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Cover

American Constitutionalism

Powers, Rights, and Liberties

Howard Gillman, Mark A. Graber, and Keith E. Whittington

Publication Date - August 2014

ISBN: 9780199343386

1088 pages
Paperback
8 x 10 inches

In Stock

Retail Price to Students: $124.95

In this groundbreaking text, three highly acclaimed scholars provide historical context that puts the politics back into constitutional studies

Description

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 by presenting the material in a historical organization instead of the typical issues-based one. A single-volume edition of the authors' acclaimed two-volume text, this book is ideal for courses that cover the structures of government and civil rights and liberties in one semester or for two-semester courses that are organized historically.

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 other texts, 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

About the Author(s)

Howard Gillman is Provost and Executive Vice Chancellor at the University of California, Irvine.

Mark A. Graber is Professor of Law at the University of Maryland Francis King Carey School of Law.

Keith E. Whittington is William Nelson Cromwell Professor of Politics and Director of Graduate Studies in Politics at Princeton University.

Reviews

"American Constitutionalism marks a new age in the teaching of constitutional law. After using this text, I can't imagine teaching constitutional law any other way."--Julie Novkov, University at Albany, State University of New York

"This is a major achievement--a gold-standard teaching tool doubling as a penetrating account of the development of constitutional rights and liberties in America."--Ken I. Kersch, Boston College

"An important and refreshing challenge to the traditional case method of teaching constitutional law." --Jason Pierceson, University of Illinois Springfield

