American Constitutionalism Powers, Rights, and Liberties

by Gillman, Howard; Graber, Mark A.; Whittington, Keith E.

• ISBN13: 9780199343386
• ISBN10: 0199343381
• Format: Paperback
• Copyright: 2014-08-18
• Publisher: Oxford University Press

Summary

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 by presenting the material in a historical organization instead of the typical issues-based one. A single-volume edition of the authors' acclaimed two-volume text, this book is ideal for courses that cover the structures of government and civil rights and liberties in one semester or for two-semester courses that are organized historically.

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 other texts, 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

Author Biography

Howard Gillman is Provost and Executive Vice Chancellor and Professor of Political Science, History, and Law at the University of California, Irvine.

Mark A. Graber is Professor of Law and Government at the University of Maryland Francis King Carey School of Law.

Keith E. Whittington is William Nelson Cromwell Professor of Politics and Director of Graduate Studies in Politics at Princeton University.

Table of Contents

Topical Outline
Tables, Figures, and Images
Preface
PART 1. THEMES
CHAPTER 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
CHAPTER 2. THE COLONIAL ERA: BEFORE 1776
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
III. Judicial Power and Constitutional Authority
William Blackstone, Commentaries on the Laws of England
Massachusetts Assembly Memorial
John Dickinson, Letters from a Farmer in Pennsylvania
IV. Powers of the National Government
V. Separation of Powers
VI. Individual Rights
A. Property
B. Religion
William Blackstone, Of Offences Against God and Religion
John Locke, A Letter Concerning Toleration
Roger Williams, The Bloudy Tenent
C. Guns
D. Personal Freedom and Public Morality
VII. Democratic Rights
A. Free Speech
The Zenger Trial
B. Voting
C. Citizenship
VIII. Equality
A. Equality Under Law
B. Race
Somerset v. Stewart
C. Gender
D. Native Americans
IX. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
Entick v. Carrington
C. Interrogations
D. Juries and Lawyers
E. Punishments
CHAPTER 3. THE FOUNDING ERA: 1776-1791
I. Introduction
II. Foundations
A. Sources
The Ratification Debates
--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
B. Principles
Thomas Jefferson, Declaration of Independence
James Madison, The Federalist No. 10
C. Scope
III. Judicial Power and Constitutional Authority
Robert Yates, "Brutus"
Alexander Hamilton, The Federalist No. 78
IV. 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
V. Federalism
Debate in the Constitutional Convention
VI. Separation of Powers
Debate in the Constitutional Convention
The Federalist No. 51, 70, and 71
"Centinel" Letter No. 1
VII. Individual Rights
A. Property
B. Religion
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
House Debate over Conscientious Objectors
C. Guns
D. Personal Freedom and Public Morality
VIII. 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
C. Citizenship
IX. Equality
A. Equality Under Law
B. Race
Commonwealth v. Jennison
Thomas Jefferson, Notes on the State of Virginia
C. Gender
John Adams and Abigail Adams, Correspondence on Women's Rights
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
C. Interrogations
D. Juries and Lawyers
E. Punishments
Benjamin Rush, On Punishing Murder by Death
CHAPTER 4. THE EARLY NATIONAL ERA: 1791-1828
I. Introduction
II. Foundations
A. Sources
Calder v. Bull
B. Principles
C. Scope
III. Judicial Power and Constitutional Authority
Marbury v. Madison
Thomas Jefferson on Departmentalism
Martin v. Hunter's Lessee
IV. Powers of the National Government
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
Gibbons v. Ogden
