Major Problems in American Constitutional History Documents and Essays

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  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2009-03-27
  • Publisher: Wadsworth Publishing
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Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.

Table of Contents

Interpreting American Constitutional History
Essays: Jennifer Nedelsky
The Constitution and the Protection of Private Property
The Supreme Court as a Unifying
Force in American Culture
Popular Constitutionalism
Gender and American Citizenship
Creating The American Republic
Documents: Political Theorist
Describes the Ends of Political
Society and Government, 1690
American Colonists Declare
Their Independence, 1776
The American Colonies Form a Confederation, 1777
Convention Delegate
Proposes the Virginia Plan, May 29, 1787
Proposes the New Jersey Plan, June 15, 1787
Delegates Debate the Creation of a National Legislature, May-June, 1787
Delegates Debate Slavery and Representation, June-July, 1787
Advocates an Extended Republic, 1788
Essays: Paul Finkelman, Slavery and the Debate over Representation
The Power of Ideas in the Convention
Representation of Women in the Constitution
Documents: Virginian
Champions Religious Liberty, 1785
Outlines his Objections to the Proposed Constitution, 1787
Madison Advocates a Bill of Rights, 1789
The Sedition Act Limits
Criticism of the National Government, 1798
The Virginia and Kentucky Resolutions
Decry the Abuse of National Power, 1798-1799
Lyon's Case, 1798
Essays: Saul Cornell, The Anti-Federalists and American Liberty
The Republicans and the Transformation of Libertarian Thought
The Departmental Theory And The Establishment Of Judicial Review
Documents: Federalist
Defends Judicial Review, 1788
Kamper v. Hawkins, 1793
Advocates the Repeal of the Federalist's
Judiciary Act, 1802
v. Madison, 1803
v. Hunter's Lessee, 1816
v. Maryland, 1819
Defies the Supreme Court and Vetoes the Bank Bill, 1832
Essays:Larry D. Kramer, Marshall, Marbury, and the Defense of Judicial Review
Judicial Review and the Law of the Constitution
Spencer Roane, Judicial Power, and State Sovereignty CTimothy S. Huebner
Nullification, And Indian Removal
Documents: South
Proposes Nullification, 1828
Advocates Indian Removal, 1829
Cherokee Nation v. Georgia, 1831
Worcester v. Georgia, 1832
South Carolina Nullifies the Tariff, 1832
South Carolina, 1832
Essays: Jill Norgren, Worcester and the Politics of the Nullification Crisis
Gerard N. Magliocca, Jackson, Worcester, and Generational Change
, Slavery, And The Civil War
Documents: Abolitionist Frederick Douglass
Describes the Constitution as Anti-Slavery, 1852
v. Sandford, 1857
The Confederacy Writes a Constitution, 1861
Rejects Secession and Criticizes the Supreme Court, 1861
Ex parte Merryman, 1861
Lincoln Emancipates Slaves in the Confederacy, 1863
Lincoln Defends His Suspension of the Writ of Habeas Corpus, 1863
Essays: Daniel Farber, Lincoln's Mixed
Record on Individual Rights
Abraham Lincoln and the Transformation of American Liberty
Reconstruction And The Fourteenth Amendment
Documents: Congress Debates the Fourteenth Amendment, 1866
The Slaughterhouse Cases, 1873
v. Illinois, 1873
v. Happersett, 1875
The Civil Rights Cases, 1883
Plessy v. Ferguson, 1896
Essays: Akhil Reed Amar, Reconstruction and the Birth of the Bill of Rights
Michael Les Benedict, The Conservative Basis of Radical Reconstruction
The Supreme Court's Denial of the Rights of Women
Protective Legislation And The Liberty To Contract
Documents: Legal Scholar
Advocates a Limited Police Power, 1886
The People's Party Announces
Its Agenda for Reform, 1896
v. New York, 1905
Document the Hardships Faced by Women Industrial Workers, 1908
v. Oregon, 1908
Legal Scholar Roscoe Pound
Criticizes the Liberty to Contract, 1909
v. Children's Hospital, 1923
Essays: Paul Kens, The Lochner Court and Judicial Conservatism
