When States Rights Were Emancipatory and Federalism was Restrictive: The Interbellum Constitution of 1812-1865

When States Rights Were Emancipatory and Federalism was Restrictive: The Interbellum Constitution of 1812-1865

Today, the words “federalism” and “originalism” are bandied about in the news almost daily, but to get at the underpinnings of these modern interpretations of constitutional law, it is essential to look at how the Constitution was being interpreted and applied during the crucial period of 1815-1861, between the end of the War of 1812 and the beginning of the Civil War.

Early nineteenth-century Americans found themselves consumed by arguments about concurrent power—the areas in which the Constitution had left the line between federal and state authority unclear. The scope of specific concurrent powers became increasingly important, and controversial, in the early nineteenth century. In 1815, the most pressing political and legal issues increasingly concerned situations in which multiple layers of governmental power overlapped—and the Constitution provided no clear delineation. Moreover, the choice of which level of government regulated each subject had dramatic consequences for the policy that resulted.

To explore this topic is today’s guest, Alison LaCroix, author ofThe Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms.” We see just how deeply these constitutional questions dominated the discourse of the time.

See omnystudio.com/listener for privacy information.

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For nearly two thousand years, swords reigned as humanity's weapon of choice—the first tools designed exclusively to kill other humans rather than hunt animals. When archaeologist Paul Gething redisco...

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How Two California Wines Shattered Centuries of French Supremacy in a Blind Taste Test

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In 1976, nine French wine judges did the unthinkable: they blindly selected two California wines over France's most elite vintages in what became known as the Judgment of Paris. This shocking upset se...

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Why America's Military Never Became a Threat to Democracy

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How Christianity Shaped America's 500-Year Mission to Become a Holy Land

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Thomas Jefferson’s 1802 letter to the Danbury Baptists famously described the First Amendment as building a "wall of separation between church and State." This line has been the gold standard for thos...

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Every Communication Breakthrough—From Cave Art to AI Video—Exists to Tell Stories

Every Communication Breakthrough—From Cave Art to AI Video—Exists to Tell Stories

There’s an argument to be made that every technology advance in communication – from cave paintings to fake AI movie trailers – is at its root an attempt to tell stories. Our first night-fires created...

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