American Constitutionalism Volume II: Rights and Liberties

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

• ISBN13: 9780190299484
• ISBN10: 0190299487
• Edition: 2nd
• Format: Paperback
• Copyright: 2016-08-02
• Publisher: Oxford University Press

Summary

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 the material 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.

FEATURES

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

Author Biography

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