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Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach inAmerican Constitutionalism.Organized according to the standard two-semester sequence--in whichVolume IcoversinstitutionsandVolume IIcoversRights and Liberties--this text is unique in that itpresents the material in a historical organization within each volume,as opposed to the typical issues-based organization. FEATURES: * Coversall important debatesin U.S. constitutionalism,organized by historical era * Incorporatesreadings from all of the prominent participantsin those debates * Clearly lays out thepolitical and legal contextsin chapter introductions * Integratesmore documents and cases than any other text on the market, including decisions made by elected officials and state courts * Offersnumerous pedagogical features,including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings COMING SOON: American Constitutionalism: Volume II: Rights and Liberties(978-0-19-975135-8)
Table of Contents
Topical Outline of Volume I Tables, Figures, and Illustrations Preface PART 1. THEMES 1. Introduction to American Constitutionalism I. What Is a Constitution? II. Constitutional Purposes III. Constitutional Interpretation and Decision Making IV. Constitutional Authority V. Constitutional Change VI. Constitutional Politics and Law PART 2. DEVELOPMENT 2. The Colonial Era, Before 1776 I. Introduction II. Judicial Power and Constitutional Authority William Blackstone, Commentaries on the Laws of England Massachusetts Assembly Memorial John Dickinson, Letters from a Farmer in Pennsylvania III. Powers of the National Government Thomas Whately, The Regulations Lately Made Daniel Dulany, Considerations of the Propriety of Imposing Taxes in the British Colonies IV. Separation of Powers Boston List of Infringements The Declaration of Independence 3. The Founding Era, 1776-1789 I. Introduction II. Judicial Power and Constitutional Authority A. Judicial Review Robert Yates, "Brutus" The Federalist, No. 78 B. The Absence of a Bill of Rights James Wilson, State House Yard Speech The Federalist, No. 84 III. Powers of the National Government Articles of Confederation The Virginia Plan The New Jersey Plan Article I, Section 8 of the Constitution of the United States Samuel Adams, Letter to Richard Henry Lee The Federalist, Nos. 1, 10, and 23 Note: Slavery and the Constitution IV. Federalism Representation of State Interests Debate in the Constitutional Convention Melancton Smith, Speech to the New York Ratification Convention V. Separation of Powers Debate in the Constitutional Convention The Federalist, Nos. 51, 70, and 71 "Centinel," Letter No. 1 4. The Early National Era, 1789-1828 I. Introduction Alexander Hamilton, Report on Manufacturers Thomas Jefferson, First Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Review Calder v. Bull Marbury v. Madison B. Judicial Supremacy Thomas Jefferson on Departmentalism C. Federal Review of the States Martin v. Hunter's Lessee III. Powers of the National Government A. General Principles Note: Strict Construction B. Necessary and Proper Clause Debate on the Bank of the United States House Debate on the Bank Thomas Jefferson, Opinion on the Constitutionality of the Bill for Establishing a National Bank Alexander Hamilton, Opinion as to the Constitutionality of the Bank of the United States McCulloch v. Maryland Spencer Roane and John Marshall on McCulloch v. Maryland Debate on the Military Draft James Monroe, Proposal for a Military Draft Daniel Webster, Speech on the Proposed Military Draft C. Territorial Acquisition and Governance Senate Debate on the Louisiana Purchase House Debate on the Missouri Compromise D. Power to Regulate Commerce United States v. The William Josiah Quincy, Speech on Foreign Relations Gibbons v. Ogden E. Taxing and Spending Power House Report on Internal Improvements James Monroe, "Views of the President of the United States on the Subject of Internal Improvements" IV. Federalism A. Sovereign