The Forgotten Presidents: Their Untold Constitutional Legacy

by Michael J. Gerhardt

Their names linger in memory mainly as punch lines, synonyms for Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today.

Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents . He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk,
Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity. Gerhardt explains the many things these and ten other presidents have in common that explain why, in spite of any of their excesses, they have become forgotten chief executives.

Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.

Genres: History, Nonfiction, American History, Politics, Presidents, Biography, Law

352 pages, Paperback

First published January 1, 2013

Reviews

[Earl Ecklund III · Rating 5 out of 5]

In this excellent work Michael Gerhardt examines the impact 13 lesser known Presidents (Grover Cleveland counts twice) impact had on constitutional law, the presidency and American government.

Examples include Martin Van Buren's refusal to use the powers of the national government to combat the Panic of 1837, the undermining of the Whig concept of a weak President by William Henry Harrison, Tyler, Taylor, and Fillmore, Chester Arthur's embrace of civil service reform, Coolidge's embrace of radio, and Carter's poor transition planning.

If anything I really wish Gerhardt had included more Presidents like James Buchanan and Gerald Ford. Overall, I found this book to be well though out and readable. I highly recommend this study to anyone interested in constructional law, the American Presidents and history.

[Heather C · Rating 3 out of 5]

Well, I would not exactly describe this as “compelling”, but it was certainly different than I expected. Probably if I had read the subtitle, “Their Untold Constitutional Legacy”, I might have been a little more prepared for the book I was beginning to read. Reading through my first forgotten president, Martin Van Buren, I was able to realign my expectations and fall into the concept of this book. The presidents featured in this book (Martin Van Buren, William Henry Harrison, John Tyler, Zachary Taylor, Millard Fillmore, Franklin Pierce, Chester Arthur, Grover Cleveland, Benjamin Harrison, Grover Cleveland [again], William Howard Taft, Calvin Coolidge, and Jimmy Carter) are primarily those who are overlooked during American History lessons, or receive very little coverage. Gerhardt does not focus so much on the events of their presidencies, but features the Constitutional legacies left by the decisions these Presidents made in office.

The Constitutional dialogue was VERY dry and so very academic. The author picks apart these Presidents and discusses how their decisions changed American policies, their legal legacy, and shaped history. While not necessary, it is a good idea to have some Constitutional legal knowledge prior to reading this book.

When I picked up this book I thought I would get a general glimpse into the lives of those presidents who do not have as much written about them – and that isn’t exactly what I got. I would recommend this book to those who have an interest in law or the Constitution, but not for the casual presidential observer. That being said, I did learn quite a bit about the legal side of the Presidency – it just took a little while to get through it. This book does show just how much of an impact a perceived “ineffectual” president can have through his Constitutional legacy.

[Joe · Rating 2 out of 5]

This is not a very engaging book despite its rather appealing title. The crux of it focuses on how these forgotten presidents (just like the ones we will never forget) used the prerogatives of office in conflicts with Congress, to expand their powers and to promote their policy agenda. It seems to me that this is not an "untold Constitutional legacy," as the book's title indicates, but an everyday fact of life of American government since the time of the Founders.

[Joe Stack · Rating 3 out of 5]

A very good account of 12 obscure presidents from the 19th and early 20th centuries and one from the late 20th Century, Jimmy Carter. Each chapter is dedicated to a specific president. These are not short bios that cover the life and times of each president because the author focuses on their constitutional legacies, showing that because a President is deemed a failure or average doesn't mean that that President hasn't had a lasting influence. The jury may still be out regarding Carter, and historians & political scientists may not agree with all of the author's assessments, but through his summaries of the successes and failures of each of the presidents he's chosen you do get a better understanding of the impact of the persons who have held this high office, and you may reconsider some of their reputations. This is a well-written book with well thought out, evenhanded reasoning.

[Jack · Rating 4 out of 5]

An important book. Discussions on the presidency tend to focus on the "greats." That's fine. But it's important to remember that even those lesser known ones have had an impact and have set important precedents for successors. This book is written by a legal scholar, and it focuses on the legal actions and precedents presidents have set, and it reads like a book written by a legal scholar. But it's still useful.

[Brad · Rating 4 out of 5]

I grabbed this book off the shelf of my local library kinda on a whim, not really expecting much. After all, who sits down to read a book about "forgotten presidents" expecting a page-turner? These dudes are forgotten for a reason. Yet I was pretty impressed by Gerhardt's work. Each of these presidents had to grapple with compelling issues in their times, and it is interesting to read about and compare how "the more things change, the more they stay the same". Gerhardt traces the evolution of the modern presidency in large part by the battles these presidents waged with Congress over who had the power to do what. Some of these Chief Executives came into office thinking their role was subservient to that of Congress; some came in determined to be the alpha dog in the American political system. Some did 180's on major issues upon taking the oath of office (Arthur and civil service and patronage reform). This book does get down in the weeds quite a bit and shows that the author did a massive amount of research, but all in all a worthwhile read and one which makes a convincing case that no American president (even William Henry Harrison) should be, or really can be, truly forgotten.

