ii ACKNOLEDGEMENTS iv INTRODUCTION 1 CHAPTER ONE: THE ROAD TO CONSCRIPTION 47 CHAPTER TWO: CONSTITUTIONAL CONSERVATIVES BATTLE CONSCRIPTION IN CONGRESS 85 CHAPTER THREE: CONTESTING THE CONSCRIPTION ACT IN NEW YORK 127 CHAPTER FOUR: CONFLICT AND CONSTITUTIONALISM IN THE KEYSTONE STATE 174 CHAPTER FIVE: THE HIGH WATERMARK FOR CONSTITUTIONAL CONSERVATIVES: KNEEDLER V. LANE 205 CONCLUSION: POST-1863 JUDICIAL BATTLES AND 20TH CENTURY CHALLENGES TO CONSCRIPTION 254 BIBLIOGRAPHY 304

/pdf/courtroom-wars-constitutional-battles-over-conscription-in-ittosiglz2.pdf

Courtroom Wars: Constitutional Battles over Conscription in the Civil War North

ABSENTEE SOLDIER VOTING IN CIVIL WAR LAW AND POLITICS by DAVID A. COLLINS December 2014 Advisor: Dr. Marc W. Kruman Major: History Degree: Doctor of Philosophy During the Civil War, twenty northern states changed their laws to permit absent soldiers to vote. Before enactment of these statutes, state laws had tethered balloting to the voter’s community and required in-person participation by voters. Under the new laws, eligible voters – as long as they were soldiers – could cast ballots in distant military encampments, far from their neighbors and community leaders. This dissertation examines the legal conflicts that arose from this phenomenon and the political causes underlying it. Legally, the laws represented an abrupt change, contrary to earlier scholarship viewing them as culminating a gradual process of relaxing residency rules in the antebellum period. In fact, the laws left intact all prewar suffrage qualifications, including residency requirements. Their radicalism lay not in changing rules about who could vote, but in departing from the prewar legal blueprint of what elections were and how voters participated in them. The changes were constitutionally problematic, generating court challenges in some states and constitutional amendments in others. Ohio’s experience

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Absentee soldier voting in Civil War law and politics

Your obedient servant: government clerks, officeseeking, and the politics of patronage in antebellum washington city

/pdf/a-vast-and-varied-opposition-the-shifting-war-democrat-peace-3aplkimz1v.pdf

A vast and varied opposition: The shifting War Democrat - Peace Democrat continuum in Civil War Pennsylvania

This project looks into one of the most profoundly important aspects of a president’s job, namely, making appointments to the Supreme Court. Article II of the Constitution tasks the president with appointing justices to the Supreme Court, by and with the advice and consent of the Senate, but gives little further instruction as to what that might entail. Over time, both the executive and legislative branches have forged their own paths in what has become a fairly complex and extraconstitutional governmental process. By shedding light on the factors that presidents take into account when making such nominations, this paper seeks to examine what can happen when part of that process goes awry, specifically, by looking at President Eisenhower’s three botched appointments of Justices Warren, Brennan, and Whittaker. In Eisenhower’s view, two of the three were viewed as political or ideological mistakes, and the third has widely been regarded as a failure by historians and scholars of the Court for other reasons. This thesis delves into the stories surrounding these three appointments, with the intent of extrapolating how the appointments came to be. It examines the roles of Eisenhower and his Attorney General, Herbert Brownell, and seeks to analyze the decision-making style of the Eisenhower administration and learn how, if at all, Eisenhower’s military experience may have contributed to his “three greatest mistakes.”

/pdf/caveat-emptor-lessons-from-the-eisenhower-presidency-a-3ekkzxrziw.pdf

Caveat Emptor, lessons from the Eisenhower presidency : a comprehensive overview of the politics of judicial appointments and Ike's three "Biggest Damn-Fooled Mistakes"

EARLY IN HIS ADMINISTRATION, THE NEWLY elected James K. Polk received a sharp political rebuke from senators in his own party. On January 22,1846, the Senate, containing a supposedly comfortable Democratic majority of six (31-25), voted twenty-nine to twenty against confirming Pennsylvania jurist George Washington Woodward to the Supreme Court of the United States. For various reasons, six Democrats crossed party lines to join twenty-three Whigs in a mutual endeavor to humiliate Woodward. The judge was not the first candidate to experience defeat; in fact, he was the ninth person discredited by rejection, withdrawal, postponement, or by not being acted upon. He was, however, only the fourth victim of outright Senate repudiation, and the first Pennsylvanian so

/pdf/polk-politics-and-patronage-the-rejection-of-george-w-3gml8a0185.pdf

Polk, Politics, and Patronage: The Rejection of George W. Woodward's Nomination to the Supreme Court

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Polk, Politics, and Patronage: The Rejection of George W. Woodward's Nomination to the Supreme Court