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Cover

American Constitutionalism: Volume I: Structures of Government

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

Publication Date - March 2012

ISBN: 9780199751266

800 pages
Paperback
8 x 10 inches

In Stock

Retail Price to Students: $117.95

Congratulations to the authors on winning the APSA Law and Courts Section 2013 Teaching and Mentoring Award, for this "impressive, innovative, and outstanding" textbook. The Teaching and Mentoring Award recognizes innovative teaching and instructional methods and materials in law and courts.

Description

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

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 which Volume I covers institutions and Volume II covers Rights 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

Reviews

"American Constitutionalism marks a new age in the teaching of constitutional law. The book elegantly presents a historicized and developmental account that unveils the political and institutional roots of contemporary constitutional controversies. History and politics come alive for students as they engage constitutional problems as concrete political and legal struggles with stakes that span all American institutions, not just the courts. Ideal both for students who need basic background in US political history and students who are ready to move beyond the simple narratives they learned in secondary school, the text places major cases in their proper contexts through the integration of different types of primary sources. This helps students not just to understand the outcomes, but to see why they are important. After using this text, I can't imagine teaching constitutional law any other way."--Julie Novkov, University at Albany, State University of New York

"With the long-awaited publication of Gillman, Graber, and Whittington's American Constitutionalism, students can finally see vividly how American constitutional development has been shaped by a fascinating array of political actors--legislators, Presidents, and political party and social movement leaders--not just by courts. As a result, they can gain a much richer sense of American constitutional history, principles, and debates than most casebooks provide. A landmark contribution to the teaching and study of American constitutionalism."--Rogers M. Smith, University of Pennsylvania

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

Congratulations to the authors on winning the APSA Law and Courts Section 2013 Teaching and Mentoring Award, for this "impressive, innovative, and outstanding" textbook. The Teaching and Mentoring Award recognizes innovative teaching and instructional methods and materials in law and courts.

