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John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders.
- Sales Rank: #1277841 in Books
- Published on: 2013-09-06
- Released on: 2013-09-06
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .81" w x 5.98" l, 1.42 pounds
- Binding: Hardcover
- 304 pages
Review
Magliocca's frankly political biography embodies Bingham and his ideals sufficiently to correct the record with 'considerable explanatory force'...This lucidly written book provides just enough information about Bingham's life, roles, and thoughts to place upon him both the gloss of humanness and the prestige of framer/founder...American Founding Son helps dispel the belief that the Fourteenth Amendment is a series of platitudes to capture what was, rather than a forcefully honed and carefully crafted disruption both to create what should have been and what could be."-The Journal of the Civil War Era
"Until now, however, we have lacked an adequate biography of Bingham. This lacuna has just been filled by Gerard N. Magliocca. He dubs Bingham the 'Founding Son'—the man who repaired the flawed work of the Founding Fathers and made equal citizen rights part of the Constitution. Without Bingham, writes Magliocca, “there would have been no Fourteenth Amendment as we know it” (186). His handiwork is the most important part of the Constitution. Bingham also coined that now-common phrase, the 'Bill of Rights.'"-Daniel W. Crofts ,Civil War Book Review
"Magliocca presents this evidence in a fine narrative, an excellent example of an intellectual biography. It preserves a chronological presentation, without obscuring the primacy of the subject's legal and political thoughts."-David Upham,Online Library of Law and Liberty
"Gerard Magliocca makes the most of the sometimes scanty evidence to paint an illuminating portrait of Ohio Congressman John Bingham, the author of Section One of the Fourteenth Amendment and perhaps our most neglected 'framer' of the Constitution. From leading the impeachment prosecution of President Andrew Johnson, to serving as Ambassador to Japan, Bingham's life was fascinating. And so too is this book that every student of our constitutional history should read."-Randy E. Barnett,Carmack Waterhouse Professor of Legal Theory & Director, Georgetown Center for the Constitution
"This is a worthy biography that will illume...many of the controversies that surround interpretations of the Fourteenth Amendment....Certainly, the picture that emerges from this book is much fuller than scholars have had to date."-John R. Vile,Law and Politics Book Review
“How this leading antislavery lawyer shaped Union policy vis-à-vis the defeated South and wrote most of the amendment guaranteeing equal rights to all Americans.”-American History
"Gerard Magliocca traces Bingham's life from humble beginnings in Pennsylvania through his career as a leader of the Republican Party. This is an excellent examination of Bingham, who was a major force in shaping the America that emerged from the Civil War."-Frank J. Williams,Civil War News
"For someone so involved with the watershed events of 19th-century US history, John A. Bingham has largely escaped modern scholars' notice, even in the current book of Civil War-era commemorations. This oversight is puzzling, since Bingham was a major political figure of his time, as Magliocca ably demonstrates...Magliocca takes readers through a learned yet accessible analysis of Bingham's legal and congressional careers, showing how Bingham's constitutional thought on citizenship, rights, and liberties evolved, climaxing with his drafting of the Fourteenth Amendment's preamble. Students of legal, constitutional, and Civil War-era history should read this fine volume on an important yet neglected figure."
