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March 30, 2007

Andrew Jackson and the Constitution

Yesterday I received in the mail my copy of Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes by Gerard N. Magliocca. At various periods spanning two years I served as a research assistant to Prof. Magliocca on this project. He is, without reservation, the finest professor I've ever had in seven years of higher education. Working with him was a pleasure.

I say all of the above to note from the outset that I may be a bit biased in my review. But I suspect that every historian and legal scholar will enjoy Magliocca's book about the continual rebirth of our Constitution. Focusing primarily on the Jacksonian era - an all too forgotten period in American history because of its lack of major wars - Magliocca takes us on a journey which first traces the rise of Jacksonian Democracy, and the rise of states' rights and white supremacy in the Indian Removal Act. He then explores Jackson's successful attempt to pack the Court following the establishment's efforts to expand federal authority.

After taking us through the rise of Jacksonian Democracry, Magliocca observes all of the many ways in which the new order must deal with responses to its power - abolitionism, the growth of the Republican Party and, ultimately, the 14th Amendment, which became the "central legal text for all time."

The value in Magliocca's work is that it is neither a history book nor an instruction on how the Constitution should be read. Rather, it is about how our Constitution changes in a predictable cycle. Magliocca writes:

"The only thing that remains constant from age to age is the pattern by which this desire for reform unfolds. Understanding that process of collective rebirth can unlock the mysteries of our constitutional past, present, and future."

History is largely built upon the constant struggle of reformers and conservatives, and this dynamic, Magliocca argues, shapes the nation as much as the creativity of judicial decisions. Click the link to the right to order the book, and click here for more on Prof. Magliocca.

Posted by Joshua Claybourn at March 30, 2007 05:57 PM

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Posted by: Doug at March 30, 2007 08:15 PM | permalink

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