American Constitutionalism: Volume II: Rights & Liberties

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

• ISBN13: 9780199751358
• ISBN10: 0199751358
• Format: Paperback
• Copyright: 2012-12-14
• 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. 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