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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 in American Constitutionalism. Organized according to the standard two-semester sequence--in whichVolume IcoversStructures of GovernmentandVolume IIcoversRights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. FEATURES: * Covers all important debates in U.S. constitutionalism, organized by historical era * Incorporates readings from all of the prominent participants in those debates * 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
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 Massachusetts Body of Liberties B. Principles C. Scope III. Individual Rights A. Property B. Religion Establishment Blackstone, Of Offences Against God and Religion Locke, A Letter Concerning Toleration Williams, The Bloudy Tenent Witherspoon, The Dominion of Providence over the Passions of Men Free Exercise Maryland Toleration Act Legal Exemptions for Religious Believers C. Guns D. Personal Freedom and Public Morality VI. Democratic Rights A. Free Speech The Zenger Trial B. Voting C. Citizenship V. Equality A. Equality Under Law B. Race Somerset v. Stewart C. Gender D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus B. Search and Seizure Entick v. Carrington C. Interrogations D. Juries and Lawyers The Trial of William Penn and Bushell's Case E. Punishments 3. The Founding Era, 1776-1791 I. Introduction II. Foundations A. Sources Constitutions and Amendments State Constitutions State Bills of Right Virginia Declaration of Rights A Declaration of the Rights of the Inhabitants of the Commonwealth or State of Pennsylvania The Federal Constitution The Bill of Rights The Drafting Debates The Ratification Debates The Pennsylvania Ratification Debates The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to their Constituents Federalist No. 84 The Correspondence between Thomas Jefferson and James Madison The Debates in the First Congress The Law of Nations Rutgers v. Waddington B. Principles Jefferson, Declaration of Independence Federalist No. 10 C. Scope III. Individual Rights A. Property Contracts Takings and Due Process Bayard v. Singleton B. Religion Establishment Constitution of South Carolina The Virginia Debate over Religious Assessments A Bill Establishing a Provision for Teachers of the Christian Religion Madison, "Memorial and Remonstrance Against Religious Assessments" An Act for Establishing Religious Freedom Free Exercise The House Debate over Conscientious Objectors C. Guns D. Personal Freedom and Public Morality IV. Democratic Rights A. Free Speech Respublica v. Oswald B. Voting John Adams and Benjamin Franklin on Universal Male Suffrage The Debate over Property Qualifications C. Citizenship American Identity V. Equality A. Equality Under Law B. Race Commonwealth v. Jennison Jefferson, Notes on the State of Virginia C. Gender John and Abigail Adams Debate Women's Rights D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus B. Search and Seizure C. Interrogations Commonwealth of Pennsylvania v. Dillon D. Juries and Lawyers E. Punishments 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 C. Scope III. Individual Rights A. Property Contracts Fletcher v. Peck Takings and Due Process University of North Carolina v. Foyk B. Religion Establishment Jefferson, To the Danbury Baptists Massachusetts Debates Test Oaths Blasphemy Free Exercise Washington, Letter to the Jews of Newport Commonwealth v. Wolf C. Guns Bliss v. Commonwealth D. Personal Freedom and Public Morality 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 Madison, Virginia Report of 1799 People v. Croswell B. Voting Massachusetts Debates Property Qualifications C. Citizenship The Alien Friends Act V. Equality A. Equality Under Law Holden v. James B. Race Slavery: The Rights of Masters The Missouri Compromise Slavery and Free Blacks Commonwealth v. Griffith Free Blacks The Missouri Compromise Amy v. Smith C. Gender Martin v. Commonwealth D. Native Americans Johnson v. McIntosh VI. Criminal Justice A. Due Process and Habeas Corpus B. Search and Seizure Mayo v. Wilson C. Interrogations D. Juries and Lawyers United States v. Callender E. Punishments James v. Commonwealth F. Infamous Crimes and Criminals: The Burr Trial U.S. v. Burr 5. The Jacksonian Era, 1829-1860 I. Introduction II. Foundations A. Sources B. Principles C. 