"Gerard Magliocca has done nearly as much as anyone could to resurrect John Bingham, and he has succeeded in making Bingham come alive as an important political player in the Civil War era. [H]e has certainly restored Bingham to a rightful place in Civil War political and legal history."-Allen Guelzo,The Wall Street Journal
"Gerard Magliocca has done the country a great service by writing the first biography of one of America's most important but under-appreciated statesmen. John Bingham, the father of the Fourteenth Amendment, helped put a guarantee of individual equality into the U.S. Constitution. In this important book, Magliocca tells the fascinating story of a crucial figure in our country's long struggle to establish justice and create a more perfect union."-Jack M. Balkin,Knight Professor of Constitutional Law and the First Amendment, Yale Law School
"Magliocca has done valuable work in bringing to public attention the story of an interesting and important states-man of the mid-19th century. As an enemy of slavery and advocate for constitutional freedom, John Bingham has been too long neglected."-Burrus M. Carnahan,The Federal Lawyer
“Given Bingham’s central role in the incorporation debate, American Founding Son is long overdue. Scholars and lawyers who are interested in the incorporation debate eagerly have awaited this book. They will not be disappointed. […] [T]hose seeking to understand the meaning of the Fourteenth Amendment will find a wealth of information in the pages of American Founding Son.” -Law and History Review
"Professor Gerard Magliocca spares no detail in his comprehensive review of John Bingham's life and his drafting of the 14th Amendment to the Constitution. For history buffs, constitutional scholars, and civil war experts, the book is a smorgasbord of facts about a critical period in America's history. The reader is taken step by step through the political and legal hurdles required to enact one of the most significant post-Bill of Rights provisions of our Constitution."-Los Angeles Review of Books
“This volume on Bingham made me rethink some things I thought I was taught in high school history class. Magliocca did a wonderful job of searching, often sparse records, in order to give a full-orbed view of political history in America. I feel like the legacy of a man like Bingham is often forgotten among those who have largely left the politics to highly paid professionals who sit on Washington’s hill. It’s stories like these, a relatively no-name person from the middle of nowhere rising to power and changing history. We can all learn from Bingham, not only from his big wins, but from his losses as well. We should all be so concerned for freedom as Bingham was, it would make a small difference today which may change the pages of history hundreds of years down the road.”-Protestant Voices
“In this clearly written and extensively researched biography of John Bingham, Gerard Magliocca explains that researchers have neglected Bingham despite his important legislative contributions.”-The Historian
"Gerard Magliocca rescues John Bingham from his moment of fame as the author of the Fourteenth Amendment, and presents a nuanced understanding of his life and thought. An important contribution that provides deep insight into our constitutional tradition."-Bruce Ackerman,Sterling Professor of Law and Political Science, Yale University
About the Author
Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.
Most helpful customer reviews
8 of 8 people found the following review helpful.
First Rate Intellectual Biography
By Thomas H Rekdal
It has long been understood that constitutional views developed by the anti-slavery movement of the 1830s had a powerful influence on the Reconstruction Amendments. But the story is complicated by many puzzles. How does the prohibition in section one of the 14th Amendment against any state abridging "the privileges or immunities of citizens of the United States" relate to the provision of Article IV, sec 2, that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states"? And how do both relate to the first eight amendments of the Bill of Rights? What was the state of the law before the Civil War, and how did the framers of the Reconstruction Amendments think it was after their work?
These issues are too complicated to disentangle in the biography of a single individual, and Magliocca does not attempt to do so. But he does succeed in clarifying many issues related to the thought of John Bingham, perhaps the most important drafter of the 14th Amendment (he authored most of section one), and convincingly demonstrates a consistency in Bingham's thought that has eluded many scholars (the most distinguished probably being Charles Fairman). Magliocca has two great virtues as a writer, brevity and clarity. He tells us just enough, but not more than necessary, to follow the thread of Bingham's thought.
Since this is a biography, it takes up some subjects only tangentially related to the Reconstruction Amendments. I was surprised to discover, for example, that Bingham had a very sophisticated understanding of the War Power. I would have given him higher marks for his role in the prosecution of the Lincoln assassins than Magliocca does; but that is carping rather than criticism.
This is a beautiful book, because it is intellectually satisfying. Bingham has at last found the biographer he deserved, and that scholars have long needed. I would strongly recommend it to anyone interested in the constitutional problems of Reconstruction, or American constitutional development generally.
5 of 5 people found the following review helpful.
Rescued from Obscurity
By Christian Schlect
This is a very good and significant history, not in the sense that it is lyrically written, but in the welcomed light it sheds on the enduring work of an almost forgotten politician of the Civil War era.