Immunity Chisholm v. Georgia Note: The Passage of the Eleventh Amendment B. State Authority to Interpret the Constitution Virginia and Kentucky Resolutions of 1798 Resolution of the State of Rhode Island and Providence Plantations to Virginia V. Separation of Powers A. General Principles Note: The Power to Act beyond the Constitution B. Appointment and Removal Powers House Debate on Removal of Executive Officers C. Executive Privilege House Debate on the Jay Treaty George Washington, Response to the House on the Jay Treaty James Madison, Response to the President's Message D. Legislative Powers of the President Note: The Veto Power and the Legislative Role of the President E. Presidential Power to Execute the Law William Wirt, Opinion on the President and Accounting Officers F. Elections and Political Parties Note: The Constitution and the Election of 1800 5. The Jacksonian Era, 1829-1860 I. Introduction "An Introductory Statement of the Democratic Principle," The Democratic Review John Quincy Adams, First Annual Message II. Constitutional Authority and Judicial Power A. Federal Judicial Structure and Judicial Selection Note: Jacksonians Reorganize the Federal Judiciary Debate on the Electoral Accountability of the Judiciary, Ohio Constitutional Convention B. Constitutional Litigation Luther v. Borden III. Powers of the National Government A. Necessary and Proper Clause Andrew Jackson, Veto Message Regarding the Bank of the United States B. Fugitive Slave Clause Salmon Chase, Speech in the Case of the Colored Woman Matilda Prigg v. Pennsylvania John J. Crittenden, Opinion on the Constitutionality of the Fugitive Slave Bill C. Territorial Acquisition and Governance Congressional Debate on the Annexation of Texas Dred Scott v. Sandford Abraham Lincoln, Speech on Slavery in the Territories IV. Federalism A. States and the Commerce Clause Willson v. Black Bird Creek Marsh Company City of New York v. Miln Cooley v. Board of Wardens of the Port of Philadelphia B. State Authority to Interpret the Constitution John C. Calhoun, "Fort Hill Address" Andrew Jackson, Proclamation on Nullification C. States and Native American Sovereignty Worcester v. Georgia V. Separation of Powers A. Presidential Power to Execute the Law The Debate over the Removal of the Deposits Andrew Jackson, Paper on the Removal of the Deposits Henry Clay, Speech on the Removal of the Deposits Andrew Jackson, Protest of the Censure Resolution B. Presidential War and Foreign Affairs Powers James Polk, Second Annual Message House Debate on the Constitutionality of the Mexican War C. Legislative Powers of the President House Debate on the Veto Power 6. Secession, Civil War, and Reconstruction, 1861-1876 I. Introduction II. Constitutional Authority and Judicial Power A. Judicial Structure and Judicial Selection Note: The Republicans Reorganize the Judiciary B. Judicial Supremacy Lincoln on Departmentalism C. Constitutional Litigation Mississippi v. Johnson Ex parte McCardle III. Powers of the National Government A. Necessary and Proper Clause Legal Tender Congressional Debate on the Legal Tender Bill Hepburn v. Griswold Legal Tender Cases B. Federal Power to Enforce Civil Rights Senate Debate over the Civil Rights Act of 1866 Civil Rights Act of 1866 IV. Federalism A. Secession South Carolina Ordinance of Secession Jeremiah Black, Opinion on the Power of the President in Executing the Laws Abraham Lincoln, First Inaugural Address B. Federalism during the Civil War 1. Federalism in the North 2. Federalism in the South C. The Status of the Southern States during Reconstruction William T. Sherman, "Memorandum" Andrew Johnson, First Annual Message Henry Winter Davis, "No Peace Before Victory" Charles Sumner, "State Rebellion, State Suicide" Thaddeus Stevens, Speech on Reconstruction Texas v. White D. Constitutional Amendment and Ratification Note: The Validity of the Fourteenth Amendment V. Separation of Powers A. General Principles Abraham Lincoln, Fourth of July Message to Congress B. Martial Law