Table of Contents

    Topical Outline of Volume I
    Tables, Figures, and Illustrations
    Preface
    PART 1. THEMES
    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
    2. The Colonial Era, Before 1776
    I. Introduction
    II. Judicial Power and Constitutional Authority
    William Blackstone, Commentaries on the Laws of England
    Massachusetts Assembly Memorial
    John Dickinson, Letters from a Farmer in Pennsylvania
    III. Powers of the National Government
    Thomas Whately, The Regulations Lately Made
    Daniel Dulany, Considerations of the Propriety of Imposing Taxes in the British Colonies
    IV. Separation of Powers
    Boston List of Infringements
    The Declaration of Independence
    3. The Founding Era, 1776-1788
    I. Introduction
    II. Judicial Power and Constitutional Authority
    A. Judicial Review
    Robert Yates, "Brutus"
    The Federalist, No. 78
    B. The Absence of a Bill of Rights
    James Wilson, State House Yard Speech
    The Federalist, No. 84
    III. 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
    Samuel Adams, Letter to Richard Henry Lee
    The Federalist, Nos. 1, 10, and 23
    Note: Slavery and the Constitution
    IV. Federalism
    Representation of State Interests
    Debate in the Constitutional Convention
    Melancton Smith, Speech to the New York Ratification Convention
    V. Separation of Powers
    Debate in the Constitutional Convention
    The Federalist, Nos. 51, 70, and 71
    "Centinel," Letter No. 1
    4. The Early National Era, 1789-1828
    I. Introduction
    Alexander Hamilton, Report on Manufacturers
    Thomas Jefferson, First Inaugural Address
    II. Judicial Power and Constitutional Authority
    A. Judicial Review
    Calder v. Bull
    Marbury v. Madison
    B. Judicial Supremacy
    Thomas Jefferson on Departmentalism
    C. Federal Review of the States
    Martin v. Hunter's Lessee
    III. Powers of the National Government
    A. General Principles
    Note: Strict Construction
    B. Necessary and Proper Clause
    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
    Debate on the Military Draft
    James Monroe, Proposal for a Military Draft
    Daniel Webster, Speech on the Proposed Military Draft
    C. Territorial Acquisition and Governance
    Senate Debate on the Louisiana Purchase
    House Debate on the Missouri Compromise
    D. Power to Regulate Commerce
    United States v. The William
    Josiah Quincy, Speech on Foreign Relations
    Gibbons v. Ogden
    E. Taxing and Spending Power
    House Report on Internal Improvements
    James Monroe, "Views of the President of the United States on the Subject of Internal Improvements"
    IV. Federalism
    A. Sovereign Immunity
    Chisholm v. Georgia
    Note: The Passage of the Eleventh Amendment
    B. State Authority to Interpret the Constitution
    Virginia and Kentucky Resolutions of 1798
    Resolution of the State of Rhode Island and Providence Plantations to Virginia
    V. Separation of Powers
    A. General Principles
    Note: The Power to Act beyond the Constitution
    B. Appointment and Removal Powers
    House Debate on Removal of Executive Officers
    C. Executive Privilege
    House Debate on the Jay Treaty
    George Washington, Response to the House on the Jay Treaty
    James Madison, Response to the President's Message
    D. Legislative Powers of the President
    Note: The Veto Power and the Legislative Role of the President
    E. Presidential Power to Execute the Law
    William Wirt, Opinion on the President and Accounting Officers
    F. Elections and Political Parties
    Note: The Constitution and the Election of 1800
    5. The Jacksonian Era, 1829-1860
    I. Introduction
    "An Introductory Statement of the Democratic Principle," The Democratic Review
    John Quincy Adams, First Annual Message
    II. Constitutional Authority and Judicial Power
    A. Federal Judicial Structure and Judicial Selection
    Note: Jacksonians Reorganize the Federal Judiciary
    Debate on the Electoral Accountability of the Judiciary, Ohio Constitutional Convention
    B. Constitutional Litigation
    Luther v. Borden
    III. Powers of the National Government
    A. Necessary and Proper Clause
    Andrew Jackson, Veto Message Regarding the Bank of the United States
    B. Fugitive Slave Clause
    Salmon Chase, Speech in the Case of the Colored Woman Matilda
    Prigg v. Pennsylvania
    John J. Crittenden, Opinion on the Constitutionality of the Fugitive Slave Bill
    C. Territorial Acquisition and Governance
    Congressional Debate on the Annexation of Texas
    Dred Scott v. Sandford
    Abraham Lincoln, Speech on Slavery in the Territories
    IV. Federalism
    A. States and the Commerce Clause
    Willson v. Black Bird Creek Marsh Company
    City of New York v. Miln
    Cooley v. Board of Wardens of the Port of Philadelphia
    B. State Authority to Interpret the Constitution
    John C. Calhoun, "Fort Hill Address"
    Andrew Jackson, Proclamation on Nullification
    C. States and Native American Sovereignty
    Worcester v. Georgia
    V. Separation of Powers
    A. Presidential Power to Execute the Law
    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
