Episode 180: Kate Elizabeth Brown, Alexander Hamilton and the Making of American Law

by Holly WhiteApril 3, 2018

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The legacy of Alexander Hamilton tells us that he was Thomas Jefferson’s political rival, a man who fought to secure strong powers for the national government, and the first Secretary of the Treasury.

What Hamilton’s legacy doesn’t tell us is that he also fought for states rights and championed civil liberties for all Americans, even those Americans who had supported the British during the American Revolution.

Kate Elizabeth Brown, an Assistant Professor of History and Political Science at Huntington University in Indiana and author of Alexander Hamilton and the Development of American Law, joins us to explore more about the Alexander Hamilton we don’t know, the Hamilton who helped develop American law.

About the Show

Ben Franklin’s World is a podcast about early American history.

It is a show for people who love history and for those who want to know more about the historical people and events that have impacted and shaped our present-day world.

Each episode features a conversation with a historian who helps us shed light on important people and events in early American history.

Ben Franklin’s World is a production of the Omohundro Institute.

Episode Summary

Kate Elizabeth Brown, an Assistant Professor of History and Political Science at Huntington University in Indiana and author of Alexander Hamilton and the Development of American Law, joins us to explore how Alexander Hamilton helped develop American law with his legal ideas.

During our exploration, Kate reveals how Hamilton developed and implemented practices that allowed the national and state governments to exercise strong powers together; How Hamilton encouraged the different branches of the national government to work together; And the ways Hamilton advocated for both civil liberties and state powers.

What You’ll Discover

Alexander Hamilton
The Constitution of 1787
The British Constitution and its influences on the United States Constitution
Cooperation among the executive, judicial, and legislative branches of government
Judicial Review
Hamilton’s ideas about how the three branches of the federal government should work together
The English magistrate
The Remitting Act
Secretary of State Thomas Jefferson
State government power and authority during the 1790s
Hamilton’s principle of concurrence
Limits of state power under the Constitution of 1787
Hamilton’s ideas about civil liberties

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Time Warp Question

In your opinion, what might have happened if George Washington had appointed someone else to be the first Secretary of the Treasury? If Hamilton had been left out of the executive branch of government and the Washington administration, how would the development of American law be different?