Liberty, Order, and Justice

by McClellan, James

• ISBN13: 9780865972568
• ISBN10: 0865972567
• Format: Paperback
• Copyright: 2000-12-01
• Publisher: Ingram Publisher Services, Inc.

Summary

The Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justiceseeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justiceespecially suitable for introductory classes in American Government and for high school students in advanced placement courses. James McClellan(1937-2005) was the James Bryce Visiting Fellow in American Studies at the Institute of United States Studies, University of London.

Author Biography

Prior to his appointment in 1999 as James Bryce Visiting Fellow in American Studies at the Institute of United States Studies of the University of London, James McClellan was Senior Resident Scholar at Liberty Fund, Inc. He holds a Ph.D. in Political Science from the University of Virginia and a J.D. from the University of Virginia School of Law. Dr. McClellan has served as the President of the Center for Judicial Studies and as John M. Olin Professor of Government at Claremont McKenna College. He has taught American Government and Constitutional Law at the University of Alabama, Emory University, and Hampden-Sydney College in Virginia. Dr. McClellan has also served as a member of the U.S. Senate staff, and from 1981 to 1983 was Chief Counsel and Staff Director of the Subcommittee on Separation of Powers of the Senate Committee on the Judiciary

Table of Contents

Preface	xvii
PART 1. The Constitution's Deep Roots	1	(88)
The Meaning of Constitutional Government	2	(8)
The Lamp of Experience	10	(4)
The Constitutions of Antiquity	14	(8)
English Origins of America's Constitution	22	(4)
The Growth of Parliament	26	(2)
The Challenge of Parliamentary Supremacy	28	(4)
The Common Law Tradition	32	(7)
The Republican Tradition and the Struggle for Constitutional Liberty	39	(8)
The Influence of Continental Thinkers	47	(2)
The Education of the Founders	49	(3)
The French and American Revolutions Compared	52	(37)
Suggested Reading	60	(3)
Relevant Chapters of Magna Charta (1215)	63	(12)
Petition of Right (1628)	75	(5)
The English Bill of Rights (1689)	80	(9)
PART 2. America's First Constitutions and Declarations of Rights	89	(152)
Colonial Governments	92	(11)
Relations with Great Britain	103	(4)
Local Government in the Colonies	107	(1)
Civil Liberties in the Colonies	108	(3)
The Movement Toward Independence	111	(10)
The Declaration of Independence	121	(16)
The Rights Proclaimed	137	(4)
The First State Constitutions, 1776-1783	141	(11)
The Articles of Confederation	152	(89)
Suggested Reading	164	(3)
The Mayflower Compact	167	(1)
Fundamental Orders of Connecticut	168	(3)
Declaration and Resolves of the First Continental Congress	171	(5)
Declaration of the Causes and Necessity of Taking Up Arms	176	(7)
The Declaration of Independence (1776)	183	(5)
Virginia Bill of Rights	188	(3)
Thoughts on Government	191	(8)
Masschusetts Constitution of 1780	199	(31)
Articles of Confederation (1778)	230	(11)
PART 3. The Achievement of the Philadelphia Convention	241	(54)
The Problems of the Convention	242	(4)
The Delegates to the Convention	246	(2)
A Wide Range of Talents	248	(5)
Plans and Progress at Philadelphia	253	(2)
The Meaning of ``Federal''	255	(2)
The Virginia Plan: A Supreme National Government	257	(2)
Hamilton's Concept of a Unified America	259	(3)
The New Jersey Plan: Checks upon Central Power	262	(1)
The Benefits of Compromise	263	(6)
Compromise and Consensus	269	(26)
Suggested Reading	273	(2)
Virginia Plan	275	(3)
New Jersey Plan	278	(3)
Constitution of the United States of America (1787)	281	(14)
PART 4. Basic Constitutional Concepts: Federalism, Separation of Powers, and Rule of Law	295	(86)
Federalism	297	(2)
Powers Delegated to Congress	299	(1)
Powers Denied to Congress	300	(1)
Powers Denied to the States	301	(1)
