Download Our Secret Constitution: How Lincoln Redefined American by George P. Fletcher PDF

By George P. Fletcher

During this perspective-altering new ebook, George P. Fletcher asserts that the Civil battle was once the main major occasion in American legal heritage, an occasion that not just abolished slavery and adjusted the legislation of the land but additionally created a brand new set of ideas that maintains to steer our considering at the present time.

a lot as historians and lawmakers attempt to keep up a continuity with the structure of 1787, Fletcher indicates that the Civil warfare offered a rupture not just among North and South yet among visions of the us. the 1st structure used to be in keeping with the rules of peoplehood as a voluntary organization, person freedom, and republican elitism. the govt. selected by way of "We the People" sought, specifically, to guard the rights of people and to restrict the management of the country to a opt for few. It was once a structure, in addition, that accommodated the main undemocratic establishment that you can imagine: slavery. the second one structure, cast at the killing fields of Vicksburg and Antietam, articulated in Lincoln's visionary Gettysburg tackle, and enacted within the 13th, Fourteenth, and 15th Amendments, reinvented the U.S. in response to the rules of natural nationhood, equality of all individuals, and well known democracy. Fletcher indicates how those larger rules, although suppressed for many years, form our sensibilities this day in our efforts to extend the diversity of these safe as equivalent less than the legislations, to advertise equality within the office, to defend the pursuits of these who're at a aggressive drawback, to reconsider the bounds of loose speech and of non secular liberty, and to amend the structure within the spirit of renowned democracy.

Written with ardour, readability, and sweeping ancient wisdom, Our mystery Constitution will essentially swap the best way we view our prior and produce new readability to the problems we confront this day.

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Additional info for Our Secret Constitution: How Lincoln Redefined American Democracy

Example text

Those who frame constitutions and constitutional amendments obviously have some purpose in mind, but the purposes are typically abstract. If they want to bring about equality among all Americans, they do not want to be bothered with working out precisely what equality means at each stage of historical evolution. If you had asked them whether, ninety years later, the schools should be desegregated, they would have been nonplussed by the question. "Well, that is the reason we have courts," would have been the typical reply.

Four score and seven years ago... By 1863, a historical consciousness had taken hold in American thinking. Rooting ourselves in the past stands in sharp contrast to the preamble of the 1787 Constitution, which begins simply, without setting the context: "We the people of the United States, in order to form a more perfect Union. . " There is no reference in the 1787 document to the first settlement dating back some 160 years, no sense that the new country was the outgrowth of an English-speaking culture across the seas.

The idea that Americans constituted an organic national unit explained, implicitly, why the eleven Southern states could not go their own way. As he assumed the presidency, Lincoln still spoke of the Union rather than a nation; but in the course of the debates in the decades immediately preceding, the notion of union had acquired the metaphysical qualities of nationhood. In his first inaugural address, Lincoln invoked the "bonds of affection," and even before shots were fired on Fort Sumter in Charleston Harbor, he stressed the unbreakable ties of historical struggle: The mystical chords of memory, stretching from every battlefield, and patriot grate, to every living heart and hearth-stone, all over this broad land, will yet swell the chorus of the Union....

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