The Constitution In Congress: Democrats And Whigs, 1829-1861

Paperback | November 19, 2013

byDavid P. Currie

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The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers.

Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

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From the Publisher

The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with th...

From the Jacket

This acclaimed series, which has been called a biography of the U.S. Constitution, continues its examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. While legal scholars typically look to the courts for guidance in deciphering the Constitution, The Constit...

David P. Currie (1936–2007) was the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago. He is the author of the three other volumes in the Constitution in Congress series and the award-winning two-volume history The Constitution in the Supreme Court, all published by the University of Chicago Press.

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Format:PaperbackDimensions:368 pages, 9.38 × 6.63 × 0.9 inPublished:November 19, 2013Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022611631X

ISBN - 13:9780226116310

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Extra Content

Table of Contents

PREFACE

ABBREVIATIONS AND SHORTENED TITLES

Part One: Death of a System

INTRODUCTION TO PART ONE

CHAPTER 1: INTERCOURSE

I. The Maysville Road

II. Rivers and Harbors

III. Ebb Tide

IV. The Undelivered Veto

V. Congress Insists (A Little)

VI. Tonnage Duties

VII. The Iron Horse

VIII. The Golden Gate

IX. The Telegraph

CHAPTER 2: THE PUBLIC LANDS

I. The 1833 Distribution Bill

II. The 1841 Distribution Law

III. The Mad

IV. The Learned

V. The Footloose

CHAPTER 3: THE BANK WAR

I. President Jackson's Veto

II. Removal of the Deposits

A. The Statute

B. The President's Powers

C. Censure and Protest

D. Expungement

E. Ruminations

III. State Banks and State Treasuries

IV. And Tyler Too

CHAPTER 4: CUSTOMS

I. The South Carolina Exposition

II. The Hayne-Webster Debate

III. The Nullification Ordinance

IV. President Jackson's Response

V. The Compromise of 1833

VI. Cadenza

Part Two: The Kitchen Sink

CHAPTER 5: ENUMERATED AND LIMITED POWERS

I. Admiralty and Commerce

II. The Broken Bench

III. The Smithsonian

IV. Retrocession

V. Prayers

VI. Spoils

CHAPTER 6: PRESIDENT, VICE-PRESIDENT

I. The Veto

A. The President's Pocket

B. Tippecanoe

C. Mr. Tyler and the Bank

D. Mr. Clay's Amendment

E. Mr. Tyler and the Tariff

F. Winding Down

II. The Appointing Power

III. The Sanctity of the Cabinet

IV. His Accidency

V. Casting Votes and Other Quiddities

CHAPTER 7: ALL ABOUT JUDGES

I. The Impeachment of Judge Peck

II. Another Who Got Away

III. The Wheeling Bridge

IV. The Court of Claims

V. Good Behavior

CHAPTER 8: MORE MISCREANTS

I. Sam Houston

II. Miss Otis Regrets

III. The Caning of Senator Sumner

IV. The Sins of Orsamus Matteson

V. Immunity

CHAPTER 9: JUDGING CONGRESSIONAL ELECTIONS

I. Threshold Questions

II. Vacancies

A. Mississippi

B. Kentucky

C. Vermont

III. The Three I's

A. Illinois

B. Eligibility Encore

C. Indiana and Iowa

CHAPTER 10: OTHER ELECTION ISSUES

I. Districts

A. Time, Place, and Manner

B. Co-Opting the States

C. Undoing the Deed

II. The Speaker

III. The Snowstorm of 1856

CONCLUSION

APPENDIX A. DRAMATIS PERSONAE

APPENDIX B. PRINCIPAL OFFICERS, 1829-1861

APPENDIX C. THE CONSTITUTION OF THE UNITED STATES

INDEX

Editorial Reviews

“David P. Currie’s discussion is meticulous and informative. It is difficult to believe that he leaves unaddressed anything that would shed light on American constitutional development.”