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A March of Liberty A Constitutional History of the United States, Volume 1: From the Founding to 1900

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Edition:
3rd
ISBN13:

9780195382730

ISBN10:
0195382730
Format:
Paperback
Pub. Date:
3/23/2011
Publisher(s):
Oxford University Press
List Price: $59.95

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Customer Reviews

A March of Liberty  March 30, 2011
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This textbook I bought from ecampus contains A Constitutional History of the United States, Third Edition, is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available.






A March of Liberty A Constitutional History of the United States, Volume 1: From the Founding to 1900: 5 out of 5 stars based on 1 user reviews.

Summary

A March of Liberty: A Constitutional History of the United States, Third Edition, is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available. Authors Melvin I. Urofsky and Paul Finkelman successfully blend cases and court doctrines into the larger fabric of American political, economic, and social history.

They discuss in detail the great cases handed down by the Supreme Court, showing how these cases played out in society and how constitutional growth parallels changes in American culture. In addition, they examine lesser-known decisions that played important roles in affecting change, and also provide in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions.

Updated with the most recent scholarship, the third edition of this textbook offers more cases on a broader range of issues including the environment, labor, civil rights, and Native American concerns. It now presents new selections on decisions, statutes, and constitutional developments from the first decade of the 21st century--like the USA PATRIOT Act, presidential signing statements, same-sex marriage, reproductive rights, campaign financing, and firearms regulation. The text reflects the current trends in American constitutional history by employing a holistic approach that integrates the decisions of the state and lower federal courts with the decisions of the Supreme Court.

A March of Liberty, Third Edition, features useful supplemental materials including the text of the Constitution, a chronological list of Supreme Court justices, an appendix of the names and years for each Supreme Court justice, and suggested further readings. Gracefully written and clearly explained, this popular two-volume set is indispensable for courses in American constitutional history and law.

A March of Liberty is clearly written, comprehensive overview of American constitutional development. It presents the most complete discussion of American constitutional history currently available.

This textbook shows how cases played out in society and how constitutional growth parallels changes in American culture.It also contains in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions

Author Biography


Melvin Urofsky is Emeritus Professor of History and Public Policy at Virginia Commonwealth University. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001).

Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law School. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001), and American Legal History, Third Edition (OUP, 2004).

Table of Contents


1
From the Old World to the New
Magna Carta and the Rule of Law

The Common Law Enthroned

Organizing for Settlement

The Merchant Colonies: Virginia and Massachusetts

The Compact Colonies

The Proprietary Colonies

Growth of Legislative Dominance

The English Revolutions and the Dominion of New England

For Further Reading

2
Law in Colonial America
Settler and Indian Views of Land

Simplifying Property Law

Personal Status: Women

Laborers

Slaves

Religion

Criminal Law

Lawyers and Practice

The Privy Council and Imperial Courts

Witchcraft and Press Freedom

For Further Reading

3
The Road to Independence
The Mercantile System

Colonial Governments

Writs of Assistance

The Parsons Cause and the Two Penny Act

Colonial Constitutional Thought

Republican Ideology

The British View

The Stamp Act and the Colonial Response

The Townshend Duties

Tea and the Coercive Acts

The First Continental Congress

Parting of the Ways

The Declaration of Independence

Slavery

Conclusion

For Further Reading

4
The Revolutionary Era
Congress Governs

The Articles of Confederation

New State Governments

Conservatives and Radicals

State Constitutions

Religious Freedom

Slavery

Judicial Review and the Success and Failure of State Constitutions in the Revolutionary Era