    B. Presidential War and Foreign Affairs Powers
    James Polk, Second Annual Message
    House Debate on the Constitutionality of the Mexican War
    C. Legislative Powers of the President
    House Debate on the Veto Power
    6. Secession, Civil War, and Reconstruction, 1861-1876
    I. Introduction
    II. Constitutional Authority and Judicial Power
    A. Judicial Structure and Judicial Selection
    Note: The Republicans Reorganize the Judiciary
    B. Judicial Supremacy
    Lincoln on Departmentalism
    C. Constitutional Litigation
    Mississippi v. Johnson
    Ex parte McCardle
    III. Powers of the National Government
    A. Necessary and Proper Clause
    Legal Tender
    Congressional Debate on the Legal Tender Bill
    Hepburn v. Griswold
    Legal Tender Cases
    B. Federal Power to Enforce Civil Rights
    Senate Debate over the Civil Rights Act of 1866
    Civil Rights Act of 1866
    IV. Federalism
    A. Secession
    South Carolina Ordinance of Secession
    Jeremiah Black, Opinion on the Power of the President in Executing the Laws
    Abraham Lincoln, First Inaugural Address
    B. Federalism during the Civil War
    1. Federalism in the North
    2. Federalism in the South
    C. The Status of the Southern States during Reconstruction
    William T. Sherman, "Memorandum"
    Andrew Johnson, First Annual Message
    Henry Winter Davis, "No Peace Before Victory"
    Charles Sumner, "State Rebellion, State Suicide"
    Thaddeus Stevens, Speech on Reconstruction
    Texas v. White
    D. Constitutional Amendment and Ratification
    Note: The Validity of the Fourteenth Amendment
    V. Separation of Powers
    A. General Principles
    Abraham Lincoln, Fourth of July Message to Congress
    B. Martial Law and Habeas Corpus
    Ex parte Merryman
    Edward Bates, Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus
    The Habeas Corpus Act of 1863
    C. Presidential War and Foreign Affairs Powers
    Abraham Lincoln, "Emancipation Proclamation"
    Benjamin Curtis, Executive Power
    The Prize Cases
    D. Impeaching and Censuring the President
    Note: The Impeachment of Andrew Johnson
    7. The Republican Era, 1877-1932
    I. Introduction
    David J. Brewer, "The Nation's Safeguard"
    Woodrow Wilson, "The Meaning of Democracy"
    II. Judicial Power and Constitutional Authority
    A. Judicial Review
    Slaughter-House Cases
    Theodore Roosevelt, "A Charter of Democracy"
    William Howard Taft, Veto of Arizona Statehood
    B. Constitutional Litigation
    Frothingham v. Mellon
    III. Powers of the National Government
    A. Federal Power to Enforce Civil Rights
    Note: From the Civil Rights Act to the Civil Rights Cases
    Civil Rights Cases
    Congressional Debate on Lynching
    B. Power to Regulate Commerce
    Senate Debate on the Sherman Anti-Trust Act
    United States v. E.C. Knight Company
    Note: Federalism, the Sherman Act, and the Unions
    Champion v. Ames ("The Lottery Case")
    Hammer v. Dagenhart
    C. Taxing and Spending Power
    Pollock v. Farmers' Loan and Trust Co.
    Pollock v. Farmers' Loan and Trust Co. (Rehearing)
    Bailey v. Drexel Furniture Company
    D. Treaty Power
    Missouri v. Holland
    E. Necessary and Proper Clause
    Selective Draft Law Cases (Arver et al. v. U.S.)
    F. Territorial Acquisition and Governance
    Insular Cases
    IV. Federalism
    A. States and the Commerce Clause
    Wabash, St. Louis & Pacific Railroad v. Illinois
    B. Police Powers
    Thomas M. Cooley, Constitutional Limitations
    Munn v. State of Illinois
    C. Representation of State Interests
    George F. Hoar, "Direct Election of Senators"
    V. Separation of Powers
    A. Appointment and Removal Power
    Myers v. United States
    B. Inherent Presidential Power
    Presidents on Presidential Power
    Grover Cleveland, "The Independence of the Executive"
    Theodore Roosevelt, An Autobiography
    William Howard Taft, Our Chief Magistrate and His Powers
    Woodrow Wilson, Constitutional Government in the United States
    C. Nondelegation of Legislative Power
    J.W. Hampton, Jr. & Co. v. United States
    D. Elections and Political Parties
    Note: Crisis of 1876 and the Electoral Count Act of 1887
    8. The New Deal and Great Society Era, 1933-1968
    I. Introduction
    Franklin D. Roosevelt, Commonwealth Club Address
    Dwight Eisenhower, Letter to Edgar Newton Eisenhower
    II. Judicial Power and Constitutional Authority
    A. Judicial Review
    United States v. Carolene Products
    B. Judicial Supremacy
    Franklin Roosevelt, Undelivered Speech on the Gold-Clause Cases
    Franklin 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
    Note: Court-Curbing and the Warren Court
    C. Constitutional Litigation
    Note: Declaratory Judgments
    Flast v. Cohen
    Baker v. Carr
    D. Federal Review of the States
    Note: The Incorporation of The Bill of Rights
    III. Powers of the National Government
    A. Power to Regulate Commerce
    Schechter Poultry Corp. v. United States
    National Labor Relations Board v. Jones & Laughlin Steel Corp.
    Wickard v. Filburn
    Justice Robert Jackson, Memo on Wickard
    B. Federal Power to Enforce Civil Rights
    Congressional Debate over the Civil Rights Act of 1964
