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In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents thematerial in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures.
Covers all important debates in U.S. constitutionalism, organized by historical era
Clearly lays out the political and legal contexts in chapter introductions
Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts
Offers numerous 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
Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman
Howard Gillman is Chancellor and Professor of Law, Political Science, and History at the University of California, Irvine.
Mark A. Graber is the Jacob A. France Professor of Constitutionalism at the University of Maryland Francis King Carey School of Law.
Keith E. Whittington is William Nelson Cromwell Professor of Politics at Princeton University and Director of Graduate Studies in Politics at Princeton University.
Table of Contents
Topical Outline of Volume II Tables, Figures, and Illustrations Preface PART 1. THEMES 1. Introduction to Rights and Liberties I. Constitutional Rights II. Connections III. Sources IV. Constitutional Interpretation V. Constitutional Decision Making VI. Constitutional Authority VII. Scope VIII. Constitutional History IX. Constitutional Politics PART 2. DEVELOPMENT 2. The Colonial Era: Before 1776 I. Introduction II. Foundations A. Sources Constitutions and Amendments The English Bill of Rights B. Principles III. Individual Rights A. Property B. Religion Establishment William Blackstone, Of Offences Against God and Religion John Locke, A Letter Concerning Toleration Roger Williams, The Bloudy Tenent Free Exercise Maryland Toleration Act Legal Exemptions for Religious Believers VI. Democratic Rights A. Free Speech The Zenger Trial V. Equality A. Race Somerset v. Stewart B. Gender VI. Criminal Justice A. Search and Seizure Entick v. Carrington B. Juries and Lawyers The Trial of William Penn and Bushell's Case 3. The Founding Era, 1776-1791 I. Introduction II. Foundations A. Sources Constitutions and Amendments State Bills of Right Virginia Declaration of Rights A Declaration of the Rights of the Inhabitants of the Commonwealth or State of Pennsylvania The Drafting Debates over the National Bill of Rights The Ratification Debates over the National Bill of Rights The Pennsylvania Ratification Debates The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to their Constituents Alexander Hamilton, The Federalist, No. 84 Thomas Jefferson and James Madison, Correspondence The First Congress Debates the Bill of Rights B. Principles Thomas Jefferson, Declaration of Independence James Madison, The Federalist, No. 10 III. Individual Rights A. Property Takings and Due Process Bayard v. Singleton B. Religion Establishment South Carolina Constitution of 1778, Section 38 The Virginia Debate over Religious Assessments A Bill Establishing a Provision for Teachers of the Christian Religion James Madison, Memorial and Remonstrance Against Religious Assessments An Act for Establishing Religious Freedom IV. Democratic Rights A. Free Speech B. Voting John Adams and Benjamin Franklin on Universal Male Suffrage John Adams, Letter to James Sullivan Benjamin Franklin, Queries and Remarks Respecting Alterations in the Constitution of Pennsylvania V. Equality A. Race Commonwealth v. Jennison Thomas Jefferson, Notes on the State of Virginia B. Gender John and Abigail Adams, Correspondence on Women's Rights VI. Criminal Justice A. Juries and Lawyers B. Punishments Benjamin Rush, On Punishing Murder by Death 4. The Early National Era, 1791-1828 I. Introduction II. Foundations A. Sources Natural Law Calder v. Bull The Law of Nations United States v. La Jeune Eugenie B. Principles Marbury v. Madison III. Individual Rights A. Property Contracts Fletcher v. Peck B. Religion Establishment Thomas Jefferson, Letter to the Danbury Baptists Massachusetts Debates Test Oaths Bliss v. Commonwealth IV. Democratic Rights A. Free Speech The Sedition Act The Report of a Select Committee on the Petitions Praying for a Repeal of the Alien and Sedition Laws James Madison, Virginia Report of 1799 B. Voting Massachusetts Debates Property Qualifications C. Citizenship The Alien Friends Act V. Equality A. Race Slavery: The Rights of Masters Congressional Debate over the Missouri Compromise Free Blacks Congressional Debate over the Missouri Compromise and Black Citizenship Amy v. Smith C. Gender Martin v. Commonwealth D. Native Americans Johnson v. McIntosh VI. Criminal Justice A. Search and Seizure Mayo v. Wilson B. Juries and Lawyers United States v. Callender 5. The Jacksonian Era, 1829-1860 I. Introduction II. Foundations A. Scope Incorporation Barron v. Baltimore III. Individual Rights A. Property Contracts Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge Takings Beekman v. The Saratoga and Schenectady