Table of Contents

    Topical Outline
    Tables, Figures, and Images
    Preface
    PART 1. THEMES
    CHAPTER 1. INTRODUCTION TO AMERICAN CONSTITUTIONALISM
    I. What is a Constitution?
    II. Constitutional Purposes
    III. Constitutional Interpretation and Decision Making
    IV. Constitutional Authority
    V. Constitutional Change
    VI. Constitutional Politics and Law
    PART 2. DEVELOPMENT
    CHAPTER 2. THE COLONIAL ERA: BEFORE 1776
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    C. Scope
    III. Judicial Power and Constitutional Authority
    William Blackstone, Commentaries on the Laws of England
    Massachusetts Assembly Memorial
    John Dickinson, Letters from a Farmer in Pennsylvania
    IV. Powers of the National Government
    V. Separation of Powers
    VI. Individual Rights
    A. Property
    B. Religion
    William Blackstone, Of Offences Against God and Religion
    John Locke, A Letter Concerning Toleration
    Roger Williams, The Bloudy Tenent
    C. Guns
    D. Personal Freedom and Public Morality
    VII. Democratic Rights
    A. Free Speech
    The Zenger Trial
    B. Voting
    C. Citizenship
    VIII. Equality
    A. Equality Under Law
    B. Race
    Somerset v. Stewart
    C. Gender
    D. Native Americans
    IX. Criminal Justice
    A. Due Process and Habeas Corpus
    B. Search and Seizure
    Entick v. Carrington
    C. Interrogations
    D. Juries and Lawyers
    E. Punishments
    CHAPTER 3. THE FOUNDING ERA: 1776-1791
    I. Introduction
    II. Foundations
    A. Sources
    The Ratification Debates
    --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
    B. Principles
    Thomas Jefferson, Declaration of Independence
    James Madison, The Federalist No. 10
    C. Scope
    III. Judicial Power and Constitutional Authority
    Robert Yates, "Brutus"
    Alexander Hamilton, The Federalist No. 78
    IV. Powers of the National Government
    Articles of Confederation
    The Virginia Plan
    The New Jersey Plan
    Article I, Section 8 of the Constitution of the United States
    V. Federalism
    Debate in the Constitutional Convention
    VI. Separation of Powers
    Debate in the Constitutional Convention
    The Federalist No. 51, 70, and 71
    "Centinel" Letter No. 1
    VII. Individual Rights
    A. Property
    B. Religion
    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
    House Debate over Conscientious Objectors
    C. Guns
    D. Personal Freedom and Public Morality
    VIII. 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
    C. Citizenship
    IX. Equality
    A. Equality Under Law
    B. Race
    Commonwealth v. Jennison
    Thomas Jefferson, Notes on the State of Virginia
    C. Gender
    John Adams and Abigail Adams, Correspondence on Women's Rights
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    B. Search and Seizure
    C. Interrogations
    D. Juries and Lawyers
    E. Punishments
    Benjamin Rush, On Punishing Murder by Death
    CHAPTER 4. THE EARLY NATIONAL ERA: 1791-1828
    I. Introduction
    II. Foundations
    A. Sources
    Calder v. Bull
    B. Principles
    C. Scope
    III. Judicial Power and Constitutional Authority
    Marbury v. Madison
    Thomas Jefferson on Departmentalism
    Martin v. Hunter's Lessee
    IV. Powers of the National Government
    Debate on the Bank of the United States
    --House Debate on the Bank
    --Thomas Jefferson, Opinion on the Constitutionality of the Bill for Establishing a National Bank
    --Alexander Hamilton, Opinion as to the Constitutionality of the Bank of the United States
    --McCulloch v. Maryland
    --Spencer Roane and John Marshall on McCulloch v. Maryland
    Gibbons v. Ogden
    House Report on Internal Improvements
    James Monroe, Views of the President of the United States on the Subject of Internal Improvements
    V. Federalism
    Chisholm v. Georgia
    Virginia and Kentucky Resolutions of 1798
    VI. Separation of Powers
    House Debate on Removal of Executive Officers
    VII. Individual Rights
    A. Property
    Fletcher v. Peck
    B. Religion
    Thomas Jefferson, Letter to the Danbury Baptists
    C. Guns
    Bliss v. Commonwealth
    D. Personal Freedom and Public Morality
    VIII. Democratic Rights
    A. Free Speech
    Debate over the Sedition Act
    --The Sedition Act of 1789
    --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
    IX. Equality
    A. Equality Under Law
    Holden v. James
    B. Race
    Congressional Debate over the Missouri Compromise
    C. Gender
    D. Native Americans
    X. 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
    CHAPTER 5. THE JACKSONIAN ERA: 1829-1860
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    C. Scope
    Barron v. Baltimore
    III. Judicial Power and Constitutional Authority
    Debate in the Ohio Constitutional Convention
    Luther v. Borden
    IV. Powers of the National Government
    Andrew Jackson, Bank Veto Message
    Prigg v. Pennsylvania
    Dred Scott v. Sandford
    Abraham Lincoln, Speech on Slavery in the Territories
    V. Federalism
    Cooley v. Board of Wardens
    John C. Calhoun, Fort Hill Address
    VI. Separation of Powers
    The Debate over the Removal of the Deposits
    --Andrew Jackson, Paper on the Removal of the Deposits
    --Henry Clay, Speech on the Removal of the Deposits
    --Andrew Jackson, Protest of the Censure Resolution
    House Debate on the Veto Power
    VII. Individual Rights
    A. Property
    Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
    Wynehamer v. People
    B. Religion
    C. Guns
    D. Personal Freedom and Public Morality
    VIII. Democratic Rights
    A. Free Speech