John Bingham wrote some of the most significant words amending the U.S. constitution. Without his dogged efforts in the U.S. House of Representatives it is difficult to imagine the modern interpretational course of our nation's constitutional law.
Those interested in the congressional politics of the Civil War and Reconstruction, general race relations in our country, the impeachment of President Andrew Johnson, constitutional legal history, and even Japan's Meiji period will benefit from Professor Magliocca's notable effort.
While Mr. Bingham had his faults, his name should now rank high on any list of the best federal office holders who have served our country.
5 of 6 people found the following review helpful.
A Worthwhile, if Brief, Biography of an Overlooked Statesman
By JMB1014
"American Founding Son" is a commendable, if somewhat perfunctory effort to fill a lacuna in the scholarly literature about a major figure in American history, John A. Bingham, an Ohio lawyer and congressman who also served as one of the prosecutors at the trial of the conspirators in the assassination of President Lincoln, one of the chief architects of Reconstruction, a manager (prosecutor) at the impeachment trial of President Andrew Johnson, and U.S. ambassador to Japan. Despite the fact that he was among the most influential leaders of his time, Bingham is almost unknown today. This is regrettable, since it is largely due to his vision and legal insight that the Bill of Rights, or at least most of it, came to be applied to the states.
Until the Fourteenth Amendment was adopted, states could and did run roughshod over rights Americans now take for granted. Slavery was only the most outrageous example. Whites who went south to speak against the "peculiar institution," for example, could have their bags and papers seized without a warrant, be tossed into jail and held indefinitely, have a confession beaten out of them, and undergo trial without benefit of counsel or the ability to call witnesses on their behalf. In short, while the Bill of Rights limited what the federal government could do to you, states operated with a free hand and as a result, being an American citizen could mean absolutely nothing as far as civil rights were concerned, depending on what state you had the misfortune to visit.
Gerard Magliocca is a law professor at Indiana University. "American Founding Son" is broken into bite-sized bits, very much like a law school course. Its episodic approach lacks the narrative flow and continuity of most biographies. In fairness, some of this may be due to the apparent paucity of primary (and even secondary) source materials about Congressman Bingham. Nevertheless, Magliocca does not even really play to his strong suit, namely knowledge of the Fourteenth Amendment and its application in the almost one and a half centuries since its adoption. To his credit, he covers the important points. But given the truncated approach he adopts, there is little opportunity for these to sink in and little context to afford a sense of perspective. In fact, the text of the book is only 187 pages long. The result is that one has little of the sense of fellow-feeling that animates most biographies. This is a quickstep march and apparently, not one undertaken for pleasure.
Magliocca also has a tendency to dispute with Bingham after the fact rather than present the countervailing arguments made at the time and let the reader draw his or her own inferences. The most prominent example of such treatment occurs in the very brief chapter (18 pages) on the "trial of the century," meaning the 6-week trial of those accused of conspiring with John Wilkes Booth to assassinate President Abraham Lincoln.
A staunch Republican, Bingham was selected as one of the prosecutors to try the conspirators before a military commission. Magliocca takes Bingham to task for putting his legal skill at the service of a flawed process, relying on hindsight to compare the military commission that tried the conspirators with the military commissions used to prosecute terrorism cases following the events of September 11, 2001. Of course, the comparison is unfair, since circumstances were radically different in 1865: active military hostilities continued for some time after Lee's surrender and soldiers were still being shot in the field even during the 6-week trial. The federal district courts were closed in many areas; the court for the District of Columbia had only reopened on the day Lincoln was shot - and then only because of the "force of the bayonet," as Bingham put it. The use of a military commission to prosecute the conspirators made perfect sense considering that the nation was still at war, martial law and military occupation still prevailed in portions of the country, and it was widely suspected among members of Lincoln's cabinet that the conspirators' plot was concocted in Richmond by the leaders of the Confederacy itself.