Railroad Company Taylor v. Porter & Ford Due Process Wynehamer v. People B. Guns State v. Buzzard IV. Democratic Rights A. Free Speech Congress Debates Incendiary Publications in the Mail Report from the Select Committee on the Circulation of Incendiary Publications (John S. Calhoun) Report of the Minority of the Committee on Post Offices and Post Roads on the President's Message B. Voting Virginia Debates Property Qualifications and Apportionment V. Equality A. Race Slavery: The Rights of Masters Dred Scott v. Sandford Free Blacks Roberts v. City of Boston B. Gender Elizabeth Cady Stanton, Keynote Address, Seneca Falls Convention D. Native Americans The Removal Debates VI. Criminal Justice A. Search and Seizure Commonwealth v. Dana B. Juries and Lawyers Commonwealth v. Anthes 6. Civil War and Reconstruction, 1861-1876 I. Introduction II. Foundations A. Sources Constitutions and Amendments Debates over the Thirteenth Amendment Debates over the Fourteenth Amendment B. Scope Slaughter-House Cases III. Individual Rights A. Property Takings Debate over the Second Confiscation Act Abraham Lincoln, To the Senate and House of Representatives B. Religion IV. Democratic Rights A. Free Speech The Trial of Clement Vallandigham V. Equality A. Equality Under Law Thomas Cooley, A Treatise of the Constitutional Limitations which Rest upon the Legislative Power of the States of the American Union B. Race Implementing the Thirteen Amendment Congressional Debates over the Second Freedmen's Bureau Act The States and School Segregation Clark v. Board of School Directors C. Gender The Senate Debates Women's Suffrage Bradwell v. Illinois VI. Criminal Justice A. Due Process and Habeas Corpus The Civil War Ex Parte Milligan 7. The Republican Era, 1877-1932 I. Introduction II. Foundations A. Sources Constitutions and Amendments The Debate over the Nineteenth Amendment B. Scope Incorporation Twining v. New Jersey Extraterritoriality Balzac v. Porto Rico State Action Civil Rights Cases III. Individual Rights A. Property Takings Mugler v. Kansas Pennsylvania Coal Co. v. Mahon Due Process In re Jacobs Lochner v. New York Muller v. Oregon Adkins v. Children's Hospital B. Religion Free Exercise Reynolds v. United States C. Personal Freedom and Public Morality Meyer v. Nebraska Buck v. Bell IV. Democratic Rights A. Free Speech Schenck v. United States Whitney v. California Near v. Minnesota B. Citizenship United States v. Wong Kim Ark United States v. Schwimmer V. Equality A. Equality Under Law Yick Wo v. Hopkins B. Race The Rise of Jim Crow Plessy v. Ferguson John B. Knox, Address to the Alabama Constitutional Convention The Birth of the Civil Rights Movement Buchanan v. Warley C. Gender Debates over the Blanket Amendment VI. Criminal Justice A. Search and Seizure Boyd v. United States Weeks v. United States People v. Defore Olmstead v. United States B. Juries and Lawyers Powell v. Alabama 8. The New Deal/Great Society Era, 1933-1968 I. Introduction II. Foundations A. Principles United States v. Carolene Products Co. B. Scope Incorporation Duncan v. Louisiana State Action Shelley v. Kraemer Jones v. Alfred H. Mayer Co. III. Individual Rights A. Property Contracts Home Building & Loan Association v. Blaisdell Due Process West Coast Hotel Co. v. Parrish Williamson v. Lee Optical, Inc. B. Religion Establishment Engel v. Vitale Free Exercise Sherbert v. Verner C. Personal Freedom and Public Morality Skinner v. State of Oklahoma ex rel. Williamson Perez v. Sharp Griswold v. Connecticut IV. Democratic Rights A. Free Speech West Virginia State Board of Education v. Barnette Dennis v. United States New York Times Co. v. Sullivan United States v. O'Brien Brandenburg v. Ohio B. Voting The Right to Vote Harper v. Virginia Board of Elections Reapportionment Reynolds v. Sims The Voting Rights Acts Congressional Reports on the Voting Rights Act of 1965 Katzenbach v. Morgan V. Equality A. Race Strict Scrutiny Korematsu v. United States The Road to Brown Civil Rights Advocates Debate Strategy W.E. B. Du Bois, Does the Negro Need Separate Schools? Chas. H. Thompson, Court Action the Only Reasonable Alternative to Remedy Immediate Abuses of the Negro Separate School Brown v. Board of Education of Topeka (Brown I) Bolling v. Sharpe Brown v. Board of Education of Topeka (Brown II) Implementing Brown Green v. County Scholl Board of New Kent County VI. Criminal Justice A. Due Process and Habeas Corpus Wickersham Commission, Report on Lawlessness in Law Enforcement Ex parte Quirin B. Search and Seizure Mapp v. Ohio Katz v. United States C. Interrogations Miranda v. Arizona D. Juries and Lawyers Gideon v. Wainwright 9. Liberalism Divided, 1969-1980 I. Introduction II. Foundations A. Scope State Action Moose Lodge No. 107 v. Irvis III. Individual Rights A. Property Due Process Dandridge v. Williams B. Religion Free Exercise Wisconsin v. Yoder C. Personal