American Constitutionalism Heard Round the World, 1776–1989 This page intentionally left blank American Constitutionalism Heard Round the World, 1776–1989 A Global Perspective George Athan Billias NEW YORK UNIVERSITY PRESS New York and London NEW YORK UNIVERSITY PRESS New York and London www.nyupress.org © 2009 by George Athan Billias All rights reserved Library of Congress Cataloging-in-Publication Data Billias, George Athan, 1919– American constitutionalism heard round the world, 1776–1989 : a global perspective / George Athan Billias. p. cm. Includes bibliographical references and index. ISBN-13: 978–0–8147–9107–3 (cl : alk. paper) ISBN-10: 0–8147–9107–7 (cl : alk. paper) 1. Constitutional history—United States. 2. Constitutional history. 3. Constitutional law—United States. 4. Constitutional law. 5. World politics—To 1900. 6. World politics—1900–1945. 7. World politics—1945–1989. 8. Civilization, Modern— American influences. I. Title. KF4541.B56 2009 346.7302’9—dc22 2009005946 New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppliers and materials to the greatest extent possible in publishing our books. Manufactured in the United States of America 10987654321 Contents Acknowledgments vii Preface xi Part I Definitions 1 Of Constitutions and Constitutionalisms 3 2 American Constitutionalism Defined: 15 Six Seminal Documents Part II Seven Echoes of American Constitutionalism: A Global Perspective 3 First Echo: Europe, 1776–1800 53 4 Second Echo: Latin America, 1811–1900 105 5 European Interlude, 1800–1848 142 6 Third Echo: European Revolutions of 1848 176 7 European Interlude, 1850–1900 and 201 the American Civil War 8 Fourth Echo: American Empire 223 9 Fifth Echo: World War I to World War II, 1919–1945 250 10 Sixth Echo: American Crescendo, 1945–1974 276 11 Seventh Echo: American Constitutionalism and 320 Democratization, 1974–1989 12 Global Consciousness, Then and Now 357 v vi Contents Appendix: A Note on the Historiography of the Influence 373 of American Constitutionalism Abroad: 1776–1989 Notes 377 Index 491 About the Author 544 Acknowledgments My vision of the republic of letters is broader than most. It acquired an international dimension when not only American colleagues but also foreign scholars came to my assistance. Time as well as space was involved as I became more aware of how much I relied on the findings of past scholars. The borders of my republic expanded further when indi- viduals from other institutions of higher learning—universities, research centers, and foundations—contributed to the completion of this book. Finally, the boundaries of my republic were enlarged when I realized once again the tremendous importance of personal relationships—family, friends, and colleagues—as well as professional affiliations. They provide the emotional safety net without which no scholar can work. To these dedicated citizens in my republic of letters, I welcome this opportunity to express my heartfelt thanks. Three friends and fellow historians in Worcester—Peter Onuf, Ronald Petrin, and Robert Kolesar—helped get the project under way in a brown- bag seminar at Clark University. Peter continued to contribute hand- somely after leaving Worcester Polytechnic Institute for the University of Virginia. A bold scholar and ebullient friend, he read the entire manu- script, critiqued chapters, and changed the parameters of the project as originally conceived. Other gifted scholars contributed generously by reading the whole manuscript at various stages. Bernard Bailyn asked to see my first draft while working on his To Begin the World Anew. After performing the he- roic task of plowing through fifteen hundred pages of raw manuscript, he offered useful suggestions and encouragement. Stanley Katz, whose grasp of American constitutionalism abroad is formidable among scholars worldwide, made searching criticisms and graciously shared his knowl- edge. Francis Couvares, a former Clark colleague, offered many astute in- sights, applied his exceptional editing skills, and suggested a major reor- ganization critical to the completion of the project. Herbert Bass, a former vii viii Acknowledgments colleague at the University of Maine who had helped me many times be- fore, made stylistic revisions and additions that allowed the narrative to emerge with greater clarity. Paul Lucas, a current Clark colleague, taught me much about comparative history, as befits a student of Robert R. Palmer, and corrected some of my misconceptions. Martin Ridge, the late director of research at the Huntington Library and the one-time editor of the Journal of American History, went over an early draft with his blue pencil. Mark Tushnet was kind enough to comb the text from his