Daniel Webster and the Unfinished Constitution

Peter Charles Hoffer is distinguished research professor of history, University of Georgia, and the author of numerous publications, including Rutgers v. Waddington: Alexander Hamilton, the End of the War for Independence, and the Origins of Judicial Review, The Free Press Crisis of 1800: Thomas Cooper's Trial for Seditious Libel, and, with Williamjames Hull Hoffer and N. E. H. Hull, The Supreme Court: An Essential History, Second Edition, all from Kansas.

Peter Charles Hoffer takes the reader on a fascinating tour of a central figure in early American constitutional development. Daniel Webster and the Unfinished Constitution details the constitutional, political, and historical significance of Webster's speeches and writings in ways that highlight how that the Massachusetts Whig, allied with John Marshall and Joseph Story, helped convert an ambiguous constitution into the fundamental law of the United States." - Mark A. Graber, regents professor, University of Maryland Francis King Carey School of Law "Peter Charles Hoffer has produced an original, impressive, scrupulously researched book on Daniel Webster's successful presentations of fundamental constitutional cases before the US Supreme Court and the important part they played in shaping not only the decisions of the Court but also the way subsequent generations have interpreted the federal Constitution. Hoffer's new book offers a timely perspective on Webster and his commitment to the rule of law." - Daniel Walker Howe, professor emeritus of history, University of California, Los Angeles "Peter Charles Hoffer provides a cogent and insightful look at Daniel Webster's constitutional thinking. For anyone interested in how the 'unfinished Constitution' was fleshed out by its first generation of lawyers, legislators, and judges, this is a must-read." - H. Robert Baker, author of Prigg v. Pennsylvania: Slavery, the Supreme Court, and the Ambivalent Constitution "Peter Hoffer's thoughtful analysis of the constitutional jurisprudence of Daniel Webster emphasizes his importance in American constitutional development. Daniel Webster and the Unfinished Constitution traces Webster's views of federalism, law versus partisan politics, and the balance between government power and individual liberty as he worked them out in appellate argument and Senate floor debates with Robert Hayne and John Calhoun. This welcome contribution to our constitutional discourse will be valuable to all readers, from undergraduates encountering these ideas for the first time to veteran scholars and lawyers." - William M. Wiecek, Chester Adgate Congdon Professor of Public Law and Legislation Emeritus, Syracuse University College of Law "Peter Charles Hoffer provides an intensive focus on Daniel Webster as both the 'defender of the Constitution' - a familiar role for the great New England orator - and as a consistent, persuasive constitutional theorist. Webster outlined a constitutional jurisprudence for the young republic that interweaved his conceptions of federal supremacy, the place of law as a trump to politics, and the priority of protecting private rights into law, and Hoffer thoroughly and engagingly demonstrates how Webster advocated for this legal theory against increasingly countervailing forces. The shifting fortunes of Webster's impassioned arguments in court illustrate the innumerable changes to American life brought about by Jacksonian democracy, antebellum sectionalism, and marketplace competition. That Hoffer uses his tight focus on Webster's constitutional jurisprudence to both give coherence to Webster's life work as legal advocate as well as to chart the larger themes of Jacksonian America makes this book both illuminating and highly useful to students of law in antebellum America." - Kate Elizabeth Brown, author of Alexander Hamilton and the Development of American Law