When drafting any written constitution or even any law, there is a question of whether every right should be explicitly laid out in the document. Where there are express rights in a constitution—such as the right to freedom of speech—a reader (including judges) may conclude that the list of rights are exhaustive and that there are no rights but those mentioned in that constitution. A reader could also reason that those rights which are expressed in the constitution are not a complete list but only the most important rights and may, in fact, include other rights. Additionally, a constitution may have express prohibitions such as the United States Constitution at Article I, Section 9: “The privilege of the writ of Habeas Corpus shall not be suspended.” Questions of interpretation, such as these, led to debates between friends in the winter of 1787 and 1788, and a letter from Thomas B. Wait to George Thatcher illustrated those debates.
Americans’ trust in their government has always ebbed and flowed, and those ebbs and flows have largely depended on whether the government and its officers have acted in ways that earned the trust of its citizens or in ways that led the government to be mired in scandal—therefore sullying its reputation. Some of the largest ebbs in trust have come after officials in the top echelon of government—Senators, Representatives, Presidents and their cabinets—have used their offices for their own benefit. Two months before the election of 1872, news broke of a scandal that would extend well into 1873 and implicate politicians as prominent as the Vice President, and that scandal foreshadowed the ways in which big business and politics would intertwine in not only the Nineteenth Century but the Twentieth and Twenty-First Centuries.
Throughout the history of the United States, there have been numerous instances where its citizens questioned whether the Constitution and its amendments were sufficiently protecting the liberties of the people. Those questions have led to substantial change—such as the amendments to the Constitution and laws that furthered the Constitution’s objectives, like the Civil Rights Acts—and yet, the American people’s perspective on the Constitution and the liberty it affords has often been one of disenchantment.
During the Gilded Age, millions of Americans saw their work lives transform: no longer would it be so common for the working man or woman to survive based on what he or she produced; rather, that worker would receive payment—from an employer or a contractor—for the time worked. That change allowed for the possibility during the Gilded Age for the older generation to reflect on their younger years, before the Civil War, and how they had sold most of what they had grown or made (and how they had then needed a wide variety of skills to not only grow or make those goods but to bring those goods to market and actually sell them). During the Gilded Age, that same generation could have been working the last years of their working lives reporting to a factory for work; work that likely had a significant element of danger and that may have required them to use a fraction of the skills that had served as their saving grace during their younger years. For the generations of Americans that have come after the Gilded Age, the system of wage labor has been no oddity. It became a substantial part of the modern way of life and not only in America. What would have struck and should strike subsequent generations, however, were the mechanics of the American economy in which wage labor was born and how the wage labor system in its rawest form did not extend even some of the most basic protections to workers.
Impeachment of a president has become a feature within the Constitution that is colored by its uses throughout history: the impeachments of Andrew Johnson, Bill Clinton, and Donald Trump and the near-impeachment of Richard Nixon. While none of the impeachment proceedings resulted in conviction—and thus removal—of a president, those proceedings illustrated how Congress would deliberate over the solemn task that the Constitution assigned it. At the time the Constitution was facing ratification, it remained unclear how Congress would actually remove a president, and one author, writing under the name Luther Martin, opined in the Maryland Gazette that Congress would never remove a president—and thus far, Martin has been correct.
The two dominant American political parties of the late 1860s, the Republicans and the Democrats, are the parties that continue to dominate the political landscape into the early Twenty-First Century. Although they are the same parties in name, many of the policies they espouse—and the place on the political spectrum their supporters find themselves—have almost entirely reversed in the intervening century and a half. In modern parlance, a liberal is one that finds himself or herself on the left side of the political spectrum and is more likely to be a member of the Democratic Party. In the late Nineteenth Century, the term had an entirely different meaning. Read more
Every form of government known to human history has been presented—on occasion—with the possibility of revolution or, perhaps euphemistically, a drastic reform of that government’s structure. While the causes may vary for a revolution or reform, the discontent that precedes it is universal: massive parts of the citizenry feel disillusioned with the government’s ability or will to act in the citizens’ best interest. It is at that point that the defects in the government are most evident, and it is at that point that citizens decide whether those defects can and should be corrected or whether fundamental change is necessary. Read more
In 1864, as the election neared, President Abraham Lincoln, a Republican, wagered that his re-election prospects depended on having a unity ticket: rather than choose a fellow Republican for the nomination for Vice President, he opted for a War Democrat and southerner, Andrew Johnson. With Johnson being from the South, condemning the Confederacy, and supporting the prosecution of the Civil War without negotiated peace—unlike the faction in his party known as the Copperheads (which called for immediate peace negotiations with the Confederacy)—he served as a useful balance to the Republican, Lincoln, whose party was increasingly vocal about abolition and subjugating the South, political issues that chilled some parts of the electorate to Lincoln. By 1868, much had changed. Lincoln had been assassinated, Johnson had poorly navigated Washington politics (and had come to within one vote of the Senate removing him from the presidency), and Ulysses S. Grant had continued his meteoric rise in popularity. There was little doubt that Grant would be the Republican nominee; he was one of the most popular Americans of the 1860s and would remain so for the duration of the 19th Century. The bigger questions were who the Democratic Party would choose as its nominee and whether that nominee would have a chance at becoming the first Democrat elected to the Presidency in twelve years—when James Buchanan won the election of 1856. Read more
A Cumberland County Mutual Improvement Society Addresses the Pennsylvania Minority
Carlisle Gazette, (Pennsylvania), January 2, 1788
One of the most frequent dooming political predictions that Americans—of any political persuasion—tend to make is that the end of the Republic, and therefore the end of liberty, has come. This prediction even goes back to the debate of the Constitution in 1788, which a minority in the State Convention of Pennsylvania opposed. The prediction persists because the circumstances under which a republic ends are amorphous as the Cumberland County Mutual Improvement Society’s makes clear in its address supporting the minority at the State Convention:
“The history of mankind is pregnant with frequent, bloody, and almost imperceptible transitions from freedom to slavery. Rome, after she had been long distracted by the fury of the patrician and plebeian parties, at length found herself reduced to the most abject slavery under a Nero, a Caligula, &c. The successive convulsions, which happened at Rome, were the immediate consequence of the aspiring ambition of a few great men, and the very organization and construction of the government itself.”
Although America, by 1870, was still not one hundred years into its life as a country, it had the blessings and curses of an industrialized nation—some inherited from the British but others uniquely American.[i] Among the blessings was widespread prosperity: the United States then had “74 percent of British and 128 percent of German per-capita income.”[ii] Although many Europeans had come to see America as a country filled with “little more than amiable backwoods-men not yet ready for unsupervised outings on the world stage,” those Europeans had erred in reaching that conclusion as was evident at the London Crystal Palace exhibition of 1851 when Americans showed their latest inventions in their “outpost of wizardry and wonder” with machines that “did things that the world earnestly wished machines to do—stamp out nails, cut stone, mold candles—but with a neatness, dispatch, and tireless reliability that left other nations blinking.”[iii] But that presentation of the United States to the world lacked the nuance that was evident to those who toured the country; prosperity may have been widespread, but it was not equally distributed and it was not without hardship.