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Introduction: The Age of Federalisms
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Published:May 2024
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Abstract
The period between 1815 and 1861 witnessed a transformation in American constitutional law and politics. This book argues that these decades were a foundational era of both constitutional crisis and creativity. It thus upends the conventional story of the period as a hiatus between the “real” constitutional moments of the founding and Reconstruction. The introduction sets forth five central claims. First, the interbellum era was a distinct period. Second, the book rejects two orthodox conceptions of constitutional debates in this period: the view of federalism as a binary between state and federal power, and the view that the valence of federal power was necessarily toward abolition and emancipation, and against slavery. Third, the book argues that concurrent power was central to interbellum constitutional debates, distinguishing the era from both the founding and the post–Civil War period. The key domains in which concurrent power operated were commerce, migration, and slavery. Fourth, the book argues that the Constitution’s commerce powers were the crucible for interbellum battles over federalism. Finally, the book examines the many and varied meanings of “union” in the political and legal debates of the period.
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