Alison L. LaCroix
Federalism refers to the constitutional and political structure of the United States of America, according to which political power is divided among multiple levels of government: the national level of government (also referred to as the “federal” or “general” government) and that of the states. It is a multilayered system of government that reserves some powers to component entities while also establishing an overarching level of government with a specified domain of authority. The structures of federalism are set forth in the Constitution of the United States, although some related ideas and practices predated the founding period and others have developed since. The balance between federal and state power has shifted throughout U.S. history, with assertions of broad national power meeting challenges from supporters of states’ rights and state sovereignty. Federalism is a fundamental value of the American political system, and it has been a controversial political and legal question since the founding period.
Law in early America came from many sources. To focus exclusively on the English common law excludes other vital sources including (but not limited to) civil law, canon law, lex mercatoria (the law merchant), and custom. Also, the number of sources increases the farther back in time one goes and the greater the geographic area under consideration.
By the 18th century, common law had come to dominate, but not snuff out, other competing legal traditions, in part due to the numerical, political, military, and linguistic advantages of its users. English colonists were well-acquainted with the common law, but after arriving in the New World, the process of adaptation to new experiences and new surroundings meant that English common law would undergo numerous alterations.
Colonists in early America had to create legal explanations for the dispossession of Native American land and the appropriation of labor by enslaved Native Americans and Africans. Their colonial charters provided that all colonial law must conform to English law, but deviations began to appear in several areas almost from the first moment of colonization. When controversies arose within the colonies, not all disagreements were settled in courts: churches and merchants provided alternative settings to arbitrate disputes. In part, other groups provided mediation because there were so few trained lawyers and judges available in 17th-century colonies. By the 18th century, however, the number of trained practitioners increased, and the sophistication of legal knowledge in the colonies grew. The majority of legal work handled by colonial lawyers concerned contracts and property.
Law and the language of rights became more widely used by early Americans as the English attempted to tighten their control over the colonists in the mid-18th century. Rights and law became firmly linked with the Revolution in the minds of Americans, so much so that law, rights, and the American Revolution continue to form an integral part of American national identity.
The military history of the American Revolution is more than the history of the War of Independence. The Revolution itself had important military causes. The experience of the Seven Years’ War (which started in 1754 in North America) conditioned British attitudes to the colonies after that conflict was over. From 1764, the British Parliament tried to raise taxes in America to pay for a new permanent military garrison. British politicians resisted colonial objections to parliamentary taxation at least partly because they feared that if the Americans established their right not to be taxed by Westminster, Parliament’s right to regulate colonial overseas trade would then be challenged. If the Americans broke out of the system of trade regulation, British ministers, MPs, and peers worried, then the Royal Navy would be seriously weakened.
The War of Independence, which began in 1775, was not the great American triumph that most accounts suggest. The British army faced a difficult task in suppressing a rebellion three thousand miles from Britain itself. French intervention on the American side in 1778 (followed by the Spanish in 1779, and the Dutch in 1780) made the task still more difficult. In the end, the war in America was won by the French as much as by the Americans. But in the wider imperial conflict, affecting the Caribbean, Central America, Europe, West Africa, and South Asia, the British fared much better. Even in its American dimension, the outcome was less clear cut than we usually imagine. The British, the nominal losers, retained great influence in the independent United States, which in economic terms remained in an essentially dependent relationship with the former mother country.
Steven K. Green
Separation of church and state has long been viewed as a cornerstone of American democracy. At the same time, the concept has remained highly controversial in the popular culture and law. Much of the debate over the application and meaning of the phrase focuses on its historical antecedents. This article briefly examines the historical origins of the concept and its subsequent evolutions in the nineteenth century.
The American Revolution was an episode in a transatlantic outcry against the corruption of the British balance of power and liberty institutionalized in the Glorious Revolution of 1688–1689. English speakers during the 18th century reflected on this constitutional crisis within a larger conversation about the problem of human governance. Although many people excluded from Parliament supported political reform, if not revolution, they also sought remedies for the perversion of political power and influence in new forms of social power and influence. This article looks at the convergence of political and social discussions in a common discourse about the nature of power and the ways in which human beings influenced each other. The first section outlines the meanings of power and influence in British politics. The second section uses the novelist Sarah Fielding’s Remarks on Clarissa (1759) to delineate revolutionary notions about social power and influence. The third section turns to the speeches and writings of Edmund Burke in the run-up to the American Revolution to look at how English speakers deployed notions of social power to advocate for political reform.
Ted R. Bromund
The Special Relationship is a term used to describe the close relations between the United States and the United Kingdom. It applies particularly to the governmental realms of foreign, defense, security, and intelligence policy, but it also captures a broader sense that both public and private relations between the United States and Britain are particularly deep and close. The Special Relationship is thus a term for a reality that came into being over time as the result of political leadership as well as ideas and events outside the formal arena of politics.
After the political break of the American Revolution and in spite of sporadic cooperation in the 19th century, it was not until the Great Rapprochement of the 1890s that the idea that Britain and the United States had a special kind of relationship took hold. This decade, in turn, created the basis for the Special Relationship, a term first used by Winston Churchill in 1944. Churchill did the most to build the relationship, convinced as he was that close friendship between Britain and the United States was the cornerstone of world peace and prosperity. During and after the Second World War, many others on both sides of the Atlantic came to agree with Churchill.
The post-1945 era witnessed a flowering of the relationship, which was cemented—not without many controversies and crises—by the emerging Cold War against the Soviet Union. After the end of the Cold War in 1989, the relationship remained close, though it was severely tested by further security crises, Britain’s declining defense spending, the evolving implications of Britain’s membership in the European Union, the relative decline of Europe, and an increasing U.S. interest in Asia. Yet on many public and private levels, relations between the United States and Britain continue to be particularly deep, and thus the Special Relationship endures.
