The Civil War and the American Constitutions

(1 Credit Hour) · Undergraduate

This course will explore the American Civil War, the nation’s greatest constitutional crisis, by examining the constitutional and legal conflicts that triggered war, the constitutional issues faced by both sides as they attempted to prosecute the war, and the constitutional legacy the war left on the U.S. Constitution. Topics we will explore include states’ rights constitutionalism, secession, the nature of the Union, race-based slavery as a constitutional issue and political puzzle, emerging questions about “war powers” of the president on both sides, popular understandings (North and South) of wartime constitutional developments, and war-related issues, including the suspension of the writ of habeas corpus, military conscription, exemption, military tribunals, and emancipation. Our goal will be to understand this unique and fascinating chapter in American history through the lens of American constitutionalism and from the perspective of both sides. Course writing assignments will draw from questions explored in our class readings and discussions.