Peter Charles Hoffer – författare

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history.Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP's Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.

Fake history is not a harmless mistake of fact or interpretation. It is a mistake that conceals prejudice; a mistake that discriminates against certain kinds of people; a mistake held despite a preponderance of evidence; a mistake that harms us. Fake history is like the Zombies we see in mass media, for the fake fact, like the fictional Zombie, lives by turning real events and people into monstrous perversions of fact and interpretation. Its pervasiveness reveals that prejudice remains its chief appeal to those who believe it. Its effect is insidious, because we cannot or will not destroy those mischievous lies. Zombie history is almost impossible to kill. Some Zombie history was and is political, a genre of what Hannah Arendt called “organizational lying” about the past. Its makers designed the Zombie to create a basis in the false past for particular discriminatory policies. Other history Zombies are cultural. They encapsulate and empower prejudice and stereotyping. Still other popular history Zombies do not look disfigured, but like Zombies walk among us without our realizing how devastating their impact can be. Zombie History argues that, whatever their purpose, whatever the venue in which they appear, history Zombies undermine the very foundations of disinterested study of the past.

Fake history is not a harmless mistake of fact or interpretation. It is a mistake that conceals prejudice; a mistake that discriminates against certain kinds of people; a mistake held despite a preponderance of evidence; a mistake that harms us. Fake history is like the Zombies we see in mass media, for the fake fact, like the fictional Zombie, lives by turning real events and people into monstrous perversions of fact and interpretation. Its pervasiveness reveals that prejudice remains its chief appeal to those who believe it. Its effect is insidious, because we cannot or will not destroy those mischievous lies. Zombie history is almost impossible to kill. Some Zombie history was and is political, a genre of what Hannah Arendt called “organizational lying” about the past. Its makers designed the Zombie to create a basis in the false past for particular discriminatory policies. Other history Zombies are cultural. They encapsulate and empower prejudice and stereotyping. Still other popular history Zombies do not look disfigured, but like Zombies walk among us without our realizing how devastating their impact can be. Zombie History argues that, whatever their purpose, whatever the venue in which they appear, history Zombies undermine the very foundations of disinterested study of the past.

In late 17th-century New England, the eternal battle between God and Satan was brought into the courtroom. Between January 1692 and May 1693 in Salem, Massachusetts, neighbours turned against neighbours and children against parents with accusations of witchcraft, and 19 people were hanged for having made pacts with the devil. Peter Charles Hoffer, a historian long familiar with the Salem witchcraft trials, now reexamines this notorious episode in American history. He tells the real story of how religious beliefs, superstitions, clan disputes and Anglo-American law and custom created an epidemic of accusations that resulted in the investigation of nearly 200 colonists and, for many, the ordeal of trial and incarceration. He also examines life during this crisis period of New England history - a time beset by Indian wars, disease, severe weather, and challenges to Puritan hegemony - to show how an atmosphere of paranoia contributed to this outbreak of persecution. Hoffer examines many aspects of this history, from accusations to grand jury investigations to the conduct of the trials themselves. He shows how rights we take for granted today - such as rules of evidence and a defendant's right to legal counsel - did not exist in colonial times, and he demonstrates how these cases relate to current instances of children accusing adults of abuse. ""The Salem Witchcraft Trials"", a concise history written expressly for students and general readers, sheds important light on the period and shows that our horror of these infamous proceedings must be tempered with sympathy for a people who gave in to panic in the face of a harsh and desolate existence.

Almost 35 years before New York saw the first great battle waged by the new United States of America for its independence, rumours of a slave conspiracy spread in the city, leading to the conviction and execution of over 70 slaves. This text retells the dramatic story of these landmark trials.

