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May 9, 2018|Bill for Establishing Religious Freedom, Federalism, Sally Hemings, Slavery, Thomas Jefferson, Thomas Jefferson - Revolutionary, UVA

 Thomas Jefferson’s Legacy

by Mark Pulliam|

Washington, DC - Jefferson Memorial
In Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America historian Kevin Gutzman examines the legacy of Jefferson.

April 16, 2018|John C. Calhoun's Theory of Republicanism, John G. Grove, John Locke, Missouri Crisis, Nullification, Slavery

John C. Calhoun, Madisonian Manqué

by Thomas W. Merrill|

His institutional innovations were geared toward preserving slavery.

March 14, 2018|Abraham Lincoln, David Waldstreicher, Originalism, Paul Finkelman, Slavery

The Constitution: A Pro-Slavery or Anti-Slavery Document?

by Allen Guelzo|

The U.S. Constitution (Derek Hatfield / Shutterstock.com)
The most telling evidence in the debate over slavery in the Constitution is how the pro-slavery forces responded to Lincoln's election.

March 1, 2018|Conversations, Forrest Nabors, From Oligarchy to Republicanism, Governor Henry Wise, John Calhoun, Robert Brown Elliott, Slavery

New Birth of Freedom Betrayed

by Forrest A. Nabors|

Prisoners from the Front, Winslow Homer, 1866 (metmuseum.org)
Calhounian constitutionalism worked toward overthrowing republicanism and establishing oligarchy as the new model of government in the United States.

February 5, 2018|John Quincy Adams, Missouri Compromise, Robert Goldwin, Slavery, Three-Fifths Clause

Three Fifths of All Other Persons

by Diana Schaub|

Newspaper engraving from 1864 (NYPL digital collections)
J.Q. Adams decried the constitutional clause that enhanced the power of the slave masters.

January 22, 2018|Colonization, John Calhoun, John Quincy Adams, Slavery, Thomas Jefferson, Three-Fifths Clause

J.Q. Adams, Diarist

by Diana Schaub|

He saw “the hideous reality of the slave ascendency in the Government of this Union" and set about resisting it.

July 13, 2017|Jefferson: Architect of American Liberty, John Boles, Joseph Ellis, Merrill Peterson, Sally Hemings, Secession, Slavery, Thomas Jefferson

Making Jefferson Safe for the Historians        

by Kevin Gutzman|

Washington, DC - Jefferson Memorial

Rice University’s John Boles was for many years (1983-2013) editor of The Journal of Southern History, which after The Journal of American History is the most-cited scholarly journal in the field of American history. In that position, he had substantial influence on, besides being substantially influenced by, the shape of the field today. Jefferson: Architect of American Liberty comes as a kind of valedictory.  As in his earlier work, Boles is self-consciously guided in writing it by recent developments in academic historiography. Contemporary politics make themselves felt in his story of the Master of Monticello, too. A full one-volume account has long…

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April 18, 2017|Federalism, Freedom of Religion, Kevin Gutzman, Slavery, Thomas Jefferson - Revolutionary, University of Virginia, Wall of Separation

The Radical Jefferson: A Conversation with Kevin Gutzman

by Kevin Gutzman|

In this edition of Liberty Law Talk historian Kevin Gutzman discusses his latest book, Thomas Jefferson—Revolutionary. We focus on Jefferson's account of federalism, conscience rights, education, and race.

October 14, 2016|free blacks, Nat Turner, Nate Parker, Slavery

Liberate the Captives

by Mark Judge|

The Birth of a Nation has been called a classic revenge movie—Braveheart set in antebellum America—and it’s a largely accurate assessment. This is a biopic of Nat Turner, a slave who led a rebellion in 1831 of slaves and free blacks in Southampton County, Virginia, that resulted in the deaths of some 55 to 65 white people. In retaliation, white militias and mobs killed more than 200 black people before hanging Turner.

Something crucial has been left out of that assessment, though.

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August 25, 2016|

Law and Tradition in America: Marc DeGirolami Replies

by Marc DeGirolami|

I am grateful for the learned responses of Professors Bernstein, Levinson, and Stoner to my Liberty Forum essay on law and tradition. Of course, it will not be possible to reply to each point. But it may be simplest to consider the arguments of Professors Bernstein and Stoner together, before more particularly addressing Professor Levinson’s. Bernstein and Stoner are positively inclined toward investigating the connection of tradition and American law, though in different degrees. Professor Bernstein argues that though the common law does depend upon custom and tradition, it has been colonized in more recent decades by intellectual movements that are…

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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