The Common Law Survives

Blackstone's Influence

Conclusion

For Further Reading

5
The Crisis of Confederation
Defects of the Articles

A Government Without Energy

Western Land Policy

Northwest Ordinance

Shays's Rebellion

Madison and the Annapolis Convention

Toward the Philadelphia Convention

For Further Reading

6
A More Perfect Union
The Philadelphia Convention

Representation and the Structure of Government

Slavery and Representation

The Executive Branch

The Judicial Branch

The Powers of 'the New Government

Regulating Commerce

Concluding the Convention

The Constitution and Federalism

Checks and Balances

The Debate over Ratification

Federalists and Antifederalists

Ratification

Conclusion: The Constitution and Democracy

For Further Reading

7
Launching the Great Experiment
Washington Takes Office

The Bill of Rights

The Government Takes Shape

Raising a Revenue

Hamilton's Financial Program

The Bank of the United States

The Hamilton-Jefferson Debate

The Whiskey Rebellion

The Slave Trade and the Fugitive Slave Law of 1793

Defining Presidential Power

Presidential Conduct of Foreign Affairs

The Neutrality Proclamation

Jay's Treaty

Conclusion: Washington's Achievements

For Further Reading

8
The Supreme Court: The First Decade
The Federal Court of Appeals

The Judiciary Act of 1789

The Process Act

The Jay Court Convenes

Separation of Powers

Suing States in Federal Courts

Chisholm v. Georgia

The Eleventh Amendment

The Debt Cases

Judicial Review

The Ellsworth Tenure

Circuit Duties

Conclusion

For Further Reading

9
The Changing Face of the Law
Changes in the Common haw

Criminal haw

Property

hand and Water Usage

Contract

Procedure

Bench and Bar

Legal Literature

Lower Federal Courts

For Further Reading

10
Adams, Jefferson, and the Courts
The Alien and Sedition Acts

The Kentucky and Virginia Resolutions

The Election of 1800

The Judiciary Act of 1801

John Marshall and the Midnight Judges

Jefferson Takes Office

Repeal of the Judiciary Act

Marbury v. Madison

The Louisiana Purchase

Republican Attacks on the Judiciary: The First Cases

The Impeachment of Justice Chase

Defining Treason

The Burr Trial

Presidential Privilege

For Further Reading

11
The Marshall Court and National Power
The Attorney General

Changes on the Court

The Embargo Cases

United States v. Peters

The Hartford Convention

The Court and Nationalist Sentiment

Martin v. Hunter's Lessee

Madison's Proposals

The Second Bank of the United States in Court

Cohens v. Virginia

Gibbons v. Ogden, The Steamboat Case

Conclusion: The Marshall Court's Legacy

For Further Reading

12
The Marshall Court and Economic Development
Law and Economic Development

Fletcher v. Peck

Public Land Cases

The Emergence of the Corporation

Defining Corporate Rights

The Dartmouth College Case

Bankruptcy

Conclusion: The Marshall Court's Legacy

For Further Reading

13
A Law Made for the Times
Debate over the Law

An American System

Legal Instrumentalism

Changing Views of Land

Water Usage

Taking of Land

Emergence of Tort Law

Master and Servant

Commercial Law

The Corporation

Sales

Negotiable Instruments

Contract

Conclusion

For Further Reading

14
Politics, Nationalism, and Competition
The "Era of Good Feeling"

Georgia, Jackson, and the Indians

Georgia, the Indians, and the Court

Calhoun Responds to the Tariff

The Webster-Hayne Debate

The Nullification Crisis

Internal Improvements

Jackson Versus the Bank

Monopoly and Economic Expansion

The Charles River Bridge Case Begins

The Last Years of the Marshall Court

Chief Justice Taney

The Charles River Bridge Case Is Decided

Conclusion: The New Departure

For Further Reading

15
Jacksonian Democracy
A Sense of Mastery

State Constitutional Development

Constitutional Flexibility

The Political Party and Its Function

Family Law

Women's Rights

Children and the Law

Early Labor Movements

Debtor Imprisonment

Pauper Relief

The New Prison

Code Revision

Race Relations and Antislavery

Conclusion

For Further Reading

16
The Taney Court: Change and Continuity
The New Chief Justice

Economics and the Court in the 1830s

The Court and Codification

Federal Common Law: Swift v. Tyson

The Police Power

Bank of Augusta v. Earle

The License and Passenger Cases

Defining State and Federal Powers

The Wheeling Bridge Case

The "Political Question" Doctrine

Dorr's Rebellion

Luther v. Borden

Conclusion: The Taney Court's Balance

For Further Reading

17
The Peculiar Laws of Americas Peculiar Institution
Slavery in the New Nation

The African Slave Trade

The Missouri Compromise

Black and White Opposition to Slavery: Slave Rebels and New Abolitionists

Abolitionist Theories and the Constitution

Abolitionist Use of the Law

Slaves in Transit

Antebellum Race Discrimination

Federal Fugitive Slave Laws

Prigg v. Pennsylvania

Law and Conscience

Southern Slave Codes

Controlling the Bondsmen

Slaves and Criminal Law

Manumission

Free Blacks

Conclusion

For Further Reading

18
A House Dividing
The Gag Rule

The Amistad Case

The Lone Star Republic

Annexing Texas

Constitutional Questions over Annexation

Presidential War Powers

The Wilmot Proviso

Free Labor and Free Soil

Calhoun's Southern Ideology

The Compromise of 1850

The Slave Trade in the Nation's Capital, California Statehood, and Slavery in the Territories

The Fugitive Slave Law

The Kansas-Nebraska Act

Obstructing the Fugitive Slave Act

"Bleeding Kansas"

The Republican Party

Dred Scott's Case

The Self-Inflicted Wound

The Dred Scott Decision

The Aftermath

Kansas, Once Again

Ableman v. Booth

Conclusion

For Further Reading

19
The Union Sundered
The Election of 1860

Secession Winter

"And the War Came"

The Provisional Confederate Constitution

The Permanent Confederate Constitution

Defects in the Confederate Scheme

The Political Party as a War Tool

Lincoln Takes Control

Ex Parte Merryman

Judicial Reorganization in Wartime

The Adequacy of the Constitution

War Powers and the Rebellion

Defining Rebel Status

The Growth of National Power

The Emancipation Proclamation

The Thirteenth Amendment

For Further Reading

20
The Union Unrestored
Problems of Military Occupation

Loyalty Oaths

Congress Takes a Hand

Expanding Federal Court Jurisdiction

Lincoln's 10 Percent Plan

The Wade-Davis Bill

Enter Andrew Johnson

Presidential Reconstruction

Southern Intransigence

The Joint Committee on Reconstruction

Report of the Joint Committee

The Black Codes

Southern Racial Violence

The Freedmen's Bureau Bills of 1866

The Civil Rights Act

The Fourteenth Amendment

The Congressional Plan

Conclusion

For Further Reading

21
Reconstruction
Governmental Deadlock

The Military Reconstruction Acts

The New State Governments

Southern Resistance

Restricting the Executive

Impeachment

The Senate Trial

The Meaning of Acquittal

Reconstruction in the Courts

Ex Parte Milligan

Testing Congressional Reconstruction Powers

McCardle and Yerger

Texas v. White

Changing the Size of the Court

The Legal Tender Cases

The End of Reconstruction

The Election of 1876

Conclusion: The Legacy of Reconstruction

For Further Reading

22
The Court and Civil Rights
The Abandonment of the Freedmen

The Slaughterhouse Cases

The Civil Rights Cases

Jim Crow Enthroned

The Treatment of Native Americans

The Chinese Cases

The Insular Cases

The Incorporation Theory

Women and the Law

The Court Draws Limits

The Peonage Cases

A Few Small Steps

Conclusion

For Further Reading



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