of race. Less important are the historical events of John Brown's life than the political revelations found within the pages of this biography. At the time that he wrote it in 1909, Du Bois had begun his transformation into the most influential civil rights leader of his time. With a series introduction by editor Henry Louis Gates, Jr., and an introduction by Paul Finkelman, this edition is essential for anyone interested in African American history.

If the FBI asks local law enforcement agencies to interrogate Arab and Muslim men within their jurisdictions, may the Detroit Chief of Police decline to do so? Would allowing the federal government to insist on local assistance be an example of undesirable federal overreaching or desirable national uniformity? If the FBI engages in a Joint Terrorism Task Force with local law enforcement officials in Portland, Oregon, may Portland police officers ignore surveillance-limiting Oregon state laws that apply to them, but not to the FBI? May those officers be bound to secrecy and prohibited from telling their employers if their colleagues violate state law? If the city of Arcata, California, disapproves of powers the USA Patriot Act gives federal investigators, may it prohibit its law enforcement personnel from helping the FBI conduct investigations?Concern about the proper balance between federal and local authority reaches back to the founding of our nation. That discussion has been re-ignited by the shock waves generated on September 11, 2001, which profoundly challenged our understandings of various constitutional strategies established to prevent overreaching by the Federal government. Until now, the discussion about the impact of 9/11 on American law has paid little attention to federalism, a vertical check on the federal government that complements the horizontal checks created by the separation of powers of the legislative, judicial, and executive branches.Questions about the ability of state and local governments to make their own policy choices form an important subset of questions about how far the federal government can or should go in its antiterrorism efforts. Clashes between claims of national authority and claims of local autonomy raise political questions that play out within a framework of constitutional law. Terrorism, Government, and Law is designed to foster an important national conversation on this subject.

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes:organizations and government bodieslegislation and legislative action, statutes, and actshistorical overviewsbiographiescasesthemes, issues, concepts, and events.The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

Brings together contributors to examine the responses of various segments of American and European society to the Harpers Ferry Raid and John Brown's execution. The incidents were widely publicised, and their meanings were hotly debated. The debates contributed to Northern antipathy to slavery.

The First Encyclopedia available On The Subject Of Religion And American Law The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate. Comprehensive In Coverage And Scope Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible by students. With contributions by leading scholars in the field, this encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.

The aim of this series is to familiarize the audience with privacy principles which form the core of laws in the United States. The series explores the tension between the laws' win goals; first, encourage the open discourse and debate, often involving revolutionary (and expensive) telecommunications technology and second, enforce the right of privacy within the fullest meaning of that term, the right to be let alone. The series traces the evolution of the fundamental right to privacy as first enunciated in deeply English influenced American common law. The sources examined cover the evolution of the concept of the right to privacy as on as integral as the right to control one's own body to the right to not have strangers listen to your telephone calls or read your electronic mail. These topics establish the bellwether for any study of privacy law as that body of law is shaped by Congress in the area of telecommunications and as delivered by the eminent decisions of the United States Supreme Court over the course of the last two hundred and fifteen years. As the next century rapidly approaches, the right to privacy, the right to be let alone, in a world inundated with innumerable methods of intrusion on personal space becomes an even more germane area of study. The turbulent times of the 1960's in America began the sexual revolution which would roll forward until the mid- 1980's . The 1990's ushered in a series of laws which would change the face of the right to privacy forever. The law and ecology of privacy rights have borne significant developments that preoccupy contemporary American citizens, businesspersons, politicians and scholars alike. This series provides a practicable and scholarly reader of American privacy law for the experienced and novice alike.

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.

The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought.Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights.In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court.The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

More than two centuries after his birth and almost a century and a half after his death, the legendary life and legacy of John Brown go marching on. Variously deemed martyr, madman, monster, terrorist, and saint, he remains one of the most controversial figures in America's history. Brown's actions in Kansas and in Harpers Ferry, West Virginia, were major catalysts for the American Civil War, and continue today to evoke praise or condemnation.Through the prisms of history, literature, psychology, criminal justice, oral history, African American studies, political science, film studies, and anthropology, Terrible Swift Sword offers insights not only into John Brown's controversial character and motives but also into the nature of a troubled society before, during, and after the Civil War. The contributors discuss reasons why Brown's contemporaries supported him, analyze Brown's behavior and his depiction in literature, and examine the iconography and mythology surrounding him.The interdisciplinary focus brought by editors Peggy A. Russo and Paul Finkelman makes this collection unique. Terrible Swift Sword: The Legacy of John Brown will appeal to a broad audience of readers interested in this turbulent moment in American history.

In 1846, two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St Louis, Missouri. It is the first true civil rights case decided by the US Supreme Court. This title offers a collection of essays that revisits the history of the case and its aftermath in American life and law.

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff

Few images of early America were more striking, and jarring, than that of slaves in the capital city of the world's most important free republic. Black slaves served and sustained the legislators, bureaucrats, jurists, cabinet officials, military leaders, and even the presidents who lived and worked there. While slaves quietly kept the nation's capital running smoothly, lawmakers debated the place of slavery in the nation, the status of slavery in the territories newly acquired from Mexico, and even the legality of the slave trade in itself.This volume, with essays by some of the most distinguished historians in the nation, explores the twin issues of how slavery made life possible in the District of Columbia and how lawmakers in the district regulated slavery in the nation.Contributors: David Brion Davis, Mary Beth Corrigan, A. Glenn Crothers, Jonathan Earle, Stanley Harrold, Mitch Kachun, Mary K. Ricks, James B. Stewart, Susan Zaeske, David Zarefsky

During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.ContributorsSpencer R. CrewPaul FinkelmanMatthew GlassmanAmy S. GreenbergMartin J. HershockMichael F. HoltBrooks D. SimpsonJenny Wahl

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court's inception in 1855, judges have influenced economic developments and social issues, beginning with the court's most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women's rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation's law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.This timely history confirms the significant role played by district courts in the history of the United States.