The Division of Powers	302	(4)
The Supremacy Clause	306	(1)
National and State Obligations	307	(1)
Obligations of the National Government to the States	308	(1)
Obligations of the States to the National Government	309	(1)
Obligations of the States to Each Other	309	(1)
The Role of the States in the Amendment Process	310	(1)
The Federalism Factor	311	(5)
The Advantages of Federalism	316	(5)
The Future of Federalism	321	(10)
The Separation of Powers	327	(4)
Checks and Balances	331	(1)
Checks upon the Congress	332	(1)
Checks upon the President	333	(1)
Checks upon the Judiciary	333	(1)
The Independence of Congress	334	(1)
The Independence of the President	334	(1)
The Independence of the Judiciary	335	(1)
Summary and Review	335	(2)
Separation of Powers: A Critical Evaluation	337	(4)
Separation of Powers at the Crossroads	341	(10)
The Rule of Law	347	(4)
The Basic Principles of the American Constitution	351	(30)
Suggested Reading	354	(3)
The Federalist No. 10	357	(8)
The Federalist No. 45	365	(6)
The Federalist No. 47	371	(10)
PART 5. Defending the Constitution: The Struggle over Ratification and the Bill of Rights	381	(82)
The Anti-Federalist Persuasion	385	(1)
The Constitution Establishes a Consolidated Empire	385	(1)
The Constitution Establishes an Aristocracy	386	(3)
The Constitution Confers Too Much Power	389	(1)
An Imperial Congress	389	(1)
An Elected Monarch	390	(1)
An Omnipotent Judiciary	391	(2)
The Federalist Response	392	(1)
The Constitution Limits and Distributes Power	393	(5)
Congress Is Not an Oligarchy	398	(2)
The President Is Not a King	400	(1)
The Judiciary Is the Least Dangerous Branch	400	(1)
Whether a Bill of Rights Was Necessary	401	(2)
The Clash of Values	403	(12)
The Bill of Rights	409	(6)
The First Amendment: Religious Freedom, and Freedom to Speak, Print, Assemble, and Petition	415	(4)
The Second Amendment: The Right to Bear Arms	419	(1)
The Third Amendment: Quartering Troops	419	(1)
The Fourth Amendment: Search and Seizure	420	(1)
The Fifth Amendment: Rights of Persons	420	(1)
The Sixth Amendment: Rights of the Accused	421	(1)
The Seventh Amendment: Trial by Jury in Civil Cases	422	(1)
The Eighth Amendment: Bail and Cruel and Unusual Punishments	422	(1)
The Ninth Amendment: Rights Retained by the People	423	(2)
The Tenth Amendment: Rights Retained by the States	425	(1)
Rights Versus Duties	426	(37)
Suggested Reading	427	(2)
The Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to Their Constituents	429	(25)
Northwest Ordinance (1787)	454	(9)
PART 6. Interpreting and Preserving the Constitution	463	(88)
Principles of Statutory Construction	465	(11)
The Doctrine of Judicial Review	476	(10)
The Supreme Court as Final Interpreter	486	(4)
The States as Final Interpreters	490	(5)
Strict Versus Loose Construction	495	(5)
The Independence of the Judiciary	500	(51)
Origins of Judicial Independence	501	(7)
The Judicial Power	508	(3)
Jurisdiction	511	(5)
Suggested Reading	516	(3)
Marbury v. Madison	519	(7)
Martin v. Hunter's Lessee	526	(7)
Washington's Farewell Address (1796)	533	(18)
PART 7. Changing the Constitution--Together with an Explanation of the Amendments Added Since 1791	551	(43)
Our Living Constitution	552	(4)
Our Changing Constitution	556	(4)
Amending the Constitution	560	(3)
The Limits of the Amending Power	563	(3)
The Amended Constitution	566	(28)
Amendment XI (1798)	566	(1)
Amendment XII (1804)	567	(2)
Amendment XIII (1865)	569	(1)
Amendment XIV (1868)	570	(5)
Amendment XV (1870)	575	(2)
Amendment XVI (1913)	577	(1)
Amendment XVII (1913)	578	(4)
Amendment XVIII (1919)	582	(1)
Amendment XIX (1920)	583	(1)
Amendment XX (1933)	583	(2)
Amendment XXI (1933)	585	(1)
Amendment XXII (1951)	585	(1)
Amendment XXIII (1961)	586	(1)
Amendment XXIV (1964)	587	(1)
Amendment XXV (1967)	587	(2)
Amendment XXVI (1971)	589	(1)
Amendment XXVII (1992)	590	(4)
Conclusion	594	(6)
Suggested Reading	600	(3)
Index	603