House Report on Internal Improvements
James Monroe, Views of the President of the United States on the Subject of Internal Improvements
V. Federalism
Chisholm v. Georgia
Virginia and Kentucky Resolutions of 1798
VI. Separation of Powers
House Debate on Removal of Executive Officers
VII. Individual Rights
A. Property
Fletcher v. Peck
B. Religion
Thomas Jefferson, Letter to the Danbury Baptists
C. Guns
Bliss v. Commonwealth
D. Personal Freedom and Public Morality
VIII. Democratic Rights
A. Free Speech
Debate over the Sedition Act
--The Sedition Act of 1789
--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
IX. Equality
A. Equality Under Law
Holden v. James
B. Race
Congressional Debate over the Missouri Compromise
C. Gender
D. Native Americans
X. 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
CHAPTER 5. THE JACKSONIAN ERA: 1829-1860
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
Barron v. Baltimore
III. Judicial Power and Constitutional Authority
Debate in the Ohio Constitutional Convention
Luther v. Borden
IV. Powers of the National Government
Andrew Jackson, Bank Veto Message
Prigg v. Pennsylvania
Dred Scott v. Sandford
Abraham Lincoln, Speech on Slavery in the Territories
V. Federalism
Cooley v. Board of Wardens
John C. Calhoun, Fort Hill Address
VI. Separation of Powers
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
House Debate on the Veto Power
VII. Individual Rights
A. Property
Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
Wynehamer v. People
B. Religion
C. Guns
D. Personal Freedom and Public Morality
VIII. Democratic Rights
A. Free Speech
Congressional Debates on Incendiary Publications in the Mail
--Report from the Select Committee on the Circulation of Incendiary Publications
--Report of the Minority of the Committee on Post Offices and Post Roads on the President's Message
B. Voting
C. Citizenship
IX. Equality
A. Equality Under Law
B. Race
Dred Scott v. Sandford
Roberts v. City of Boston
C. Gender
Elizabeth Cady Stanton, Keynote Address, Seneca Falls Convention
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
The Booth Cases
--In re Booth
--Ableman v. Booth
B. Search and Seizure
C. Interrogations
D. Juries and Lawyers
E. Punishments
CHAPTER 6. CIVIL WAR AND RECONSTRUCTION: 1861-1876
I. Introduction
II. Foundations
A. Sources
Debates over the Thirteenth Amendment
Debates over the Fourteenth Amendment
B. Principles
C. Scope
Slaughter-House Cases
III. Judicial Power and Constitutional Authority
Ex parte McCardle
IV. Powers of the National Government
Hepburn v. Griswold
Legal Tender Cases
Senate Debate over the Civil Rights Act of 1866
V. Federalism
South Carolina Ordinance of Secession
Jeremiah Black, Opinion on the Power of the President in Executing the Laws
Abraham Lincoln, First Inaugural Address
Texas v. White
VI. Separation of Powers
Abraham Lincoln, Emancipation Proclamation
Benjamin Curtis, Executive Power
The Prize Cases
VII. Individual Rights
A. Property
B. Religion
C. Guns
D. Personal Freedom and Public Morality
VIII. Democratic Rights
A. Free Speech
The Trial of Clement Vallandigham
B. Voting
C. Citizenship
IX. 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
Congressional Debates Over Second Freedmen's Bureau Act
C. Gender
The Senate Debates Women's Suffrage
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
Ex parte Merryman
Edward Bates, Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus
Ex parte Milligan
B. Search and Seizure
C. Interrogations
D. Juries and Lawyers
E. Punishments
CHAPTER 7. THE REPUBLICAN ERA: 1877-1932
I. Introduction
II. Foundations
A. Sources
Congressional Debate over Prohibition
B. Principles
C. Scope
Balzac v. Porto Rico
Civil Rights Cases
III. Judicial Power and Constitutional Authority
Theodore Roosevelt, A Charter of Democracy
William Howard Taft, Veto of Arizona Statehood