"When Lincoln took office, in March 1861, the national government had no power to touch slavery in the states where it existed. Lincoln understood this, and said as much in his first inaugural address, noting: 'I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists.'" How, then, asks Paul Finkelman in the introduction to Lincoln, Congress, and Emancipation, did Lincoln—who personally hated slavery—lead the nation through the Civil War to January 1865, when Congress passed the constitutional amendment that ended slavery outright?The essays in this book examine the route Lincoln took to achieve emancipation and how it is remembered both in the United States and abroad. The ten contributors—all on the cutting edge of contemporary scholarship on Lincoln and the Civil War—push our understanding of this watershed moment in US history in new directions. They present wide-ranging contributions to Lincoln studies, including a parsing of the sixteenth president's career in Congress in the 1840s and a brilliant critique of the historical choices made by Steven Spielberg and writer Tony Kushner in the movie Lincoln, about the passage of the Thirteenth Amendment.As a whole, these classroom-ready readings provide fresh and essential perspectives on Lincoln's deft navigation of constitutional and political circumstances to move emancipation forward.Contributors: L. Diane Barnes, Jenny Bourne, Michael Burlingame, Orville Vernon Burton, Seymour Drescher, Paul Finkelman, Amy S. Greenberg, James Oakes, Beverly Wilson Palmer, Matthew Pinsker

"When Lincoln took office, in March 1861, the national government had no power to touch slavery in the states where it existed. Lincoln understood this, and said as much in his first inaugural address, noting: 'I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists.'" How, then, asks Paul Finkelman in the introduction to Lincoln, Congress, and Emancipation, did Lincoln—who personally hated slavery—lead the nation through the Civil War to January 1865, when Congress passed the constitutional amendment that ended slavery outright?The essays in this book examine the route Lincoln took to achieve emancipation and how it is remembered both in the United States and abroad. The ten contributors—all on the cutting edge of contemporary scholarship on Lincoln and the Civil War—push our understanding of this watershed moment in US history in new directions. They present wide-ranging contributions to Lincoln studies, including a parsing of the sixteenth president's career in Congress in the 1840s and a brilliant critique of the historical choices made by Steven Spielberg and writer Tony Kushner in the movie Lincoln, about the passage of the Thirteenth Amendment.As a whole, these classroom-ready readings provide fresh and essential perspectives on Lincoln's deft navigation of constitutional and political circumstances to move emancipation forward.Contributors: L. Diane Barnes, Jenny Bourne, Michael Burlingame, Orville Vernon Burton, Seymour Drescher, Paul Finkelman, Amy S. Greenberg, James Oakes, Beverly Wilson Palmer, Matthew Pinsker

The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment's notice. As a result, the young nation's political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some civilians had violently opposed the war effort, and emancipation was under way.This set the stage for Congress to play catch-up for much of the conflict. The result was an ongoing race to pass new laws and set policies. Throughout it all, Congress had to answer to a fractured and demanding public. In addition, Congress, no longer paralyzed by large numbers of Southern slave owners, moved forward on progressive economic and social issues—such as the transcontinental railroad and the land grant college act—which could not previously have been passed.In Congress and the People's Contest, Paul Finkelman and Donald R. Kennon have assembled some of the nation's finest scholars of American history and law to evaluate the interactions between Congress and the American people as they navigated a cataclysmic and unprecedented war. Displaying a variety and range of focus that will make the book a classroom must, these essays show how these interactions took place—sometimes successfully, and sometimes less so.Contributors: L. Diane Barnes, Fergus M. Bordewich, Jenny Bourne, Jonathan Earle, Lesley J. Gordon, Mischa Honeck, Chandra Manning, Nikki M. Taylor, and Eric Walther.

The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment's notice. As a result, the young nation's political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some civilians had violently opposed the war effort, and emancipation was under way.This set the stage for Congress to play catch-up for much of the conflict. The result was an ongoing race to pass new laws and set policies. Throughout it all, Congress had to answer to a fractured and demanding public. In addition, Congress, no longer paralyzed by large numbers of Southern slave owners, moved forward on progressive economic and social issues—such as the transcontinental railroad and the land grant college act—which could not previously have been passed.In Congress and the People's Contest, Paul Finkelman and Donald R. Kennon have assembled some of the nation's finest scholars of American history and law to evaluate the interactions between Congress and the American people as they navigated a cataclysmic and unprecedented war. Displaying a variety and range of focus that will make the book a classroom must, these essays show how these interactions took place—sometimes successfully, and sometimes less so.Contributors: L. Diane Barnes, Fergus M. Bordewich, Jenny Bourne, Jonathan Earle, Lesley J. Gordon, Mischa Honeck, Chandra Manning, Nikki M. Taylor, and Eric Walther.

The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the "felt" history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested.Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein

Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.