    Heart of Atlanta Motel, Inc. v. United States
    South Carolina v. Katzenbach
    C. Taxing and Spending Power
    United States v. Butler
    Steward Machine Co. v. Davis
    IV. Federalism
    V. Separation of Powers
    A. General Principles
    Youngstown Sheet & Tube Co. v. Sawyer
    B. Appointment and Removal Powers
    Humphrey's Executor v. United States
    C. Nondelegation of Legislative Powers
    Schechter Poultry Corp. v. United States
    United States v. Curtiss-Wright Export Corporation
    D. Executive Privilege
    William P. Rogers, Senate Testimony on Executive Privilege
    9. Liberalism Divided, 1969-1980
    I. Introduction
    Richard M. Nixon, Speech Accepting the Republican Presidential Nomination
    Jimmy Carter, Inaugural Address
    II. Judicial Power and Constitutional Authority
    A. Constitutional Litigation
    Powell v. McCormack
    Laird v. Tatum
    Rehnquist Memo in Laird v. Tatum
    III. Powers of the National Government
    IV. Federalism
    A. State Immunity from Federal Regulation
    National League of Cities v. Usery
    B. Interstate Travel
    Shapiro v. Thompson
    V. Separation of Powers
    A. Presidential War and Foreign Affairs Powers
    Leonard C. Meeker, The Legality of the United States' Participation in the Defense of Viet-Nam
    J. William Fulbright, Congress and Foreign Policy
    The War Powers Act of 1973
    Richard Nixon, Veto of the War Powers Resolution
    United States v. United States District Court (the "Keith case")
    B. Executive Privilege
    United States v. Nixon
    PART 3. CONTEMPORARY ISSUES
    10. Reagan-Bush Era, 1981-1993
    I. Introduction
    Ronald Reagan, First Inaugural Address
    II. Judicial Power and Constitutional Authority
    A. Judicial Supremacy
    Edwin Meese, "The Law of the Constitution"
    B. Judicial Review
    William H. Rehnquist, "The Notion of a Living Constitution"
    William J. Brennan, "The Constitution of the United States: Contemporary Ratification"
    The Nomination of Robert H. Bork to the U.S. Supreme Court
    Ronald Reagan, "Address to the Nation"
    Senate Judiciary Committee Hearings on the Nomination of Robert Bork
    Note: Modern Court-Curbing
    III. Powers of the National Government
    A. General Principles
    Ronald Reagan, Remarks at the National Conference of State Legislatures
    B. Taxing and Spending Power
    South Dakota v. Dole
    IV. Federalism
    A. States and the Commerce Clause
    Garcia v. San Antonio Metropolitan Transit Authority et al.
    B. Constitutional Amendment and Ratification
    Note: The Validity of the Twenty-Seventh Amendment
    V. Separation of Powers
    A. Sharing the Legislative Power
    Immigration and Naturalization Service v. Chadha
    B. Presidential Power to Execute the Law
    Bowsher v. Synar
    Morrison v. Olson
    11. The Contemporary Era, 1994-Present
    I. Introduction
    William J. Clinton, Fourth Annual Message
    Barack Obama, Inaugural Address
    II. Judicial Power and Constitutional Authority
    A. Judicial Review
    City of Boerne v. Flores
    The Nomination of Samuel Alito to the U.S. Supreme Court
    B. Constitutional Litigation
    Doe v. Bush
    Massachusetts v. Environmental Protection Agency
    C. Judicial Structure and Selection
    Note: Judicial Appointments and Confirmations
    Senate Debate on the "Nuclear Option"
    III. Powers of the National Government
    A. Power to Regulate Commerce
    United States v. Lopez
    Gonzales v. Raich
    B. Federal Power to Enforce Civil Rights
    United States v. Morrison
    IV. Federalism
    A. State Regulation of Federal Elections
    U.S. Term Limits v. Thornton
    B. Non-Commandeering
    Printz v. United States
    C. Sovereign Immunity
    Alden v. Maine
    V. Separation of Powers
    A. Sharing the Legislative Power
    Clinton v. City of New York
    B. Presidential Power to Execute the Law
    Walter Dellinger, "Presidential Authority to Decline to Execute Unconstitutional Statutes"
    Note: The Bush Administration, Presidential Signing Statements, and the Obligation to Faithfully Execute the Law
    C. Presidential War and Foreign Affairs Powers
    John Yoo, The President's Constitutional Authority to Conduct Military Operations
    Memoranda on Standards of Conduct of Interrogation ("Torture Memos")
    Jay S. Bybee, Memo to Alberto R. Gonzales, Counsel to the President
    John Yoo, Memo to William Haynes II, General Counsel of the Department of Defense
    Daniel Levin, Memo to James B. Comey, Deputy Attorney General
    Caroline D. Krass, Memorandum Opinion on the Authority to Use Military Force in Libya
    John Cornyn, Speech on Congressional Authorization to Use Military Force in Libya
    D. Martial Law and Habeas Corpus
    Hamdi v. Rumsfeld
    E. Executive Privilege
    Cheney v. United States District Court for the District of Columbia
    F. Immunity from Judicial Processes
    Clinton v. Jones
    APPENDICES
    1. Constitution of the United States of America
    2. Researching and Reading Government Documents
    3. Chronological Table of Presidents, Congress, and the Supreme Court
    Glossary
    Index

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