Our Constitution: Landmark Interpretations of America's Governing Document

by Paulsen, Michael Stokes

• ISBN13: 9780985721510
• ISBN10: 0985721510
• Format: Paperback
• Copyright: 2013-04-22
• Publisher: Federalist Society

Summary

This is not a work of commentary. It leaves entirely to the reader the task of evaluating the merits of the interpretations. The cases and other documents are presented here, unadorned - and uncorrupted - by critical commentary. They are edited into as concise a form as possible, to make them accessible to general readers interested in America's Constitution and the most significant interpretations of the the Constitution over time.

Author Biography

Michael Stokes Paulsen is a Distinguished University Chair Professor of Law at the University of St. Thomas in Minneapolis, Minnesota, where he has taught since 2007. A graduate of Northwestern University, Yale Law School and Yale Divinity School, Professor Paulsen has served as a federal prosecutor and as Attorney-Advisor in the Office of Legal Counsel, both in the U.S. Department of Justice, and also as Counsel for the Center for Law Religious Freedom of the Christian Legal Society.

Table of Contents

Preface	p. xi
Acknowledgments	p. xiii
A Note on the Editing of Cases and Documents	p. xv
The Constitution of the United States of America	p. xvii
On the Nature and Structure of the National Government (1787-1793)
Excerpts from the Federalist	p. 3
No. 1
No. 39
No. 47
No. 48
No. 51
No. 78
On the Extent of "Legislative Powers Herein Granted"	p. 17
Opinion on the Constitutionality of a National Bank
Opinion on the Constitutionality of a National Bank
On the Nature of "the Executive Power" Pacificus No. 1	p. 23
On the Power of Constitutional Interpretation and "Constitutional Review" (1798-1819)
The Virginia and Kentucky Resolutions and the 'Report of 1800'	p. 29
The Virginia Resolutions of 1798
The Kentucky Resolutions of 1798: Original Draft
Report on the Virginia Resolutions: House of Delegates, Session of 1799-1800
Marbury v. Madison	p. 36
Thomas Jefferson on the Executive Power of Constitutional Interpretation	p. 43
Letter to Abigail Adams
Letter to Judge Spencer Roane
On the Powers of Government, the Rights of Individuals, and Federalism (1819-1833)
McCulloch v. Maryland	p. 49
Bank of the United States Veto Message and Proclamation Concerning Nullification	p. 61
Barron v. Baltimore	p. 71
The Crisis: Slavery, Secession, and Civil War (1857-1866)
Dred Scott v. Sandford and Lincoln's Response	p. 79
Dred Scott v. Sandford
Speech on the Dred Scott Decision
Judah Benjamin's Speech in Congress	p. 98
Lincoln's First Inaugural Address	p. 101
Lincoln as Commander in Chief: Executive Military Orders	p. 111
Letter to Winfield Scott
Proclamation Suspending the Writ of Habeas Corpus
Proclamation Suspending the Writ of Habeas Corpus Throughout the United States
Emancipation Proclamation
Order of Retaliation
Taney & Lincoln on the Suspension of Habeas Corpus	p. 117
Ex parte Merryman
Special Message to Congress
The Constitutional Debate on the Emancipation Proclamation	p. 125
Executive Power
Letter to James C. Conkling
The Prize Cases	p. 128
Military Arrests, Detentions, and Trials During the Civil War	p. 134
Letter to Erastus Corning and Others
Ex parte Milligan
The Reconstruction Amendments (1866-1883)
Speech Introducing the Proposed Fourteenth Amendment	p. 145
The Slaughterhouse Cases	p. 153
Bradwell v. Illinois and Minor v. Happersett	p. 165
Strauder v. West Virginia	p. 172
The Civil Rights Cases	p. 176
From Reconstruction to the New Deal (1879-1919)
Reynolds v. United States	p. 187
Plessy v. Ferguson	p. 192
Lochner v. New York	p. 198
Schenck v. United States and United States v. Debs	p. 202
The New Deal, World War II, and the Cold War (1937-1952)
The New Deal "Revolution"	p. 209
West Coast Hotel Co. v. Parrish
National Labor Relations Board v. Jones & Laughlin Steel
United States v. Darby
Wickard v. Filburn
United States v. Carolene Products Co.	p. 224
Minersville School District v. Gobitis and West Virginia State Board of Education v. Barnette	p. 227
Ex parte Quirin AND Korematsu v. United States	p. 238
Youngstown Sheet & Tube Co. v. Sawyer	p. 254
The Modern Era (1954-2012)
Race and Sex	p. 267
Brown v. Board of Education
Loving v. Virginia
Grutter v. Bollinger
Craig v. Boren
Equal Protection and Voting Rights	p. 285
Baker v. Carr
Reynolds v. Sims
Harper v. Virginia Board of Elections
Bush v. Gore
The First Amendment	p. 298
Cohen v. California
Brandenburg v. Ohio
United States v. O'Brien
Texas v. Johnson
The Pentagon Papers Case: New York Times Co. v. United States
New York Times Co. v. Sullivan
Engel v. Vitale
Widmar v. Vincent
Employment Division v. Smith
The Second Amendment	p. 331
McDonald v. City of Chicago
Criminal Law	p. 340
Miranda v. Arizona
Modern Civil Rights Legislation	p. 346
Heart of Atlanta Motel v. United States
Jones v. Alfred H. Mayer Co.
City of Boerne v. Flores
"Substantive Due Process" and "Privacy" Rights.	p. 358
Griswold v. Connecticut
Roe v. Wade
Planned Parenthood v. Casey
Lawrence v. Texas
Presidential Autonomy and Authority	p. 388
United States v. Nixon
Morrison v. Olson
War Powers	p. 401
The War Powers Resolution of 1973
Statement Vetoing the War Powers Resolution
Authorization for Use of Military Force
Hamdi v. Rumsfeld
Boumediene v. Bush
Federalism and Enumerated Powers	p. 421
United States v. Lopez
National Federation of Independent Business v. Sebelius
Appendix A
The 101 Most Significant Supreme Court Interpretations of the Constitution	p. 445
Bibliography	p. 459
Index	p. 463
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