IV. Powers of the National Government
Congressional Debate over Lynching
Senate Debate on the Sherman Anti-Trust Act
United States v. E.C. Knight Company
Hammer v. Dagenhart
Missouri v. Holland
V. Federalism
Wabash, St. Louis and Pacific Railway Company v. Illinois
Munn v. State of Illinois
VI. Separation of Powers
Myers v. United States
Presidents on Presidential Power
--Theodore Roosevelt, An Autobiography
--William Howard Taft, Our Chief Magistrate and His Powers
VII. Individual Rights
A. Property
Pennsylvania Coal Co. v. Mahon
In re Jacobs
Lochner v. New York
Muller v. Oregon
B. Religion
Reynolds v. United States
C. Guns
D. Personal Freedom and Public Morality
Meyer v. Nebraska
Buck v. Bell
VIII. Democratic Rights
A. Free Speech
Schenck v. United States
Whitney v. California
Near v. Minnesota
B. Voting
C. Citizenship
IX. Equality
A. Equality Under Law
B. Race
Plessy v. Ferguson
John B. Knox, Address to the Alabama Constitutional Convention
C. Gender
Debates over the Blanket Amendment
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
Weeks v. United States
People v. Defore
Olmstead v. United States
C. Interrogations
D. Juries and Lawyers
Powell v. Alabama
E. Punishments
CHAPTER 8. THE NEW DEAL/GREAT SOCIETY ERA: 1933-1968
I. Introduction
II. Foundations
A. Sources
B. Principles
United States v. Carolene Products Co.
C. Scope
Duncan v. Louisiana
Shelly v. Kraemer
III. Judicial Power and Constitutional Authority
Franklin D. Roosevelt, Undelivered Speech on the Gold-Clause Cases
Franklin D. 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
Baker v. Carr
IV. Powers of the National Government
Schechter Poultry Corp. v. United States
National Labor Relations Board v. Jones & Laughlin Steel Corp.
Wickard v. Filburn
Congressional Debate over the Civil Rights Act of 1964
Heart of Atlanta Motel, Inc. v. United States
V. Federalism
VI. Separation of Powers
Youngstown Sheet & Tube v. Sawyer
United States v. Curtiss-Wright Export Corporation
VII. Individual Rights
A. Property
Home Building & Loan Association v. Blaisdell
West Coast Hotel Co. v. Parrish
Williamson v. Lee Optical, Inc.
B. Religion
Engel v. Vitale
C. Guns
D. Personal Freedom and Public Morality
Griswold v. Connecticut
VIII. Democratic Rights
A. Free Speech
West Virginia State Board of Education v. Barnette
Dennis v. United States
New York Times Co. v. Sullivan
Brandenburg v. Ohio
B. Voting
Congressional Reports on the Voting Rights Act of 1965
Katzenbach v. Morgan
Reynolds v. Sims
Citizenship
IX. Equality
A. Equality Under Law
B. Race
Korematsu v. United States
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)
Green v. County School Board of New Kent County
C. Gender
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
Mapp v. Ohio
C. Interrogations
Miranda v. Arizona
D. Juries and Lawyers
Gideon v. Wainwright
E. Punishments
CHAPTER 9. LIBERALISM DIVIDED: 1969-1980
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
Moose Lodge No. 107 v. Irvis
III. Judicial Power and Constitutional Authority
IV. Powers of the National Government
V. Federalism
VI. Separation of Powers
Leonard C. Meeker, Memorandum on the Legality of the United States Participation in the Defense of Vietnam
J. William Fulbright, Congress and Foreign Policy
The War Powers Act of 1973
Richard Nixon, War Powers Act Veto Message
United States v. United States District Court [the "Keith Case"]
United States v. Nixon
VII. Individual Rights
A. Property
B. Religion
Wisconsin v. Yoder
C. Guns
D. Personal Freedom and Public Morality
Roe v. Wade
Debate over the Human Life Amendment
VIII. Democratic Rights
A. Free Speech
New York Times Co. v. United States
Buckley v. Valeo
B. Voting
Congressional Debate on the Voting Rights Act of 1970
Richardson v. Ramirez
C. Citizenship
IX. Equality
A. Equality Under Law