Lindsay M. Chervinsky
From 1775 to 1815, empire served as the most pressing foreign relationship problem for the United States. Would the new nation successfully break free from the British Empire? What would an American empire look like? How would it be treated by other empires? And could Americans hold their own against European superpowers? These questions dominated the United States’ first few decades of existence and shaped its interactions with American Indian, Haitian, Spanish, British, and French peoples. The US government—first the Continental Congress, then the Confederation Congress, and finally the federal administration under the new Constitution—grappled with five key issues. First, they sought international recognition of their independence and negotiated trade deals during the Revolutionary War to support the war effort. Second, they obtained access to the Mississippi River and Port of New Orleans from Spain and France to facilitate trade and western settlement. Third, they grappled with ongoing conflict with Indian nations over white settlement on Indian lands and demands from white communities for border security. Fourth, they defined and protected American neutrality, negotiated a trade policy that required European recognition of American independence, and denied recognition to Haiti. Lastly, they fought a quasi-war with France and real war with Great Britain in 1812.
Kelly A. Ryan
Patriarchy profoundly affected social relations and the daily lives of individuals in early America by supporting the elaboration of both racial differences and sexual hierarchies. Patriarchal ideals held that men should supervise women and that economic, sexual, legal, and political power rested with men. Laws and religious practices demanded women’s subordination to men, and governmental and extralegal controls on women’s sexual and familial lives buttressed patriarchal ideals and practices by enforcing their dependence on white men.
Women played a variety of roles within households, which differed according to region, race, generation, and condition of servitude. Marriage was central to the delineation of white women’s roles, and slavery was critical to developing ideas and laws affecting African American women’s place in society. Interactions with Europeans brought patriarchal influences into native women’s lives. Indian servitude and slavery, European missionary efforts, and cross-cultural diplomacy resulted in the transmission of patriarchal practices that undermined Indian women’s access to political, sexual, economic, and religious power
Women gained esteem for fulfilling their duties within the household and community, while others resisted patriarchal customs and forged their own paths. Some women served as agents of patriarchy and used their status or positions to oppress other women. White women often held power over others in their households, including servants and slaves, and in the early republic some of the public sphere activities of middle-class white women targeted the homes of Native Americans, African Americans, and poor women for uplift. Other women resisted subordination and found autonomy by pursuing their own goals. Sexuality was a critical arena in which women could breech dictates on behavior and advance their own agenda, though not always without consequences. Women in urban communities found greater economic opportunities, and some religious communities, like the Society of Friends, allowed women a larger role in decision making and religious speech. Though patriarchal structures would change over time, the idea of men as the leaders of the household and society was remarkably resilient through the 19th century.
Sheila L. Skemp
Historians once assumed that, because women in the era of the American Revolution could not vote and showed very little interest in attaining the franchise, they were essentially apolitical beings. Scholars now recognize that women were actively engaged in the debates that accompanied the movement toward independence, and that after the war many sought a more expansive political role for themselves. Moreover, men welcomed women’s support for the war effort. If they saw women as especially fit for domestic duties, many continued to seek women’s political guidance and help even after the war ended.
Granted, those women who wanted a more active and unmediated relationship to the body politic faced severe legal and ideological obstacles. The common law system of coverture gave married women no control over their bodies or to property, and thus accorded them no formal venue to express their political opinions. Religious convention had it that women, the “weaker sex,” were the authors of original sin. The ideology associated with “republicanism” argued that the attributes of independence, self-reliance, physical strength, and bravery were exclusively masculine virtues. Many observers characterized women as essentially selfish and frivolous creatures who hungered after luxuries and could not contain their carnal appetites. Nevertheless, some women carved out political roles for themselves.
In the lead up to the war, many women played active, even essential roles in various non-consumption movements, promising to refrain from purchasing English goods, and attacking those merchants who refused to boycott prohibited goods. Some took to the streets, participating in riots that periodically disturbed the tranquility of colonial cities. A few published plays and poems proclaiming their patriotic views. Those women, who would become loyalists, were also active, never reluctant, to express their disapproval of the protest movement.
During the war, many women demonstrated their loyalty to the patriot cause by shouldering the burdens of absent husbands. They managed farms and businesses. First in Philadelphia, and then in other cities, women went from door to door collecting money for the Continental Army. Some accompanied husbands to the battlefront, where they tended to the material needs of soldiers. A very few disguised themselves as men and joined the army, exposing as a lie the notion that only men had the capacity to sacrifice their lives for the good of the country. Loyalist women continued to express their political views, even though doing so brought them little more than physical suffering and emotional pain. African American women took advantage of wartime chaos to run away from their masters and forge new, independent lives for themselves.
After the war, women marched in parades, lobbied and petitioned legislators, attended sessions of Congress, and participated in political rallies—lending their support to particular candidates or factions. Elite women published novels, poems, and plays. Some hosted salons where men and women gathered to discuss political issues. In New Jersey, single property-owning women voted.
By the end of the century, however, proponents of women’s political rights lost ground, in part because new “scientific” notions of gender difference prepared the way for the concept of “separate spheres.” Politics became more organized, leaving little room for women to express their views “out of doors,” even as judges and legislators defined women as naturally dependent. Still, white, middle class women in particular took advantage of better educational opportunities, finding ways to influence the public sphere without demanding formal political rights. They read, wrote, and organized benevolent societies, laying the groundwork for the antebellum reform movements of the mid-19th century.