and Habeas Corpus Ex parte Merryman Edward Bates, Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus The Habeas Corpus Act of 1863 C. Presidential War and Foreign Affairs Powers Abraham Lincoln, "Emancipation Proclamation" Benjamin Curtis, Executive Power The Prize Cases D. Impeaching and Censuring the President Note: The Impeachment of Andrew Johnson 7. The Republican Era, 1877-1932 I. Introduction David J. Brewer, "The Nation's Safeguard" Woodrow Wilson, "The Meaning of Democracy" II. Judicial Power and Constitutional Authority A. Judicial Review Slaughter-House Cases Theodore Roosevelt, "A Charter of Democracy" William Howard Taft, Veto of Arizona Statehood B. Constitutional Litigation Frothingham v. Mellon III. Powers of the National Government A. Federal Power to Enforce Civil Rights Note: From the Civil Rights Act to the Civil Rights Cases Civil Rights Cases Congressional Debate on Lynching B. Power to Regulate Commerce Senate Debate on the Sherman Anti-Trust Act United States v. E.C. Knight Company Note: Federalism, the Sherman Act, and the Unions Champion v. Ames ("The Lottery Case") Hammer v. Dagenhart C. Taxing and Spending Power Pollock v. Farmers' Loan and Trust Co. Pollock v. Farmers' Loan and Trust Co. (Rehearing) Bailey v. Drexel Furniture Company D. Treaty Power Missouri v. Holland E. Necessary and Proper Clause Selective Draft Law Cases (Arver et al. v. U.S.) F. Territorial Acquisition and Governance Insular Cases IV. Federalism A. States and the Commerce Clause Wabash, St. Louis & Pacific Railroad v. Illinois B. Police Powers Thomas M. Cooley, Constitutional Limitations Munn v. State of Illinois C. Representation of State Interests George F. Hoar, "Direct Election of Senators" V. Separation of Powers A. Appointment and Removal Power Myers v. United States B. Inherent Presidential Power Presidents on Presidential Power Grover Cleveland, "The Independence of the Executive" Theodore Roosevelt, An Autobiography William Howard Taft, Our Chief Magistrate and His Powers Woodrow Wilson, Constitutional Government in the United States C. Nondelegation of Legislative Power J.W. Hampton, Jr. & Co. v. United States D. Elections and Political Parties Note: Crisis of 1876 and the Electoral Count Act of 1887 8. The New Deal and Great Society Era, 1933-1968 I. Introduction Franklin D. Roosevelt, Commonwealth Club Address Dwight Eisenhower, Letter to Edgar Newton Eisenhower II. Judicial Power and Constitutional Authority A. Judicial Review United States v. Carolene Products B. Judicial Supremacy Franklin Roosevelt, Undelivered Speech on the Gold-Clause Cases Franklin Roosevelt, Fireside Chat on Court-Packing Plan Senate Judiciary Committee Report on President Roosevelt's Court-Packing Plan The Southern Manifesto Dwight Eisenhower, Address to the Nation on the Introduction of Troops in Little Rock Cooper v. Aaron Note: Court-Curbing and the Warren Court C. Constitutional Litigation Note: Declaratory Judgments Flast v. Cohen Baker v. Carr D. Federal Review of the States Note: The Incorporation of The Bill of Rights III. Powers of the National Government A. Power to Regulate Commerce Schechter Poultry Corp. v. United States National Labor Relations Board v. Jones & Laughlin Steel Corp. Wickard v. Filburn Justice Robert Jackson, Memo on Wickard B. Federal Power to Enforce Civil Rights Congressional Debate over the Civil Rights Act of 1964 Heart of Atlanta Motel, Inc. v. United States South Carolina v. Katzenbach C. Taxing and Spending Power United States v. Butler Steward Machine Co. v. Davis IV. Federalism V. Separation of Powers A. General Principles Youngstown Sheet & Tube Co. v. Sawyer B. Appointment and Removal Powers Humphrey's Executor v. United States C. Nondelegation of Legislative Powers Schechter Poultry Corp. v. United States United States v. Curtiss-Wright Export Corporation D. Executive Privilege William P. Rogers, Senate Testimony on Executive Privilege 9. Liberalism Divided, 1969-1980 I. Introduction Richard M. Nixon, Speech Accepting