American Constitutionalism: Volume I: Structures of Government

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

• ISBN13: 9780199751266
• ISBN10: 0199751269
• Format: Paperback
• Copyright: 2012-03-09
• 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 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