Federalism, Constitutional Law, and the Politics of Freedom

Abstract

This chapter defines the major role that public servants play, as constitutional stewards, by engaging in constitutional politics to defend and nurture the US constitutional system and to foster changes in the governance of American society. After discussing two of the features of constitutional politics (federalism and constitutional law), the chapter examines the explosive dynamic of each by analyzing the historic debates over homeland security and slavery. This analysis demonstrates the significant, long-lasting impact of public servants’ participation in constitutional politics through the way societal tensions and political conflicts of antebellum America culminated in extreme interpretations of federalism and constitutional law that favored slavery and secession and influenced constitutional thinking and politics after the Civil War and well into the twentieth century.