the Republican Presidential Nomination Jimmy Carter, Inaugural Address II. Judicial Power and Constitutional Authority A. Constitutional Litigation Powell v. McCormack Laird v. Tatum Rehnquist Memo in Laird v. Tatum III. Powers of the National Government IV. Federalism A. State Immunity from Federal Regulation National League of Cities v. Usery B. Interstate Travel Shapiro v. Thompson V. Separation of Powers A. Presidential War and Foreign Affairs Powers Leonard C. Meeker, The Legality of the United States' Participation in the Defense of Viet-Nam J. William Fulbright, Congress and Foreign Policy The War Powers Act of 1973 Richard Nixon, Veto of the War Powers Resolution United States v. United States District Court (the "Keith case") B. Executive Privilege United States v. Nixon PART 3. CONTEMPORARY ISSUES 10. Reagan-Bush Era, 1981-1993 I. Introduction Ronald Reagan, First Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Supremacy Edwin Meese, "The Law of the Constitution" B. Judicial Review William H. Rehnquist, "The Notion of a Living Constitution" William J. Brennan, "The Constitution of the United States: Contemporary Ratification" The Nomination of Robert H. Bork to the U.S. Supreme Court Ronald Reagan, "Address to the Nation" Senate Judiciary Committee Hearings on the Nomination of Robert Bork Note: Modern Court-Curbing III. Powers of the National Government A. General Principles Ronald Reagan, Remarks at the National Conference of State Legislatures B. Taxing and Spending Power South Dakota v. Dole IV. Federalism A. States and the Commerce Clause Garcia v. San Antonio Metropolitan Transit Authority et al. B. Constitutional Amendment and Ratification Note: The Validity of the Twenty-Seventh Amendment V. Separation of Powers A. Sharing the Legislative Power Immigration and Naturalization Service v. Chadha B. Presidential Power to Execute the Law Bowsher v. Synar Morrison v. Olson 11. The Contemporary Era, 1994-Present I. Introduction William J. Clinton, Fourth Annual Message Barack Obama, Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Review City of Boerne v. Flores The Nomination of Samuel Alito to the U.S. Supreme Court B. Constitutional Litigation Doe v. Bush Massachusetts v. Environmental Protection Agency C. Judicial Structure and Selection Note: Judicial Appointments and Confirmations Senate Debate on the "Nuclear Option" III. Powers of the National Government A. Power to Regulate Commerce United States v. Lopez Gonzales v. Raich B. Federal Power to Enforce Civil Rights United States v. Morrison IV. Federalism A. State Regulation of Federal Elections U.S. Term Limits v. Thornton B. Non-Commandeering Printz v. United States C. Sovereign Immunity Alden v. Maine V. Separation of Powers A. Sharing the Legislative Power Clinton v. City of New York B. Presidential Power to Execute the Law Walter Dellinger, "Presidential Authority to Decline to Execute Unconstitutional Statutes" Note: The Bush Administration, Presidential Signing Statements, and the Obligation to Faithfully Execute the Law C. Presidential War and Foreign Affairs Powers John Yoo, The President's Constitutional Authority to Conduct Military Operations Memoranda on Standards of Conduct of Interrogation ("Torture Memos") Jay S. Bybee, Memo to Alberto R. Gonzales, Counsel to the President John Yoo, Memo to William Haynes II, General Counsel of the Department of Defense Daniel Levin, Memo to James B. Comey, Deputy Attorney General Caroline D. Krass, Memorandum Opinion on the Authority to Use Military Force in Libya John Cornyn, Speech on Congressional Authorization to Use Military Force in Libya D. Martial Law and Habeas Corpus Hamdi v. Rumsfeld E. Executive Privilege Cheney v. United States District Court for the District of Columbia F. Immunity from Judicial Processes Clinton v. Jones APPENDICES 1. Constitution of the United States of America 2. Researching and Reading Government Documents 3. Chronological Table of Presidents, Congress, and the Supreme Court Glossary Index