[Jon Scott-sheldon · Rating 3 out of 5]

For the most part I enjoyed reading this book as it highlights lesser known presidents and their contributions to the growth of presidential power through their constitutional legacy. Of particular note, the chapter on William Henry Harrison who was president for essentially one month. During that time he asserted his presidential authority over Henry Clay the unofficial head of the Whig party to which they both belonged. It was an interesting glimpse into an easily overlooked time. The author, Michael Gerhardt, provides his criteria for what makes a president forgotten both in the opening of the book and in a more detailed appendix. I realize he needed to limit his scope and draw the line but I would have enjoyed his including some other lesser known presidents like Andrew Johnson, Rutherford B. Hayes and William McKinley, each of which likely have notable constitutional legacies as well.

The writing style tends to be dry, stating facts rather than taking a narrative approach. The author is a legal academician, and the writing reflects that focus. If you enjoy presidential history, you will find this book interesting. If you enjoy a more narrative, personality focus this may be a tedious read.

[Phillip Seeberg · Rating 4 out of 5]

I enjoyed this book partly because I have been trying to read about every president, and this allowed me to learn about many without having to find separate books.
The best and worst of the book is the impact on constitutional issues that each president had. Best, because I learned a lot; Worst, because some of this was dry. I can say I learned a lot about the Whigs; about Carter; and many others.

[Tom · Rating 3 out of 5]

Substantively, this could have been a four-star book, but it needs a good proofreader - typos, sentences that literally repeat themselves within one to two paragraphs and the use of last names without the individual ever being introduced to know the reference. All made for a very interrupting read and lowered my review.

[Jim · Rating 3 out of 5]

Some of these had an influence on succeeding presidents and, therefore, the evolution of American government. This book provides the reader with a basis for judging who those are. Edifying if not entertaining.

[Joann · Rating 4 out of 5]

An informative accounting of thirteen presidents who the author considers forgotten but for their constitutional influence due to actions they took while holding the office. The book reads like class lectures; overall I learned a great deal and refreshed my memory of some details.

[Linda · Rating 2 out of 5]

Not what I was expecting at all. A technical, proficient, rather dry book.

[Dan Savickas · Rating 5 out of 5]

If you want to learn about these relatively unknown, underdiscussed presidents, this is the book to really see how they shaped the country and the Constitution.

[Jeffrey Granat · Rating 3 out of 5]

Interesting

Interesting book. Focuses on 13 presidents and their constitutional legacy. I enjoyed this book as it took a different tone than the usual biographies.

[Jacob Lines · Rating 4 out of 5]

There have been lots of books written about the most important American presidents. Lincoln, Washington, and FDR usually top that list. They made a lot of very important and far-reaching constitutional decisions. But what about other presidents? Can’t their constitutional decisions teach us something about our system? Yes, they can – and that’s the purpose of this book. Gerhardt determined which presidents are most forgotten today and then wrote about their constitutional activities and what legacy they left. Some of the stories he tells are surprising. The decisions of these obscure presidents contributed to the constitutional system that we now have.

The presidents he profiles are: Van Buren, both Harrisons, Tyler, Taylor, Fillmore, Pierce, Arthur, Cleveland (both times), Taft, Coolidge, and Carter. (While many people remember Carter, he is included because he is best known for his activities after leaving the presidency and because the telling of his story has been completely taken over by critics.)

There is some really interesting stuff here. For example, Cleveland, the only president to serve nonconsecutive terms, changed his constitutional outlook greatly in his second term. The Whigs profiled in the book all seemed to betray their Whigs principles about weak presidencies once they became president. Franklin Pierce’s constitutional views made him a complete failure as president. Overall, the actions of these forgotten presidents helped change the presidency into what it is today – powerful, energetic, and involved in everything. There is too much good stuff to detail it all, but I was really pleased with the book. I have read a lot of constitutional law and history, and I learned a ton from this book. Since it is about forgotten presidents, it filled in a lot of gaps in my knowledge of American history and law. I would recommend it for people that already have a good grasp of American history.

With all that said, I do have a problem with the writing. For an edited book written by a professor, this book had an unusually high number of confusing sentences. Not confusing because of the ideas or vocabulary, but because of the diction. There was at least one sentence every two pages that I had to re-read at least twice to figure out where the verb was, or whether certain words were being used as verbs or nouns. Some of those sentences turned out to have no verb at all. By the middle of the book, it was a major distraction.