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. Religion Establishment Free Exercise The Debate over Catholic Schools in New York City C. Guns State v. Buzzard D. Personal Freedom and Public Morality IV. Democratic Rights A. Free Speech Congress Debates Incendiary Publications in the Mail B. Voting Virginia Debates Property Qualifications and Apportionment C. Citizenship V. Equality A. Equality Under Law Holden v. James B. Race Slavery: The Rights of Masters Slavery in the Territories Dred Scott v. Sandford Free Blacks Roberts v. City of Boston C. Gender The Seneca Falls Convention D. Native Americans The Removal Debates VI. Criminal Justice A. Due Process and Habeas Corpus The Booth Cases In re Booth Ableman v. Booth B. Search and Seizure Rohan v. Sawin Commonwealth v. Dana C. Interrogations D. Juries and Lawyers Commonwealth v. Anthes E. Punishments 6. Secession, Civil War, and Reconstruction, 1861-1876 I. Introduction II. Foundations A. Sources Constitutions and Amendments The Thirteenth Amendment The Fourteenth Amendment B. Principles C. Scope Slaughter-House Cases III. Individual Rights A. Property Contracts Takings The Second Confiscation Act Due Process B. Religion Establishment Free Exercise C. Guns D. Personal Freedom and Public Morality IV. Democratic Rights A. Free Speech The Trial of Clement Vallandigham B. Voting Congress Debates the Ironclad Oath C. Citizenship V. Equality A. Equality Under Law 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 The Second Freedmen's Bureau Act Implementing the Fourteenth Amendment The Civil Rights Act of 1875 Federal Courts and Reconstruction The States and School Segregation Clark v. Board of School Directors C. Gender The Senate Debates Women's Suffrage Bradwell v. State D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus The Civil War Ex Parte Milligan Reconstruction B. Search and Seizure C. Interrogations D. Juries and Lawyers E. Punishments 7. The Republican Era, 1877-1932 I. Introduction II. Foundations A. Sources Constitutions and Amendments The Eighteenth Amendment The Nineteenth Amendment The Law of Nations The Paquete Habana B. Principles C. Scope Incorporation Twining v. New Jersey Extra-territoriality Ross v. McIntyre Balzac v. Porto Rico State Action Civil Rights Cases III. Individual Rights A. Property Contracts Takings Mugler v. Kansas Pennsylvania Coal Co. v. Mahon Due Process In re Jacobs Holden v. Hardy Lochner v. New York Muller v. Oregon Adkins v. Children's Hospital B. Religion Establishment Crafts, The Civil Sabbath: The Friend, Not the Foe, of Liberty Nash, The Sunday Law: Unconstitutional and Unscriptural Free Exercise Reynolds v. United States C. Guns D. Personal Freedom and Public Morality Commonwealth v. Campbell Meyer v. Nebraska Buck v. Bell IV. Democratic Rights A. Free Speech Schenck v. United States Whitney v. California Near v. State of Minnesota ex rel. Olson B. Voting State ex rel. Runge v. Anderson C. Citizenship United States v. Wong Kim Ark United States v. Schwimmer V. Equality A. Equality Under Law Yick Wo v. Hopkins B. Race U.S. v. Bhagat Singh Thind The Rise of Jim Crow The Lodge Federal Elections Bill Plessy v. Ferguson The Alabama Constitutional Convention The Birth of the Civil Rights Movement Buchanan v. Warley C. Gender The Blanket Amendment Debate D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus Moore v. Dempsey Search and Seizure Boyd v. U.S. Weeks v. U.S. People v. Defore Olmstead v. United States C. Interrogations D. Juries and Lawyers Powell v. Alabama E. Punishments Weems v. United States 8. The New Deal/Great Society Era, 1933-1968 I. Introduction II. Foundations A. Sources Constitutions and Amendments The Law of Nations B. Principles United States v. Carolene Products Co. American Civil Liberties Union, Policy Guide C. Scope Incorporation Duncan v. Louisiana Extra-territoriality Reid v. Covert State Action Smith v. Allwright Shelly v. Kraemer Jones v. Alfred H. Mayer Co. III. Individual Rights A. Property B. Contracts Home Building & Loan Ass'n v. Blaisdell Takings 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. Guns D. 