USA in Modern Times: society, State and law. Part 2. 1800-1877 years

The textbook examines the processes of development of American civilization in the XIX century, assesses various aspects of the life and activities of the American state. Special attention is paid to the most important periods, such as "Jeffersonian democracy", "the era of good consent", "Jacksonian democracy", "the brewing of inevitable conflict", the Civil War and Reconstruction. The political activities of American presidents, various parties and movements are analyzed. A separate chapter is devoted to the development of law in the XIX century . It is intended for students of historical faculties studying the academic discipline "History of regions (on the example of the USA)", students of historical and law faculties studying the history of the USA in Modern times, the history of international relations, the development of the state and law of this country, the constitutional law of foreign countries, as well as for students of cultural studies, students of foreign language faculties and anyone interested in the history of the USA.

Dispute on a Popular Election of Judges in American Public Discourse during Period of “Jacksonian Democracy”

The article presents the debate that took place between supporters and opponents of popular election of judges in the United States during the so-called “jacksonian democracy” (also called populist democracy) from the early thirties of the 19th century to the outbreak of the Civil War. Starting from the presidency Andrew Jackson, the political fight between mere people represented by the Democratic Party, and the elites whose interests defended the Whigs Party took place in the US. The subject of the dispute has become a demand for a broader participation of the people to exercise power and democratization of the existing oligarchic republic, through the extension of electoral rights and widespread elections as methods of casting most public office. One of the subjects of the dispute during the state constitutional conventions was the issue of popular elections of judges. The implementation of popular election system demanded Democrats emphasizing the importance of democratic legitimacy for the independence of the judiciary and the development of the Judicial Review. Against the popular elections of judges were Whigs convinced that this will lead to the fall of authority of the judiciary and make it subject of Parties' competition. The author indicates that the debate ended with the victory of democrat postulates and introducing the popular election of judges in most states. However, lawyers participating in constitutional conventions, representing both Democrats and Whigs, have introduced a number of institutions ensuring the independence of the judiciary and the possibility of effective implementation of the judicial review. Political changes from the period of Jakcson’s democracy have contributed to raising the authority of the judges and strengthened the role of judiciary in the American political system.

John Quincy Adams: Architect of American Empire

John Quincy Adams was one of the most significant statesmen-intellectuals of the Early American Republic. Highly intelligent, well-traveled, and massively educated, Adams was a Christian nationalist who believed that the American Republic was destined to be a shining example of democracy and liberty to the rest of the world. He was profoundly influenced by his parents, John and Abigail, and embraced his father’s political philosophy which was rooted in a written constitution and a strong three branch government constrained by checks and balances. Adams served as US minister to several European nations before becoming secretary of state in 1817 and then the sixth president of the United States in 1824. He began life as a Federalist but strongly supported the foreign policies of the Jefferson and Madison administrations. The three pillars of his foreign policy were neutrality toward Europe, continental expansion, and hemispheric hegemony. Adams chaired the US delegation that negotiated the Treaty of Ghent in 1814 and was the driving force behind the Convention of 1818 and the Transcontinental Treaty of 1819. Adams partnered with President James Monroe in formulating the Monroe Doctrine in 1823, which canonized the principles of the two hemispheres including European non-colonization in the Western hemisphere and US non-interference in European affairs. Domestically, Adams was a relentless exponent of the American System in which the federal government would fund a system of internal improvements—turnpikes, canals, ports—that would create a national market and bind the various regions together by means of a national economy. In this, he was disappointed in part because he had the misfortune to be president when Jacksonian democracy was taking hold in America and distrust of the federal power was growing. Defeated for re-election by Andrew Jackson in 1828, Adams briefly retired from public life but then accepted election to the House of Representatives in 1830 where he served until his death in 1846. In the House, he proved to be an avid opponent of the further extension of slavery into the territories, and ironically, of further continental expansion. He became convinced that a civil war was inevitable but held abolitionists at arm’s length because of their rejection of the Constitution as a means to achieve racial justice in America. Adams died with a deep sense of failure, believing that his earlier career as an expansionist had produced not an empire of liberty but an empire of slavery.

Jackson Men

This chapter surveys the early history of the Democratic Party and traces Stephen Douglas and Jefferson Davis’s paths into national politics. First, it charts the rise of Jacksonian Democracy in the 1820s and 1830s, using the career of Martin Van Buren to highlight the strengths and weaknesses of the party’s cross-sectional coalition. Although successful in winning elections and notching policy victories, the Democratic Party suffered from ominous sectional divisions. These became especially alarming in the 1840s, just as Douglas and Davis entered Congress. Loyal to Jackson and devoted to the Democracy, Davis and Douglas entertained divergent visions for the party’s future. Douglas embraced the party’s populist rhetoric, muscular expansionism, and commitment to white men’s egalitarianism. Davis regarded the party as an instrument for protecting slavery by making preservation of masters’ property rights a national imperative. Friction between these rival Democrats shaped both men’s careers from the moment they stepped onto the national political stage.