December 2, 2021

Noah Feldman

Harvard Book Store's virtual event series welcomes Harvard Law Professor NOAH FELDMAN—author of The Three Lives of James Madison and Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices—for a discussion of his latest book, The Broken Constitution: Lincoln, Slavery, and the Refounding of America. He will be joined in conversation by Pulitzer Prize–winning historian ANNETTE GORDON-REED, author of The Hemingses of Monticello: An American Family.

Details

Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution?

In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals.

The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues.

About Author(s)

Noah Feldman is the Felix Frankfurter Professor of Law at Harvard Law School, a columnist for Bloomberg Opinion, and host of Pushkin Industry’s Deep Background podcast. He is the author of ten books, including The Three Lives of James Madison and Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices.

Annette Gordon-Reed is the Carl M. Loeb University Professor at Harvard. Gordon-Reed won sixteen book prizes, including the Pulitzer Prize in History in 2009 and the National Book Award in 2008, for The Hemingses of Monticello: An American Family (W.W. Norton, 2008). In addition to articles and reviews, her other works include Thomas Jefferson and Sally Hemings: An American ControversyVernon Can Read! A Memoir, a collaboration with Vernon Jordan, Race on Trial: Law and Justice in American History, a volume of essays that she edited, Andrew Johnson, and, with Peter S. Onuf, “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the Imagination. Her most recent book is On Juneteenth (Liveright Publishing, 2021).