Close



Size: 6 x 9
Pages: 318
Illustrations:

Southern History
Political Science
ebook
hardcover
Forthcoming
Books
Back to previous page

Democracy and the Courts

The Rise of Judicial Elections in the Antebellum South

David M. Gold

Paperback

Published:

Hardcover
978-1-64336-565-7
Published: Jun 12 2025

$49.99

Ebook
978-1-64336-566-4
Published: Jun 12 2025

OA Ebook
978-1-64336-566-4
Published: Jun 12 2025

$0.00

The inclusion of this book in the Open Carolina collection is made possible by the generous funding of

The first comprehensive examination of the development of judicial elections in the American South

The practice of choosing state judges by popular election is a unique aspect of American democracy. First appearing in Mississippi in 1832 and then sweeping across the United States, judicial elections had a distinctly Southern origin. Prior scholarship seeking to explain the broad acceptance of the elected judiciary mainly relied on the records of Northern-state constitutional conventions. In Democracy and the Courts, David M. Gold offers the first comprehensive exploration of the advent of this often-controversial democratic reform in the nineteenth-century American South.

Making intensive use of primary sources, such as constitutional-convention proceedings, legislative journals, and newspapers, Gold explores the various paths taken by Southern states toward the elective judiciary and the reasons why some states accepted judicial elections only partially or rejected them altogether. He considers the effect of judicial elections on judicial review before the Civil War and looks to the last quarter of the nineteenth century, assessing the final and ironic triumph of the elective judiciary during the decidedly undemocratic Jim Crow era.




David M. Gold is an attorney who retired from the Ohio Legislative Service Commission in 2016. He is the author of numerous books on legal and political history, including Democracy in Session and The Jacksonian Conservatism of Rufus P. Ranney.

"Democracy and the Courts is current as well as pathbreaking. Focusing on fifteen southern and border states, Gold reviews the emergence of judicial elections and demolishes the conventional explanation that the adoption of judicial elections was designed to further the adoption of judicial review."—Steven H. Steinglass, dean emeritus and professor emeritus, Cleveland State University College of Law

"While others have written on the rise of judicial elections in the Jacksonian Era South in pieces, no one has brought together these pieces as a unified whole until Gold."—Charles Zeldon, Nova Southeastern University, author of Bush v. Gore

"Scholars should carefully note Gold's lucid, persuasive argument that the shift to an elective judiciary in the South reflected a commitment to democracy rather than a desire to buttress judicial review."—Michael Les Benedict, professor emeritus, The Ohio State University

Books, News & Resources!

Sign up to receive updates on new books, promotions, and USC Press news.