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 The Internal Security Act McCarran, The Internal Security Act of 1950 Truman, Veto of the Internal Security Bill Dennis v. United States New York Times v. Sullivan United States v. O'Brien Brandenburg v. Ohio Media Red Lion Broadcasting Co. v. Federal Communications Commission Other Free Speech Issues B. Voting The Voting Rights Act of 1965 Katzenbach v. Morgan Reynolds v. Sims Harper v. Virginia Bd. of Elections C. Citizenship V. Equality A. Equality Under Law B. Race Strict Scrutiny Korematsu v. United States The Road to Brown Margold, Preliminary Report to the Joint Committee Supervising the Expenditure of the 1930 Appropriation by the American Fund for Public Service to the N.A.A.C.P 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) Boiling v. Sharpe Brown v. Board of Education of Topeka (Brown II) Implementing Brown The Reaction to Brown "All Deliberate Speed" Green v. County Sch. Bd. of New Kent County C. Gender D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus The Wickersham Commission Report Griffin v. Illinois Fay v. Noia 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 E. Punishments 9. Liberalism Divided, 1969-1980 I. Introduction II. Foundations A. Sources Constitutions and Amendments B. Principles C. Scope State Action Moose Lodge No. 107 v. Irvis III. Individual Rights A. Property Contracts Takings Penn Central Transp. Co. v. New York City Due Process Dandridge v. Williams B. Religion Establishment Free Exercise Wisconsin v. Yoder C. Guns D. Personal Freedom and Public Morality Roe v. Wade The Human Life Amendment VI. Democratic Rights A. Free Speech New York Times Company v. United States Campaign Finance Buckley v. Valeo B. Voting The Voting Rights Acts of 1970 and 1975 The Right to Vote Richardson v. Ramirez Reapportionment Gaffney v. Cummings Regulating Elections C. Citizenship 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 Affirmative Action Regents of the University of California v. Bakke Racial Discrimination Washington v. Davis C. Gender The National Organization of Women The Debate over the Equal Rights Amendment Ginsburg and Fasteau, Sex Bias in the U.S. Code Schlafly, A Short History of E.R.A. The Standard of Constitutional Protection Frontiero v. Richardson Military Service Pregnancy D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus In re Winship Wainwright v. Sykes B. Search and Seizure U.S. v. Calandra C. Interrogations Harris v. New York People v. Disbrow D. Juries and Lawyers Peters v. Kiff E. Punishments Gregg v. Georgia PART 3. CONTEMPORARY ISSUES 10. The Reagan Era, 1981-1993 I. Introduction II. Foundations A. Sources Constitutions and Amendments The Debate over the Flag Protection Amendment The Law of Nations B. Principles Office of Legal Policy, Guidelines on Constitutional Litigation Mellor, Natural Rights and the Future of Public Interest Law C. Scope State Action DeShaney v. Winnebago County Dept. of Social Services II. Individual Rights A. Property Contracts Takings Lucas v. South Carolina Coastal Council Due Process B. Religion Establishment Reagan, Speech to National Religious Broadcasters Mueller v. Allen Edwards v. Aguillard Lee v. Weisman Free Exercise Employment Division v. Smith The Religious Freedom Restoration Act C. Guns The Federal Assault Weapons Ban D. Personal Freedom and Public Morality The Reagan Administration on Roe v. Wade Planned Parenthood of Southeastern Pennsylvania v. Casey Bowers v. Hardwick IV. Democratic Rights A. Free Speech Advocacy Texas v. Johnson The Hate Speech Debate Doe v. University of Michigan Public Property, Subsidies, Employees and Schools Rust v. Sullivan Campaign Finance Media The Fairness Doctrine Federal Communications Commission, Inquiry into Section 73.1910 Reagan, Message to the Senate Returning Without Approval the Fairness in Broadcasting Bill Hollings, Speech in Response to Reagan Veto Other Free Speech Issues Obscenity and Pornography Commercial Speech Expressive Association