Freedom and Public Morality Abortion Roe v. Wade Debate over the Human Life Amendment VI. Democratic Rights A. Free Speech New York Times Co. v. United States Campaign Finance Buckley v. Valeo B. Voting The Right to Vote Richardson v. Ramirez V. Equality A. Equality Under Law San Antonio Independent School District v. Rodriguez B. Race Implementing Brown Swann v. Charlotte-Mecklenburg Board of Education Executive and Legislative Attacks on Busing Richard Nixon, Special Message to the Congress on Equal Educational Opportunities and School Busing Hubert Humphrey, Senate Retreats from Equal Opportunity Affirmative Action Regents of the University of California v. Bakke Racial Discrimination Washington v. Davis C. Gender Debate over the Equal Rights Amendment Ruth Bader Ginsburg and Brenda Feigen Fasteau, Sex Bias in the U.S. Code Phyllis Schlafly, A Short History of E.R.A. The Standard of Constitutional Protection Frontiero v. Richardson VI. Criminal Justice A. Search and Seizure United States v. Calandra B. Interrogations Harris v. New York People v. Disbrow C. Punishments Gregg v. Georgia PART 3. CONTEMPORARY ISSUES 10. The Reagan Era, 1981-1993 I. Introduction II. Foundations A. Sources Constitutions and Amendments Debate over the Flag Protection Amendment B. Scope State Action DeShaney v. Winnebago County Department of Social Services II. Individual Rights A. Property Takings Lucas v. South Carolina Coastal Council B. Religion Establishment Ronald Reagan, Speech to National Religious Broadcasters Mueller v. Allen Lee v. Weisman Free Exercise Employment Division v. Smith House Committee on the Judiciary, Report on the Religious Freedom Restoration Act C. Guns Debate over the Federal Assault Weapons Ban D. Personal Freedom and Public Morality Abortion The Reagan Administration on Roe v. Wade Planned Parenthood of Southeastern Pennsylvania v. Casey Gay Rights Bowers v. Hardwick IV. Democratic Rights A. Free Speech Advocacy Texas v. Johnson Public Property, Subsidies, Employees, and Schools Rust v. Sullivan Campaign Finance B. Voting The Voting Rights Acts Senate Committee on the Judiciary, Senate Report on the Voting Rights Act Amendments of 1982 Majority-Minority Districts Shaw v. Reno The Lani Guinier Nomination Fight Clint Bolick, Clinton's Quota Queens Lani Guinier, What I Would Have Told the Senate C. Citizenship Plyler v. Doe V. Equality A. Equality Under Law Rose, et al. v. Council for Better Education B. Race Implementing Brown Freeman v. Pitts Affirmative Action City of Richmond v. J.A. Croson Co. C. Gender National Party Platforms on Women's Rights Democratic Party Platform Republican Party Platform American Nurses' Association v. State of Illinois D. Native Americans VI. Criminal Justice A. Search and Seizure United States v. Leon B. Juries and Lawyers Labor Executives Association Batson v. Kentucky C. Punishments McCleskey v. Kemp The First Presidential Debate 11. The Contemporary Era, 1994-Present I. Introduction II. Foundations A. Scope Incorporation McDonald v. City of Chicago Extraterritoriality Boumediene v. Bush III. Individual Rights A. Property Takings Kelo v. City of New London B. Religion Establishment Zelman v. Simmons-Harris Free Exercise City of Boerne v. Flores * Burwell v. Hobby Lobby Stores C. Guns John Ashcroft, Letter to National Rifle Association District of Columbia v. Heller D. Personal Freedom and Public Morality Gay Rights Lawrence v. Texas * Obergefell v. Hodges IV. Democratic Rights A. Free Speech Advocacy Snyder v. Phelps Public Property, Subsidies, Employees, and Schools Hill v. Colorado Campaign Finance Citizens United v. Federal Election Commission Other Free Speech Issues Boy Scouts of America et al. v. Dale B. Voting The Right to Vote Bush v. Gore The Voting Rights Acts Northwest Austin Municipal Utility District No. One v. Holder Regulating Elections Crawford v. Marion County Election Board C. Citizenship V. Equality A. Equality Under Law Romer v. Evans B. Race Affirmative Action Grutter v. Bollinger Parents Involved in Community Schools v. Seattle School District No. 1 Racial Profiling Department of Justice, Fact Sheet: Racial Profiling C. Gender United States v. Virginia VI. Criminal Justice A. Due Process and Habeas Corpus The Antiterrorism and Effective Death Penalty Act Congressional Debate over the AEDPA William J. Clinton, Statement on Signing the Antiterrorism and Effective Death Penalty Act of 1996 Felker v. Turpin B. Search and Seizure * United States v. Jones C. Interrogations Dickerson v. United States D. Punishments * Glossip v. Gross F. Infamous Crimes and Criminals The War on Terror The USA Patriot Act Senate Debate over the Patriot Act George W. Bush, Remarks on Signing the USA Patriot Act of 2001 Hamdi v. Rumsfeld Republican Presidential Candidates Debate Enhanced Interrogation 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 Cases