Justice Curtis, lawyer for President Andrew Johnson at the Senate impeachment trial
Justice Curtis in the Civil War Era: At the Crossroads of American Constitutionalism (University of Virginia Press, 2005) examines the age of Civil War as a critical juncture in American constitutional development through an in-depth analysis of Supreme Court Justice Benjamin R. Curtis. In this time when the Constitution was radically transformed from a charter that protected slavery to one granting all persons equal rights of citizenship, Curtis, best known for dissenting from the Court’s proslavery ruling in the Dred Scott case, was deeply involved in the leading constitutional controversies of his day. He clashed with Boston abolitionists over the enforcement of the Fugitive Slave Act. During the war, he opposed the Emancipation Proclamation, and he publicly challenged President Abraham Lincoln's use of military tribunals. Curtis later represented President Andrew Johnson in the nation’s first presidential impeachment trial. His was an influential voice in the perennial power struggle between the states and the national government. By using the justice’s life and work as a lens onto the most serious constitutional crisis in U.S. history, this study sheds light on how the idea of American constitutionalism was itself fiercely contested in this turbulent time. Visit University of Virginia Press.
“First-rate job.”
“A fascinating story.”
“Masterfully fills that gap.”
“Nuanced and original analysis.”
“First-rate job.” “A fascinating story.” “Masterfully fills that gap.” “Nuanced and original analysis.”
“Stuart Streichler has now provided a comprehensive, readable, and sympathetic biography of Justice Curtis that masterfully fills that gap and hopefully will bring new attention to this important nineteenth-century figure. . . . Curtis had a long and complicated career debating the meaning and implications of the Constitution, and Streichler provides a welcome introduction to those debates and Curtis’s role in them.”
— Keith E. Whittington, William Nelson Cromwell Professor of Politics, Princeton University“In this important new book, Stuart Streichler finally gives Benjamin Curtis the sustained scholarly attention he deserves and makes a persuasive case that we need both to rethink the traditional understanding of Curtis’s dissent [in the Dred Scott case] and to restore him as one of the leading constitutional thinkers of his era. . . . a nuanced and original analysis of the different opinions in Dred Scott. . . . If only to better understand the meaning and dynamics of Scott v. Sandford, there has long been a need for a biography of Benjamin Curtis. Not only has Streichler admirably met this need, he has also successfully made Curtis an essential part of the discussion of constitutional thought and interpretation in the era of the Civil War”
— Daniel W. Hamilton, formerly Dean, Boyd Law School, University of Nevada, Las Vegas
“Relating the law in action to the underlying ideas and
wider social context, Streichler’s [Justice Curtis] is a model study
of the American legal mind at work.”
–Tony A. Freyer, Professor Emeritus, University of Alabama
“An excellent work. . . . adds considerable insight into the evolving nature of nineteenth-century constitutional history.”
— American Journal of Legal History“A graceful and rewarding study of jurisprudence-in-action, making this one of those rare books that sits comfortably both in the research library and on the nightstand. . . . A fascinating story. Streichler’s prose is fluid, and he is particularly deft at explaining difficult legal concepts in plain English. Anyone wishing to understand more about the transforming power of the Civil War era on American constitutional thought and practice will benefit from reading this book. . . . A first-rate work on an important figure.”
— H-Net Reviews in the Humanities & Social Sciences“Curtis was an extremely important political and legal figure during the nineteenth century. . . . Professor Streichler does a first-rate job. No need exists for a further biography.”
— Mark Graber, Carey School of Law, University of Maryland
“The depth and breadth of Streichler's research is impressive, and his dedication to use of original documents is a testament to the efforts he put into this work. . . . The chapter dedicated to Curtis’s defense of Andrew Johnson during his impeachment trial should be required reading for students of American Politics or the presidency.”
— Law and Politics Book Review“Clear and engaging writing style. . . . A remarkable grasp of the meaning and the implications of Curtis' own work.”
— Civil War Book Review“An excellent book. Professor Streichler writes with a clarity and occasional wit not always found in academics’ prose.”
— Massachusetts Lawyers WeeklyA “wonderfully clear and cogent intellectual history of Curtis’s legal legacy.”
— R. Owen Williams, Chicago-Kent Law Review“Thorough, informative, and insightful study of Curtis's role in the constitutional debates of the Civil War era.”
— Continuity and Change