perspec- tive of comparative legal history and to make an incisive critique. Robert Middlekauf was helpful by giving suggestions on where I might condense material. Alden Vaughan, a fellow Columbia PhD and longtime comrade, skillfully edited a late version with scrupulous care. Gerald Grob, my best friend and former Clark colleague with whom I have collaborated in the past, went over the final copy for glaring errors and responded with his usual dry and sly humor. Besides those who read the entire manuscript, I am indebted to other scholars who went over portions of the work. Some of the greatest histo- rians of early American history of this generation responded generously by reading parts of my manuscript dealing with their area of expertise. Among those who unselfishly took time from their own research were: Gordon Wood, Michael Kammen, Jack Greene, John Reid, Richard B. Bernstein, Richard D. Brown, Stanley Kutler, Herbert Johnson, Richard McCormick, and Stanley Elkins. I was fortunate to have America’s most distinguished world historian, William McNeill, give me the benefit of his great store of learning. The late Milton Klein, whose friendship stretched for fifty-six years, deserves special mention for reading and editing much of what I wrote. Another category of scholars contributed by commenting on countries or regions about which they had special knowledge: Alan Spitzer (France), Paul Cohen (modern Europe), Daniel Borg (Germany), John Dower (Ja- pan), Lawrence Beer (Japan), Keith Rosenn (Latin America), Thomas Skidmore (Latin America), Pnina Lahav (Israel), Shlomo Slonim (Israel), John Iatrides (Greece), and Paul Ropp (China). To Scott Gerber I am indebted for bringing my manuscript to the at- tention of New York University Press and for reading and editing several key chapters. I am obligated also to three members of the staff of the New York University Press, Deborah Gershenowitz, Gabrielle Begue, and Despina Papazoglou Gimbel for being so very helpful in textual editing and bringing the book to final form. Acknowledgments ix In completing the book, I am pleased to acknowledge the support of a number of institutions that enabled me to pursue research during the twenty-four years this work was in the making. In this regard, I am deeply indebted to the National Endowment for the Humanities for two fellowships and one from the Huntington Library. The Exxon Educational Foundation and Earhart Foundation also contributed grants. Clark University has my great gratitude for funds provided by the Ja- cob and Frances Hiatt Chair in History which I held from 1983 to 1989. Financial support also was available from the Chester and Shirley Bland Research Fund. Administrators, particularly the current president, John Bassett, and his predecessors created a hospitable environment that en- couraged research. Clark colleagues in the history department—Paul Lu- cas, Dan Borg, Doug Little, Drew McCoy, Paul Ropp, and Wim Klooster— whom I admire and whose friendship I treasure always were kind and responsive to my many queries. Graduate and undergraduate students in my research seminar on the U.S. Constitution provided skeptical listen- ers on whom I tried out ideas in the “elbow teaching” for which Clark is known. Other Clark colleagues helped by translating into English those foreign-language materials with which I was not familiar. The superb staff of the Goddard Library, including the magnanimous Mary Hartman, Irene Walch, Edward McDermott, Rachael Shea, Holly Howes, Anne Le- roy, Gladys Bowker, and Helen Cohane, remained patient and gracious despite my repeated requests. Librarian Gwendolynne Arthur and archi- vist Mott Linn provided other assistance. Two departmental secretaries, Trudy Powers and Diane Fenner, treated me over the years with greater kindness and consideration than I deserved. Although I have no formal affiliation with Harvard University, I am deeply indebted to that great institution for many courtesies, especially the encouragement offered by Oscar Handlin, one of its most outstanding scholars of American history. The holdings of Harvard’s Widener Library and the International Legal Studies Library were crucial to my research, and their staffs were both cordial and competent. I benefited also from the holdings and staff of two other great research libraries, the American Antiquarian Society and the Huntington Library. The Richter Library and the Law Library of the University of Miami extended similar professional courtesies. I believe firmly that family and friends profoundly affect a scholar’s life and work in mysterious ways that are not always obvious to the eye. Anyone who has undertaken a long-term project knows that without x Acknowledgments