B. Voting The Voting Rights Acts The Voting Rights Act Amendments of 1982 Majority-Minority Districts Shaw v. Reno The Lani Guinier Nomination Fight Bolick, Clinton's Quota Queens Guinier, What I Would Have Told the Senate Gerrymandering Regulating Elections C. Citizenship Plyler v. Doe V. Equality A. Equality Under Law Rose, et al. v. Council for Better Education, et al. B. Race Implementing Brown Freeman v. Pitts Affirmative Action Two Presidents on Affirmative Action Reagan, Radio Address to the Nation on Civil Rights Clinton, Remarks on Affirmative Action City of Richmond v. J.A. Croson Co. C. Gender National Party Platforms on Women's Rights The Democratic Party Platform The Republican Party Platform American Nurses' Ass'n v. State of Ill. Johnson v. Transportation Agency, Santa Clara County D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus Herrera v. Collins B. Search and Seizure United States v. Leon Skinner v. Railway Labor Executives' Association C. Interrogations D. Juries and Lawyers Batson v. Kentucky E. Punishments McCleskey v. Kemp The First Presidential Debate 11. The Contemporary Era, 1995-2012 I. Introduction II. Foundations A. Sources Constitutions and Amendments Comparative Constitutional Law The Law of Nations B. Principles C. Scope Incorporation McDonald v. City of Chicago Extra-territoriality Boumediene v. Bush III. Individual Rights A. Property Contracts Takings Kelo v. City of New London Due Process B. Religion Establishment Aid to Religious Institutions Zelman v. Simmons-Harris Religion in the Public Sphere Religion in Schools Kitzmiller v. Dover Area School Dist. Free Exercise City of Boerne v. Flores The Debate over Exemptions from the Health Care Act Obama, Remarks on Preventive Health Care Insurance Coverage and an Exchange with Reporters United States Conference of Catholic Bishops, Bishops Renew Call to Legislative Action on Religious Liberty Establishment and Free Exercise (and Free Speech) C. Guns Ashcroft, Letter to National Rifle Association District of Columbia v. Heller D. Personal Freedom and Public Morality Abortion Gay Rights Lawrence v. Texas Goodridge v. Department of Public Health The Defense of Marriage Act Report from the House Committee on the Judiciary, Defense of Marriage Act Dissenting Views on H.R. 3396 Holder, "Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act States Debate Same-Sex Marriage The New York Same-Sex Marriage Law, Statement in Support Christie, Veto Message Stand for Marriage Maine, Why Marriage Matters Right to Die (and Right to Life) The Terri Schiavo Affair In re Guardianship of Schiavo The Congressional Debate Bush, Statement in the Signing of Legislation for the Relief of the Parents of Theresa Marie Schiavo Schiavo ex rel. Schindler v. Schiavo 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 Media Other Free Speech Issues Commercial Speech Expressive Association Boy Scouts of America et al. v. Dale B. Voting One Person/One Vote Bush v. Gore The Voting Rights Acts Northwest Austin Mun. Utility Dist. No. One v. Holder Majority-Minority Districts Regulating Elections Crawford v. Marion County Election Bd. C. Citizenship V. Equality A. Equality Under Law Romer v. Evans Retail Industry Leaders Ass'n v. Fielder 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 D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus The Antiterrorism and Effective Death Penalty Act The Congressional Debate Clinton, Statement on Signing the Antiterrorism and Effective Death Penalty Act Felker v. Turpin B. Search and Seizure Kyllo v. United States Florence v. Board of Chosen Freeholders of County of Burlington C. Interrogations A. Dickerson v. United States D. Juries and Lawyers Burdine v. Johnson E. Punishments Roper v. Simmons F. Infamous Crimes and Criminals: The War Against Terrorism The USA Patriot Act The Senate Debate Bush, Remarks on Signing the USA Patriot Act of 2001 Hamdi v. Rumsfeld Presidential Candidates Debate Enhanced Interrogation Appendices Constitution of the United States of America Researching and Reading Government Documents Chronological Table of Presidents, Congress, and the Supreme Court Glossary Index Cases