San Antonio Independent School District v. Rodriguez
B. Race
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
--Humber Humphrey, Senate Retreats from Equal Opportunity
--Regents of the University of California v. Bakke
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.
Frontiero v. Richardson
D. Native Americans
IX. Criminal Justice
A. Due Process and Habeas Corpus
In re Winship
B. Search and Seizure
C. Interrogations
Harris v. New York
D. Juries and Lawyers
E. Punishments
Gregg v. Georgia
PART 3. CONTEMPORARY ISSUES
CHAPTER 10. THE REAGAN ERA: 1981-1993
I. Introduction
II. Foundations
A. Sources
B. Principles
Office of Legal Policy, Guidelines on Constitutional Litigation
Scope
III. Judicial Power and Constitutional Authority
William H. Rehnquist, "The Notion of a Living Constitution"
William J. Brennan, "The Constitution of the United States: Contemporary Ratification"
Senate Judicial Committee Hearings on the Nomination of Robert Bork
IV. Powers of the National Government
South Dakota v. Dole
V. Federalism
Garcia v. San Antonio Metropolitan Transit Authority
VI. Separation of Powers
Immigration and Naturalization Service v. Chadha
Morrison v. Olson
VII. Individual Rights
A. Property
Lucas v. South Carolina Coastal Council
B. Religion
Lee v. Weisman
Employment Division v. Smith
House Committee on the Judiciary, Report on the Religious Freedom Restoration Act
C. Guns
D. Personal Freedom and Public Morality
Planned Parenthood of Southeastern Pennsylvania v. Casey
Bowers v. Hardwick
VIII. Democratic Rights
A. Free Speech
Texas v. Johnson
Doe v. University of Michigan
A. Voting
Senate Committee on the Judiciary, Senate Report on the Voting Rights Act Amendments of 1982
Shaw v. Reno
Citizenship
Plyler v. Doe
IX. Equality
A. Equality Under Law
B. Race
City of Richmond v. J. A. Croson Co.
C. Gender
Johnson v. Transportation Agency, Santa Clara County
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
Herrera v. Collins
B. Search and Seizure
United States v. Leon
C. Interrogations
D. Juries and Lawyers
Batson v. Kentucky
E. Punishments
McCleskey v. Kemp
CHAPTER 11. THE CONTEMPORARY ERA: 1995-PRESENT
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
Boumediene v. Bush
III. Judicial Power and Constitutional Authority
City of Boerne v. Flores
The Nomination of Samuel Alito to the U.S. Supreme Court
IV. Powers of the National Government
United States v. Lopez
National Federation of Independent Business v. Sebelius
V. Federalism
Printz v. United States
VI. Separation of Powers
Walter Dellinger, "Presidential Authority to Decline to Execute Unconstitutional Statutes"
John Yoo, The President's Constitutional Authority to Conduct Military Operations
Memoranda on Standards of Conduct of Interrogation ["Torture Memos"]
Caroline D. Krass, Memorandum Opinion on the Authority to Use Military Force in Libya
VII. Individual Rights
A. Property
Kelo v. City of New London
B. Religion
C. Guns
District of Columbia v. Heller
D. Personal Freedom and Public Morality
Lawrence v. Texas
The Defense of Marriage Act
--House Committee on the Judiciary, Report on the Defense of Marriage Act
--Dissenting Views on H.R. 3396
--Eric Holder, "Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act"
VIII. Democratic Rights
A. Free Speech
Citizens United v. Federal Election Commission
B. Voting
Bush v. Gore
Shelby County v. Holder
C. Citizenship
IX. Equality
A. Equality Under Law
B. Race
Grutter v. Bollinger
C. Gender
United States v. Virginia
D. Native Americans
X. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
c. Interrogations
Dickerson v. United States
D. Juries and Lawyers
E. Punishments
F. Infamous Crimes and Criminals: The War Against Terrorism
The USA Patriot Act
Hamdi v. Rumsfeld
House Hearings on Disclosure of NSA Intelligence Gathering
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