    Congressional Debates on Incendiary Publications in the Mail
    --Report from the Select Committee on the Circulation of Incendiary Publications
    --Report of the Minority of the Committee on Post Offices and Post Roads on the President's Message
    B. Voting
    C. Citizenship
    IX. Equality
    A. Equality Under Law
    B. Race
    Dred Scott v. Sandford
    Roberts v. City of Boston
    C. Gender
    Elizabeth Cady Stanton, Keynote Address, Seneca Falls Convention
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    The Booth Cases
    --In re Booth
    --Ableman v. Booth
    B. Search and Seizure
    C. Interrogations
    D. Juries and Lawyers
    E. Punishments
    CHAPTER 6. CIVIL WAR AND RECONSTRUCTION: 1861-1876
    I. Introduction
    II. Foundations
    A. Sources
    Debates over the Thirteenth Amendment
    Debates over the Fourteenth Amendment
    B. Principles
    C. Scope
    Slaughter-House Cases
    III. Judicial Power and Constitutional Authority
    Ex parte McCardle
    IV. Powers of the National Government
    Hepburn v. Griswold
    Legal Tender Cases
    Senate Debate over the Civil Rights Act of 1866
    V. Federalism
    South Carolina Ordinance of Secession
    Jeremiah Black, Opinion on the Power of the President in Executing the Laws
    Abraham Lincoln, First Inaugural Address
    Texas v. White
    VI. Separation of Powers
    Abraham Lincoln, Emancipation Proclamation
    Benjamin Curtis, Executive Power
    The Prize Cases
    VII. Individual Rights
    A. Property
    B. Religion
    C. Guns
    D. Personal Freedom and Public Morality
    VIII. Democratic Rights
    A. Free Speech
    The Trial of Clement Vallandigham
    B. Voting
    C. Citizenship
    IX. 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
    Congressional Debates Over Second Freedmen's Bureau Act
    C. Gender
    The Senate Debates Women's Suffrage
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    Ex parte Merryman
    Edward Bates, Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus
    Ex parte Milligan
    B. Search and Seizure
    C. Interrogations
    D. Juries and Lawyers
    E. Punishments
    CHAPTER 7. THE REPUBLICAN ERA: 1877-1932
    I. Introduction
    II. Foundations
    A. Sources
    Congressional Debate over Prohibition
    B. Principles
    C. Scope
    Balzac v. Porto Rico
    Civil Rights Cases
    III. Judicial Power and Constitutional Authority
    Theodore Roosevelt, A Charter of Democracy
    William Howard Taft, Veto of Arizona Statehood
    IV. Powers of the National Government
    Congressional Debate over Lynching
    Senate Debate on the Sherman Anti-Trust Act
    United States v. E.C. Knight Company
    Hammer v. Dagenhart
    Missouri v. Holland
    V. Federalism
    Wabash, St. Louis and Pacific Railway Company v. Illinois
    Munn v. State of Illinois
    VI. Separation of Powers
    Myers v. United States
    Presidents on Presidential Power
    --Theodore Roosevelt, An Autobiography
    --William Howard Taft, Our Chief Magistrate and His Powers
    VII. Individual Rights
    A. Property
    Pennsylvania Coal Co. v. Mahon
    In re Jacobs
    Lochner v. New York
    Muller v. Oregon
    B. Religion
    Reynolds v. United States
    C. Guns
    D. Personal Freedom and Public Morality
    Meyer v. Nebraska
    Buck v. Bell
    VIII. Democratic Rights
    A. Free Speech
    Schenck v. United States
    Whitney v. California
    Near v. Minnesota
    B. Voting
    C. Citizenship
    IX. Equality
    A. Equality Under Law
    B. Race
    Plessy v. Ferguson
    John B. Knox, Address to the Alabama Constitutional Convention
    C. Gender
    Debates over the Blanket Amendment
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    B. Search and Seizure
    Weeks v. United States
    People v. Defore
    Olmstead v. United States
    C. Interrogations
    D. Juries and Lawyers
    Powell v. Alabama
    E. Punishments
    CHAPTER 8. THE NEW DEAL/GREAT SOCIETY ERA: 1933-1968
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    United States v. Carolene Products Co.
    C. Scope
    Duncan v. Louisiana
    Shelly v. Kraemer
    III. Judicial Power and Constitutional Authority
    Franklin D. Roosevelt, Undelivered Speech on the Gold-Clause Cases
    Franklin D. Roosevelt, Fireside Chat on Court-Packing Plan
    Senate Judiciary Committee Report on President Roosevelt's Court-Packing Plan
    The Southern Manifesto
    Dwight Eisenhower, Address to the Nation on the Introduction of Troops in Little Rock
    Cooper v. Aaron
    Baker v. Carr
    IV. Powers of the National Government
    Schechter Poultry Corp. v. United States
    National Labor Relations Board v. Jones & Laughlin Steel Corp.
    Wickard v. Filburn
    Congressional Debate over the Civil Rights Act of 1964
    Heart of Atlanta Motel, Inc. v. United States
    V. Federalism
    VI. Separation of Powers
    Youngstown Sheet & Tube v. Sawyer
    United States v. Curtiss-Wright Export Corporation
    VII. Individual Rights
    A. Property
    Home Building & Loan Association v. Blaisdell
    West Coast Hotel Co. v. Parrish
    Williamson v. Lee Optical, Inc.
    B. Religion
    Engel v. Vitale
    C. Guns
    D. Personal Freedom and Public Morality
    Griswold v. Connecticut
    VIII. Democratic Rights
    A. Free Speech
    West Virginia State Board of Education v. Barnette
    Dennis v. United States
    New York Times Co. v. Sullivan
    Brandenburg v. Ohio
    B. Voting
    Congressional Reports on the Voting Rights Act of 1965
    Katzenbach v. Morgan
    Reynolds v. Sims
    Citizenship
    IX. Equality
    A. Equality Under Law
    B. Race
    Korematsu v. United States
    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)
