The United States has “two constitutions” and Lincoln created a “progressive constitution” transforming states into administrative districts stems from interpretations rooted in legal and political theories that challenge conventional historical narratives.
These interpretations often connect the events of the Civil War, Reconstruction, and subsequent constitutional changes to broader concerns about federal power and state sovereignty.
Background and Concept of “Two Constitutions”:
Original U.S. Constitution (1787): The founding document established a federal government with specific, enumerated powers while preserving significant sovereignty for the states. Under this system, states were regarded as quasi-independent entities, each with its own legal and political authority.
Post-Civil War and Reconstruction Era: During and after the Civil War, several constitutional amendments were introduced that significantly shifted the relationship between the federal government and the states. Most notably:
The 13th Amendment abolished slavery.The 14th Amendment extended citizenship and equal protection under the law to all persons, while also granting the federal government the authority to enforce these protections.The 15th Amendment prohibited racial discrimination in voting.The 14th Amendment, in particular, has been viewed as a transformative change, expanding federal oversight over state affairs in order to enforce civil rights. This marked a departure from the decentralized nature of the original Constitution.
Lincoln’s Role and “Progressive Constitution”:
The idea that Lincoln created a “progressive constitution” is linked to the significant expansions in federal power that took place under his presidency and during the Reconstruction period. Lincoln’s presidency saw an increase in executive authority and the federal government’s role in maintaining the Union. The suspension of habeas corpus, the Emancipation Proclamation, and the enforcement of new constitutional amendments are viewed as efforts to centralize authority to address national crises and social injustices.
Some theorists argue that these actions and constitutional amendments laid the groundwork for a shift toward what they refer to as a “progressive constitution.” The amendments of this period, and their later interpretations by the Supreme Court, greatly expanded federal authority in ways that fundamentally altered the balance of power between states and the federal government.
States as Administrative Districts:
Critics who argue that states have become “administrative districts” believe that the original vision of state sovereignty has eroded, replaced by a system where states are more akin to administrative arms of the federal government. This perspective is influenced by several developments:
Expansion of Federal Programs and Mandates: The federal government’s involvement in areas like healthcare, education, and transportation has grown significantly. Federal funding often comes with attached conditions, making states dependent on federal resources.
Supremacy of Federal Law: The interpretation of the Constitution in cases like McCulloch v. Maryland and Cooper v. Aaron affirmed federal supremacy over state laws and constitutions.
Direct Federal Oversight and Preemption: Federal agencies, created and empowered during the Progressive Era and the New Deal, further increased federal influence over areas traditionally controlled by states.
Summary:
The idea that the United States has “two constitutions” refers to the fundamental changes in governance after the Civil War and during Reconstruction. The transformation of states into “administrative districts” suggests that the increase in federal authority, particularly through constitutional amendments and evolving interpretations, has diminished state sovereignty and given the central government a dominant role. This perspective is rooted in a critique of federalism and the perceived centralization of power, starting from Lincoln’s administration and extending through the 20th century.
