U-Chicago Law’s Alison LaCroix on the Origins of American Federalism

In this week’s episode of The Learning Curve, co-hosts retired Minnesota Supreme Court Justice Barry Anderson and Massachusetts state champion U.S. history and civics teacher Kelley Brown speak with Alison LaCroix, the Newton Reid Professor of Law at the University of Chicago, about the constitutional foundations of American federalism. Drawing on her book, The Ideological Origins of American Federalism, Prof. LaCroix explores the ancient Greek and Roman, the Enlightenment, and British Common Law models of federalism that so powerfully influenced Anglo-American constitutional thought. She discusses the Revolutionary and Founding generations' understanding of the natural law, the rights of colonies, and how national and state authority should be divided in a modern commercial republic, including the constitutional ideas of the American statesmen James Otis, John Adams, James Madison, and Alexander Hamilton. Then, Prof. LaCroix provides an overview of her recent book The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms. She examines the enduring historical and legal influences of the Marshall Court; Jeffersonian Supreme Court Justice William Johnson; Gibbons v. Ogden; and Cherokee Nation v. Georgia, on the various modes of early-19th century American federalism. Prof. LaCroix closes with a reading from The Interbellum Constitution.