Law, The Supreme Court, and the Constitution, 1840–1880

The history of law and the Constitution during the middle decades of the nineteenth century mirrored the extraordinary changes of the era. Economic expansion, war and emancipation, and postwar reconstruction shaped and responded to constitutional developments brought about by all three branches of the national government. During the antebellum era, the U.S. Supreme Court promoted economic growth and solidified slaveholders’ rights. During wartime President Abraham Lincoln exercised extraordinary executive power in order to preserve the Union and initiate emancipation. And after the war, Congress took the lead in amending the Constitution to end slavery, guarantee black citizenship and civil rights, and protect against discrimination in voting. All of these revolutionary changes occurred within the context of the American Constitution’s unique commitment to the separation of powers, federalism, and popular participation in government. Ultimately, although the enforcement of these new constitutional guarantees proved uneven, the period witnessed a stunning transformation in the nation’s constitutional discourse, from upholding the rights of slaveholders to protecting the rights of the formerly enslaved. This essay traces the broad outlines of the history of American constitutionalism during the era of sectional conflict, while also laying out possibilities for further historical investigation. ¹