America's founders extolled a nation of laws, for they knew that only a fairly enforced legal system could protect liberty and property against corruption and tyranny. Nearly two and a half centuries later, that system remains the ultimate safeguard for us all. With concise but penetrating and provocative insights, the eminent Peter Charles Hoffer recaptures the spirit of this grand enterprise while never losing sight of its human face. The distillation of four decades of stellar writing, Hoffer's book is a wise and illuminating meditation on the key concepts, history, evolution, and importance of American law. He brings the law to life through brief narratives and portraits drawn from the pages of our nation's history. He takes his readers on a tumultuous journey from the Salem witchcraft trials through the divisive debates over slavery; the long struggles for equality and civil rights; the moral and culture wars over abortion, gay rights, and the teaching of evolution; and, recent controversies concerning the rule of law in wartime. In a very compact space, Hoffer has a great deal to say about the role of law, lawmakers, law cases, lawyers, litigants, judges, law professors, and public opinion in creating and recreating the fabric that weaves all of these elements together. He pays particular attention to the criminal trial by looking at the legal proceedings against slave liberator John Brown, feminist Susan B. Anthony, and teacher of evolution John Scopes. He also explores what happens when the law is stretched to the breaking point by revisiting such events as the Stono Slave Rebellion, the Seneca Falls women's rights convention, and FDR's paradigm-shifting New Deal speech. Throughout, Hoffer carefully weighs the promise and vitality of our laws against its flaws and historical failures, for our legal system has not reflected a strong linear progress from inequality and privilege toward perfected liberty and dignity for all. His crystal clear vision of our legal history reminds us of the ambiguities and contradictions, quarrels and confrontations, that mirror the struggles within American history itself and reinforce the central role of law in American life.

The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment “if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States.” Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law. Cooper’s trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation’s preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context. Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson’s and James Madison’s Kentucky and Virginia Resolves. After a close reading of Cooper’s allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper’s attempt to subpoena President Adams and Federalist trial judge Samuel Chase’s management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics—reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists. Hoffer’s book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America’s transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution.At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they’d abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty’s provisions protecting loyalists’property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury,Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton’s arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly—as does the role of the courts in bridging the young nation’s divisions in the Revolution’swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams’s formulation,“rule by law, and not by men.”

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America’s transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution.At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they’d abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty’s provisions protecting loyalists’property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury,Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton’s arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly—as does the role of the courts in bridging the young nation’s divisions in the Revolution’swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams’s formulation,“rule by law, and not by men.”

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case.As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term.The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case.As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term.The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer.“In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.

Approaching the subject as a legal and social historian, Peter Charles Hoffer offers a fresh look at the Salem outbreak based on recent studies of panic rumors, teen hysteria, child abuse, and intrafamily relations. He brings to life a set of conversations -- in taverns and courtrooms, at home and work -- which took place among suspected witches, accusers, witnesses, and spectators. The accusations, denials, and confessions of this legal story eventually resurrect the tangled internal tensions that lay at the bottom of the Salem witch hunts.

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of ""Balance of Equity"" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

Beginning with the introduction of abortion law in the nineteenth century, this reader includes important documents from nearly two hundred years of debate over abortion. These legal briefs, oral arguments, court opinions, newspaper reports, opinion pieces, and contemporary essays are introduced with headnotes that place them in historical context. Chapters cover the birth control movement, changes in abortion law in the 1960s, Roe v. Wade, the Hyde Amendment and the Freedom of Access to Clinic Entrances Act, state and federal regulation of abortion practices, and the freedom of speech cases surrounding anti-abortion clinic protests. The first section of each chapter sets the stage and explains the choice of documents. This rich, balanced collection is an indispensable reference tool for the study of one of the most passionate debates in American history. It brings together the writings of doctors, lawyers, scientists, philosophers, elected officials, judges, and scholars as few other legal readers do, and it is essential reading for those engaged in the ongoing debate about abortion law in the United States.

Hoffer argues for a new methodological philosophy of history that mitigates fallibility and paradoxHow do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like "then." It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox—the more it is required, the less reliable it has become. To reconcile this paradox—that history is impossible but necessary—Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.Covering a sweeping range of philosophies (from ancient history to game theory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

Hoffer argues for a new methodological philosophy of history that mitigates fallibility and paradoxHow do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like "then." It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox—the more it is required, the less reliable it has become. To reconcile this paradox—that history is impossible but necessary—Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.Covering a sweeping range of philosophies (from ancient history to game theory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

Revolution and Regeneration is a book about the aging of the “young men of 1776,” the men who came to adulthood with the American Revolution, found their identity merged with the new republic they had created, and grew old as the nation matured. As they identified themselves with their nation’s past, so they used that past to judge their own lives and what they had accomplished, or failed to accomplish.Revolution and Regeneration is a marriage of psychohistory and intellectual history, applying the principles of the psychology of maturation to a generation whose experiences were crucial to our history—the generation of Adams, Jefferson, Hamilton, and Madison. Their need for identity drove them to demand independence for themselves and their communities. Revolution and Regeneration tells their stories, from youth to old age.The Georgia Open History Library has been made possible in part by a major grant from the National Endowment for the Humanities: Democracy demands wisdom. Any views, findings, conclusions, or recommendations expressed in this collection, do not necessarily represent those of the National Endowment for the Humanities.