Julie Novkov, Gender, Law, and Labor in the Progressive Era
Total War And The Emergence Of Modern Civil Liberties
Documents: President
Announces Regulations Governing Alien Enemies, 1917
The Espionage Act Restricts Speech in Wartime, 1917/1918
v. United States, 1919
Legal Scholar Zechariah Chafee, Jr. Advocates Freedom of Speech, 1919
v. United States, 1919
v. New York, 1925
Near v. Minnesota, 1931
Essays: David M. Rabban, Oliver Wendell
Holmes and the Judicial Transformation of the First Amendment
The Civil Liberties
Bureau and the Origins of the Fight for Free Speech
The Depression, And The New Deal
Documents: The National Recovery Act
Attempts to Bring the Nation Out of the Depression, 1933
The Agricultural Adjustment Act Provides
Subsidies for Farmers, 1933
v. United States, 1935
United States v. Butler, 1936
Advocates Judicial Reform, 1937
National Labor Relations Board v. Jones and Laughlin Steel Corporation, 1937
West Coast Hotel v. Parrish, 1937
Essays: Jim Powell, The 'Four Horsemen' Were Right
The New Deal Was Unconstitutional
The New Deal Shows the Flexibility--and Genius--of the Constitution
Race And Civil Rights
In The Cold War Era
Documents: Sweatt v. Painter, 1950
An Amicus Brief Filed by the U.S. Government
Urges an End to Racial Segregation, 1953
Brown v. Board of Education, I, 1954
Brown v. Board of Education, II, 1955
White Southern Members of Congress Declare
Their Opposition to Brown, 1956
The Civil Rights Act Forbids
Discrimination in Public Education and Employment, 1964
Vows to Fight Injustice and Inequality, 1965
Essays: Derrick A. Bell, Brown Was Wrongly Decided
Kermit L. Hall, Brown Furthered the Cause of Human Rights
Abortion Rights
The United States And South Africa Compared
Documents: Griswold v. Connecticut, 1965
A Proposed Constitutional Amendment Promises
Equal Rights for Women, 1972
Fundamentalist Pastor
Denounces the ERA, 1980
Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992
South Africa's Constitution Affirms Women's Rights, 1996
Christian Lawyer's Association of South
Africa v. Minister of Health, 1998
Essays: John Hart Ely, Roe v. Wade Was a Mistake
Roe Symbolized an Idea Whose Time Had Come
Freedom Of And Freedom From Religion
Documents: Engel v. Vitale, 1962
Comments on the School Prayer Decision, 1962
Lemon v. Kurtzman, 1971
Wallace v. Jaffree, 1985
Employment Division, Department of Human Resources of Oregon v. Smith, 1990
Congress Overturns Smith in the Religious
Freedom Restoration Act, 1993
Zelman v. Simmons-Harris, 2002
Essays: Leonard W. Levy, The Establishment Clause
Erects a Wall of Separation
The Establishment Clause Was Not
Meant to Establish Public Secularism
Federalism And Judicial
Review Documents: Wickard v. Filburn, 1942
Senator Barry Goldwater Defends the Rights of the States, 1960
Heart of Atlanta Motel v. United States, 1964
Congress Protects the Victims of Gender-Motivated Violence, 1994
United States v. Lopez, 1995
Printz v. United States, 1997
United States v. Morrison, 2000
Essays: Steven G. Calabresi, In Defense of Federalism
Catharine A. MacKinnon, Federalism and the Protection of Male Sovereignty
Presidential Power From The Cold War
To The War On Terror
Documents: Youngstown Sheet & Tube Co. v. Sawyer, 1952;
Congress Gives Authority to President Lyndon B. Johnson to Wage War in Vietnam, 1964
Congress Reasserts Itself in the War Powers Resolution, 1973
United States v. Nixon, 1974
Congress Authorizes President
International Terrorism, 2001
The Justice Department Asserts that Enforcement of Federal
Anti-Torture Laws Would Violate the President's
Powers as Commander-in-Chief, 2002
Hamdi v. Rumsfeld, 2004
Essays: John Yoo, The President Possesses the Constitutional
Power to Wage War on Terrorism
Peter Irons, President Bush's War on Terrorism
Has Hijacked the Constitution
Constitution of the United States
Justices of the United States Supreme Court
Table of Contents provided by Publisher. All Rights Reserved.

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