    Green v. County School Board of New Kent County
    C. Gender
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    B. Search and Seizure
    Mapp v. Ohio
    C. Interrogations
    Miranda v. Arizona
    D. Juries and Lawyers
    Gideon v. Wainwright
    E. Punishments
    CHAPTER 9. LIBERALISM DIVIDED: 1969-1980
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    C. Scope
    Moose Lodge No. 107 v. Irvis
    III. Judicial Power and Constitutional Authority
    IV. Powers of the National Government
    V. Federalism
    VI. Separation of Powers
    Leonard C. Meeker, Memorandum on the Legality of the United States Participation in the Defense of Vietnam
    J. William Fulbright, Congress and Foreign Policy
    The War Powers Act of 1973
    Richard Nixon, War Powers Act Veto Message
    United States v. United States District Court [the "Keith Case"]
    United States v. Nixon
    VII. Individual Rights
    A. Property
    B. Religion
    Wisconsin v. Yoder
    C. Guns
    D. Personal Freedom and Public Morality
    Roe v. Wade
    Debate over the Human Life Amendment
    VIII. Democratic Rights
    A. Free Speech
    New York Times Co. v. United States
    Buckley v. Valeo
    B. Voting
    Congressional Debate on the Voting Rights Act of 1970
    Richardson v. Ramirez
    C. Citizenship
    IX. Equality
    A. Equality Under Law
    San Antonio Independent School District v. Rodriguez
    B. Race
    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
    --Humber Humphrey, Senate Retreats from Equal Opportunity
    --Regents of the University of California v. Bakke
    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.
    Frontiero v. Richardson
    D. Native Americans
    IX. Criminal Justice
    A. Due Process and Habeas Corpus
    In re Winship
    B. Search and Seizure
    C. Interrogations
    Harris v. New York
    D. Juries and Lawyers
    E. Punishments
    Gregg v. Georgia
    PART 3. CONTEMPORARY ISSUES
    CHAPTER 10. THE REAGAN ERA: 1981-1993
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    Office of Legal Policy, Guidelines on Constitutional Litigation
    Scope
    III. Judicial Power and Constitutional Authority
    William H. Rehnquist, "The Notion of a Living Constitution"
    William J. Brennan, "The Constitution of the United States: Contemporary Ratification"
    Senate Judicial Committee Hearings on the Nomination of Robert Bork
    IV. Powers of the National Government
    South Dakota v. Dole
    V. Federalism
    Garcia v. San Antonio Metropolitan Transit Authority
    VI. Separation of Powers
    Immigration and Naturalization Service v. Chadha
    Morrison v. Olson
    VII. Individual Rights
    A. Property
    Lucas v. South Carolina Coastal Council
    B. Religion
    Lee v. Weisman
    Employment Division v. Smith
    House Committee on the Judiciary, Report on the Religious Freedom Restoration Act
    C. Guns
    D. Personal Freedom and Public Morality
    Planned Parenthood of Southeastern Pennsylvania v. Casey
    Bowers v. Hardwick
    VIII. Democratic Rights
    A. Free Speech
    Texas v. Johnson
    Doe v. University of Michigan
    A. Voting
    Senate Committee on the Judiciary, Senate Report on the Voting Rights Act Amendments of 1982
    Shaw v. Reno
    Citizenship
    Plyler v. Doe
    IX. Equality
    A. Equality Under Law
    B. Race
    City of Richmond v. J. A. Croson Co.
    C. Gender
    Johnson v. Transportation Agency, Santa Clara County
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    Herrera v. Collins
    B. Search and Seizure
    United States v. Leon
    C. Interrogations
    D. Juries and Lawyers
    Batson v. Kentucky
    E. Punishments
    McCleskey v. Kemp
    CHAPTER 11. THE CONTEMPORARY ERA: 1995-PRESENT
    I. Introduction
    II. Foundations
    A. Sources
    B. Principles
    C. Scope
    Boumediene v. Bush
    III. Judicial Power and Constitutional Authority
    City of Boerne v. Flores
    The Nomination of Samuel Alito to the U.S. Supreme Court
    IV. Powers of the National Government
    United States v. Lopez
    National Federation of Independent Business v. Sebelius
    V. Federalism
    Printz v. United States
    VI. Separation of Powers
    Walter Dellinger, "Presidential Authority to Decline to Execute Unconstitutional Statutes"
    John Yoo, The President's Constitutional Authority to Conduct Military Operations
    Memoranda on Standards of Conduct of Interrogation ["Torture Memos"]
    Caroline D. Krass, Memorandum Opinion on the Authority to Use Military Force in Libya
    VII. Individual Rights
    A. Property
    Kelo v. City of New London
    B. Religion
    C. Guns
    District of Columbia v. Heller
    D. Personal Freedom and Public Morality
    Lawrence v. Texas
    The Defense of Marriage Act
    --House Committee on the Judiciary, Report on the Defense of Marriage Act
    --Dissenting Views on H.R. 3396
    --Eric Holder, "Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act"
    VIII. Democratic Rights
    A. Free Speech
    Citizens United v. Federal Election Commission
    B. Voting
    Bush v. Gore
    Shelby County v. Holder
    C. Citizenship
    IX. Equality
    A. Equality Under Law
    B. Race
    Grutter v. Bollinger
    C. Gender
    United States v. Virginia
    D. Native Americans
    X. Criminal Justice
    A. Due Process and Habeas Corpus
    B. Search and Seizure
    c. Interrogations
    Dickerson v. United States
    D. Juries and Lawyers
    E. Punishments
    F. Infamous Crimes and Criminals: The War Against Terrorism
    The USA Patriot Act
    Hamdi v. Rumsfeld
    House Hearings on Disclosure of NSA Intelligence Gathering
    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