Magliocca, unfortunately, does not take this concern seriously enough. He concedes that the assassins had a military objective, namely to kidnap Lincoln and use him to extort a prisoner exchange or cease-fire. But since Lee had surrendered five days before the assassination, Magliocca blithely suggests that Booth "probably just wanted vengeance" and therefore any notion of a military objective must have been extinguished. Such speculation about one conspirator's state of mind is a pretty slender basis for suggesting that the decision to use a military commission to try those who had conspired to assassinate (all in one night) the commander-in-chief, the vice-president, the secretary of state, the secretary of war, and the senior commanding general of the Union armies of the United States, while the nation was in a state of war, was legally improper. The assassination of all those officials on a single date would have been difficult to distinguish from a coup d'etat. Magliocca might have noted, as another scholar has, the strength of Bingham's concern that Jefferson Davis was involved in the assassination plot.
In "Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America" (New York: Henry Holt, 2006), law professor Garrett Epps, relying on sources listed in Magliocca's bibliography, quotes Bingham as saying to the tribunal that "My own conviction is that Jefferson Davis is as clearly guilty of this conspiracy as John Wilkes Booth." Epps also notes that the conspirators were in contact with the Confederate Secret Service about kidnapping Lincoln, which had been their original plan. He also cites news reports that when told of the assassination, Jefferson Davis said only, "If it were to be done, it were better it were well done." To the end of his days, Epps adds, Bingham hinted darkly that "he knew more about the Lincoln plot than he could tell because the true dimensions of the conspiracy would wreak havoc on the nation." Even his doctor related that on his deathbed, Bingham had said "The truth must remain sealed." (Epps at 168-69.) Nevertheless, Magliocca simply comments that there was "flawed testimony from a con man," whom he fails to identify, leaving the reader to look up the discussion of the unnamed "con man's" testimony in yet another book - as if this "flawed testimony" before the commission were the only indication of official Confederate involvement in the assassination conspiracy. It is regrettable that Magliocca gives his own conclusory assessment in this fashion without offering the evidence and letting readers draw their own inferences. After all, Bingham could be counted on to have taken the matter seriously. He was selected as a prosecutor by Secretary of War Stanton, who was as concerned as anyone to see that justice was done. Bingham had been a trial lawyer and a prosecutor himself in Ohio during the years before he was elected to Congress and he had served as a member of Congress for several terms before the trial. It would hardly be plausible to suggest that he was a neophyte in dealing with confidence artists or mendacious witnesses.
In this somewhat peremptory tendency to discount or dismiss Bingham's claims more than a century after the fact, Magliocca appears to risk what the great historian E.P. Thompson warned of, namely, "the enormous condescension of posterity." Under the circumstances, efforts to humanize Bingham later on, especially in the last pages of the book, are belated and ring somewhat hollow. Nevertheless, "American Founding Son" does offer anecdotes demonstrating that in both his personal and professional lives, Bingham remained true to his belief that racism is evil and that all human beings are equal and entitled to dignity and autonomy. That having been said, he did not extend himself much on behalf of women's rights. Bingham chaired the House Judiciary Committee and participated in a presentation to a joint meeting of the House and Senate Judiciary Committees by Victoria Woodhull, a remarkable feminist who opened the first stock brokerage for women, ran for president against Ulysses Grant in 1872, and testified (presumably after having been coached by Bingham's nemesis, the cagey lawyer and congressman, Benjamin Butler) that the Fourteenth Amendment logically entitled women to vote. Still, Magliocca is impressed with the enigmatic quality of Bingham's answer to a query posed by Elizabeth Cady Stanton, who asked why his reasoning about the Fourteenth Amendment did not apply to women. Bingham is said to have responded that "he was not the puppet of logic but the slave of practical politics."
On the whole, "American Founding Son" is a worthwhile effort to portray the life of John Bingham and his times. Given the complexity of the issues that faced the nation during Bingham's career, any effort to tell this story in a meaningful way faces daunting obstacles. Magliocca at least covers the material coherently and competently, and briefly enough that ordinary readers will at least not be turned away by the length of the book. In the meantime, this volume may spur others to investigate the life of a fascinating and unfairly neglected statesman.
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