[Bob · Rating 3 out of 5]

I expected a lot more from this book than it delivered. I expected a much deeper dive into the legacies of some of the lesser-known presidents, but that really wasn't the focus of the book. Instead, the book went chapter-by-chapter discussing each of the President's good and bad points in terms of executive power under the Constitution.

There was a lot of discussion of Supreme Court appointments, although many of them were about Gilded Age justices, who were mostly undistinguished. The most interesting chapter was on Calvin Coolidge and especially how he used Harlan Stone first as an Attorney General to clean up the Justice Department, then appointed Stone to the Supreme Court. However, Stone ended up being the first Supreme Court nominee who had to face a hearing in front of the Senate Judiciary Committee, which is standard practice now.

The author has a very detailed description about how he ranked presidents by degree of being forgotten, although it does seem that Jimmy Carter (who fares very badly in this book) was shoehorned in. (Then again, Jimmy Carter's Presidency did have a lot of problems.)

If you truly don't know much about Messrs. Van Buren, Harrison (both of them!), Tyler, Taylor, Fillmore, Pierce, Arthur, Cleveland, Taft, Coolidge, and Carter, then this could be a good book. But if you already know something, I wouldn't recommend it.

[Stephen · Rating 4 out of 5]

A really great synopsis of the political and constitutional legacy of these relatively obscure men. History pays little attention to them but the author really brings to light nuance ways in which they steered America's idea of the presidency. An interesting addition is jimmy Carter and I understand the inclusion. When thinking of the modern president he falls short on a lot of people's list. I really appreciate how the author is able to handle the fact that Carter has not fallen out of the minds of the public yet, but can realize that his presidential impact is already overshadowed in the study of history. Absolutely a great read. Each of those studied are broken down into several sections- points of interest as to how each man changed the way we look at our leader and set precedence for future holders of the office.

[University of Chicago Magazine]

Michael J. Gerhardt, JD'82
Author

From our pages (May–June/13): Criticized for his inaction as president, Calvin Coolidge did little that is widely remembered—upon his death, Dorothy Parker quipped, "How did they know?" Still, says Michael J. Gerhardt, Coolidge did leave his mark, supporting groundbreaking laws and advancing constitutional convictions that remain important to conservative political thought. In his book, Gerhardt analyzes the terms of Coolidge and 12 other unmemorable presidents, arguing that their leadership was less weak and ineffective than popularly imagined. Moreover, says Gerhardt, these forgotten figures' stories illustrate pitfalls of the office, for instance how it draws presidents into the use of prerogatives, often at the expense of political support.

[Du · Rating 4 out of 5]

3.5 Stars. I liked this book. It takes a scholarly look at the Presidents from the constitutionality aspect. In other words, which Presidents had impacts on the Constitution and are otherwise largely forgotten. I really liked the writing and selections that are explored in the book. I think they make a lot of sense, and I learned about each one. One thing I really liked was the lack of too much biography or education about each entry. Sure there is a brief catch up, but this book relies on the reader having some knowledge about the entrant and if not, you can always use the internet to explore.

Good addition to a Presidential knowledge base.

[Christopher Richardson · Rating 3 out of 5]

Its an interesting book but definitely not for those looking for a "Light" and "fun" read of our forgotten Presidents. The book is basically written for lawyers or people really interested in how constitutional law works. The book basically looks at 13 forgotten presidents through the prism of constitutional law. Its a novel way to analyze the Presidents, but parts of it are kinda slow and he does his best to make unremarkable president lemons into significant presidential lemonades. Definitely more a book for lawyers though and he has an unique view of what is a "constitutional issue."

[Paulrus · Rating 2 out of 5]

Had high expectations for this book, but it didn't quite meet them. It focuses more on the constitutional legacy of these presidents, rather than presenting a narrative story or approaching this from a more traditional historical perspective (e.g., there were several mentions of Lochner). Another issue is that there are some basic factual errors, such as saying that Van Buren is the 7th president.

[Tom · Rating 3 out of 5]

An interesting look at 13 of our least remembered presidents, from the perspective of how they had an impact on constitutional law, use of the presidential office and power, and their relationship with Congress and the Judiciary.

[Jason Cecil · Rating 5 out of 5]

Really nice look at "forgotten" presidents who nevertheless made an impact on the office.

[Charles M. · Rating 4 out of 5]

Notable work on the lesser known and forgotten US presidents and how they worked to uphold the Constitutional obligations of their office.

[Jonathan Andre · Rating 5 out of 5]

this book is the best book i ever read

[Steve · Rating 1 out of 5]

I could not get into this book at all slow slow slow