Revolution and Regeneration is a book about the aging of the “young men of 1776,” the men who came to adulthood with the American Revolution, found their identity merged with the new republic they had created, and grew old as the nation matured. As they identified themselves with their nation’s past, so they used that past to judge their own lives and what they had accomplished, or failed to accomplish.Revolution and Regeneration is a marriage of psychohistory and intellectual history, applying the principles of the psychology of maturation to a generation whose experiences were crucial to our history—the generation of Adams, Jefferson, Hamilton, and Madison. Their need for identity drove them to demand independence for themselves and their communities. Revolution and Regeneration tells their stories, from youth to old age.The Georgia Open History Library has been made possible in part by a major grant from the National Endowment for the Humanities: Democracy demands wisdom. Any views, findings, conclusions, or recommendations expressed in this collection, do not necessarily represent those of the National Endowment for the Humanities.

In the 1740s, two quite different developments revolutionized Anglo-American life and thought-the Enlightenment and the Great Awakening. This book takes an encounter between the paragons of each movement-the printer and entrepreneur Benjamin Franklin and the British-born revivalist George Whitefield-as an opportunity to explore the meaning of the beginnings of modern science and rationality on one hand and evangelical religious enthusiasm on the other. There are people who both represent the times in which they live and change them for the better. Franklin and Whitefield were two such men. The morning that they met, they formed a long and lucrative partnership: Whitefield provided copies of his journals and sermons, Franklin published them. So began one of the most unique, mutually profitable, and influential friendships in early American history. By focusing this study on Franklin and Whitefield, Peter Charles Hoffer defines with great precision the importance of the Anglo-American Atlantic World of the eighteenth century in American history.With a swift and persuasive narrative, Hoffer introduces readers to the respective life story of each man, examines in engaging detail the central themes of their early writings, and concludes with a description of the last years of their collaboration. Franklin's and Whitefield's intellectual contributions reach into our own time, making Hoffer's readable and enjoyable account of these extraordinary men and their extraordinary friendship relevant today. Also in the Witness to History series The Huron-Wendat Feast of the Dead: Indian-European Encounters in Early North America by Erik R. Seeman King Philip's War: Colonial Expansion, Native Resistance, and the End of Indian Sovereignty by Daniel R. Mandell The Caning of Charles Sumner: Honor, Idealism, and the Origins of the Civil War by Williamjames Hull Hoffer Bloodshed at Little Bighorn: Sitting Bull, Custer, and the Destinies of Nations by Tim Lehman

Before colonial Americans could declare independence, they had to undergo a change of heart. Beyond a desire to rebel against British mercantile and fiscal policies, they had to believe that they could stand up to the fully armed British soldier. Prelude to Revolution uncovers one story of how the Americans found that confidence. On April 19, 1775, British raids on Lexington Green and Concord Bridge made history, but it was an episode nearly two months earlier in Salem, Massachusetts, that set the stage for the hostilities. Peter Charles Hoffer has discovered records and newspaper accounts of a British gunpowder raid on Salem. Seeking powder and cannon hidden in the town, a regiment of British Regulars were foiled by quick-witted patriots who carried off the ordnance and then openly taunted the Regulars. The prudence of British commanding officer Alexander Leslie and the persistence of the patriot leaders turned a standoff into a bloodless triumph for the colonists. What might have been a violent confrontation turned into a local victory, and the patriots gloated as news spread of "Leslie's Retreat."When British troops marched on Lexington and Concord on that pivotal day in April, Hoffer explains, each side had drawn diametrically opposed lessons from the Salem raid. It emboldened the rebels to stand fast and infuriated the British, who vowed never again to back down. After relating these battles in vivid detail, Hoffer provides a teachable problem in historic memory by asking why we celebrate Lexington and Concord but not Salem and why New Englanders recalled the events at Salem but then forgot their significance. Praise for the work of Peter Charles Hoffer "This book more than succeeds in achieving its goal of helping students understand and appreciate the cultural and intellectual environment of the Anglophone world." (New England Quarterly, reviewing When Benjamin Franklin Met the Reverend Whitefield). "A synthetic essay of considerable grace and scope...An excellent overview of the field." (Journal of Legal History, reviewing Law and People in Colonial America).

Passed by the House of Representatives at the start of the 1836 session, the gag rule rejected all petitions against slavery, effectively forbidding Congress from addressing the antislavery issue until it was rescinded in late 1844. In the Senate, a similar rule lasted until 1850. Strongly supported by all southern and some northern Democratic congressmen, the gag rule became a proxy defense of slavery's morality and economic value in the face of growing pro-abolition sentiment. In John Quincy Adams and the Gag Rule, 1835-1850, Peter Charles Hoffer transports readers to Washington, DC, in the period before the Civil War to contextualize the heated debates surrounding the rule. At first, Hoffer explains, only a few members of Congress objected to the rule. These antislavery representatives argued strongly for the reception and reading of incoming abolitionist petitions. When they encountered an almost uniformly hostile audience, however, John Quincy Adams took a different tack. He saw the effort to gag the petitioners as a violation of their constitutional rights.Adams's campaign to lift the gag rule, joined each year by more and more northern members of Congress, revealed how the slavery issue promoted a virulent sectionalism and ultimately played a part in southern secession and the Civil War. A lively narrative intended for history classrooms and anyone interested in abolitionism, slavery, Congress, and the coming of the Civil War, John Quincy Adams and the Gag Rule, 1835-1850, vividly portrays the importance of the political machinations and debates that colored the age.

An essential, rigorous, and lively introduction to the beginnings of American law.How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries.Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.

A lively synthesis of early American history, now in its third edition.The Brave New World covers the entire span of early American history, from 30,000 years before Europeans landed on North American shores to the Revolutionary War. With its exploration of the places and peoples of early America, this comprehensive new edition of a classic textbook brings together the most recent scholarship on the colonial and revolutionary eras, Native Americans, slavery and the slave trade, politics, war, and the daily lives of ordinary people.In this edition, Peter Charles Hoffer incorporates the wealth of innovative work on early American history, including fresh material on• environmental history• the Dutch and French Caribbean• Indigenous societies• consumer goods• mapping• captivity tales• settler imperialism• power—who has it, who wants it, how it is expressed, and how it is opposedEmphasizing how diverse and entangled the early American imperial world was, this edition also greatly expands the geographical scope of the book. An updated bibliographic essay offering short descriptions of relevant books, articles, collections, and anthologies rounds out the volume. Wide-ranging and inclusive, The Brave New World continues to provide students, instructors, and historians with an engaging and accessible history of early North America.

Finalist, 2025 PROSE Awards: Legal Studies and Criminology A history of the humble footnote and its impact on the highest court in the landIn May 2022, a seismic legal event occurred as the draft majority opinion in Dobbs v. Jackson Women's Health was leaked. The majority aimed to eliminate constitutional protection for abortion. Amidst the fervor, an unnoticed detail emerged: over 140 footnotes accompanied the majority opinion and dissent. These unassuming annotations held immense significance, unveiling justices' beliefs about the Constitution's essence, highlighting their controversial reasoning, and laying bare the vastly different interpretations of the role of Supreme Court Justice.The Supreme Court Footnote offers a study of the evolution of footnotes in US Supreme Court opinions and how they add to our constitutional understanding. Through a comprehensive analysis, Peter Charles Hoffer argues that as justices alter the course of history via their decisions, they import their own understandings of it through the footnotes. The book showcases how the role of the footnote within Supreme Court opinions has evolved, beginning with one of the first cases in the history of the court, Chisholm v. Georgia in 1792 (a case concerning federalism vs. states' rights) and ending with the landmark Dobbs v. Jackson case in 2022. Along the way, Hoffer demonstrates how the footnotes within these decisions reflect the changing role of the Supreme Court Justice, along with how interpretations of the constitution have transformed over time.At once surprising and revealing, The Supreme Court Footnote proves that what appears below the line is not only a unique window into the history of constitutional law but also a source of insight as to how the court will act going forward.