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March of Liberty A Constitutional History of the United States - From the Founding to 1890

ISBN-10: 0195126351
ISBN-13: 9780195126358
Edition: 2nd 2002 (Revised)
List price: $49.95
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Description: A March of Liberty is a clearly written, comprehensive overview of American constitutional development from the founding of the English colonies down through the decisions of the latest term of the Supreme Court. It presents the most comprehensive  More...

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Book details

List price: $49.95
Edition: 2nd
Copyright year: 2002
Publisher: Oxford University Press, Incorporated
Publication date: 8/16/2001
Binding: Paperback
Pages: 576
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 2.046
Language: English

A March of Liberty is a clearly written, comprehensive overview of American constitutional development from the founding of the English colonies down through the decisions of the latest term of the Supreme Court. It presents the most comprehensive overview of American constitutional development now available, reflecting the latest in contemporary scholarship. The authors examine in detail the great cases handed down by the Supreme Court, showing how these cases played outin the society at large and how constitutional growth parallels change in American culture. The authors also look at lesser known decisions that played important roles in effecting change, and at the justices who made these decisions. The book offers students of American constitutional history a completereference work which is intelligible to the layperson as well as to the specialist.

MU: Emeritus Professor of History and Public Policy at Virginia Commonwealth University; co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, 2e (OUP, 2001). PF: Chapman Distinguished Professor of Law at Albany Law School, co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, 2e (OUP, 2001) and American Legal History, 3e (OUP 2004).

Preface
From the Old World to the New
Magna Carta and the Rule of Law
The Common Law Enthroned
Organizing for Settlement
The Merchant Colonies: Virginia and Massachusetts
The Compact Colonies
The Proprietary Colonies
Growth of Legislative Dominance
The English Revolutions and the Dominion of New England
For Further Reading
Law in Colonial America
Settler and Indian Views of Land
Simplifying Property Law
Personal Status: Women
Personal Status: Laborers
Personal Status: Slaves
Religion
Criminal Law
Lawyers and Practice
The Privy Council and Imperial Courts
Witchcraft and Press Freedom
For Further Reading
The Road to Independence
The Mercantile System
Colonial Governments
Writs of Assistance
The Parsons Cause and the Two Penny Act
Colonial Constitutional Thought
Republican Ideology
The British View
The Stamp Act and the Colonial Response
The Townshend Duties
Tea and the Coercive Acts
The First Continental Congress
Parting of the Ways
The Declaration of Independence
Conclusion
For Further Reading
The Revolutionary Era
Congress Governs
The Articles of Confederation
New State Governments
Conservatives and Radicals
State Constitutions
Religious Freedom
Slavery
Judicial Review and the Success and Failure of State Constitutions in the Revolutionary Era
The Common Law Survives
Blackstone's Influence
Conclusion
For Further Reading
The Crisis of Confederation
Defects of the Articles
A Government Without Energy
Western Land Policy
Northwest Ordinance
Shays's Rebellion
Madison and the Annapolis Convention
Toward the Philadelphia Convention
For Further Reading
A More Perfect Union
The Philadelphia Convention
Representation and the Structure of Government
Slavery and Representation
The Executive Branch
The Judicial Branch
The Powers of the New Government
Regulating Commerce
Concluding the Convention
The Constitution and Federalism
Checks and Balances
The Debate over Ratification
Federalists and Antifederalists
Ratification
Conclusion: The Constitution and Democracy
For Further Reading
Launching the Great Experiment
Washington Takes Office
The Bill of Rights
The Government Takes Shape
Raising a Revenue
Hamilton's Financial Program
The Bank of the United States
The Hamilton--Jefferson Debate
The Whiskey Rebellion
The Slave Trade and the Fugitive Slave Law of 1793
Defining Presidential Power
Presidential Conduct of Foreign Affairs
The Neutrality Proclamation
Jay's Treaty
Conclusion: Washington's Achievements
For Further Reading
The Supreme Court: the First Decade
The Federal Court of Appeals
The Judiciary Act of 1789
The Process Act
The Jay Court Convenes
Separation of Powers
Suing States in Federal Courts
Chisholm v. Georgia
The Eleventh Amendment
The Debt Cases
Judicial Review
The Ellsworth Tenure
Circuit Duties
Conclusion
For Further Reading
The Changing Face of the Law
Changes in the Common Law
Criminal Law
Property
Land and Water Usage
Contract
Procedure
Bench and Bar
Legal Literature
Lower Federal Courts
For Further Reading
Adams, Jefferson, and the Courts
The Alien and Sedition Acts
The Kentucky and Virginia Resolutions
The Election of 1800
The Judiciary Act of 1801
John Marshall and the Midnight Judges
Jefferson Takes Office
Repeal of the Judiciary Act
Marbury v. Madison
The Louisiana Purchase
Republican Attacks on the Judiciary: The First Cases
The Impeachment of Justice Chase
Defining Treason
The Burr Trial
Presidential Privilege
For Further Reading
The Marshall Court and National Power
The Attorney General
Changes on the Court
The Embargo Cases
United States v. Peters
The Hartford Convention
The Court and Nationalist Sentiment
Martin v. Hunter's Lessee
Madison's Proposals
The Second Bank of the United States in Court
Cohens v. Virginia
The Steamboat Case
Conclusion: The Marshall Court's Legacy
For Further Reading
The Marshall Court and Economic Development
Law and Economic Development
Fletcher v. Peck
Public Land Cases
The Emergence of the Corporation
Defining Corporate Rights
The Dartmouth College Case
Bankruptcy
Conclusion: The Marshall Court's Legacy
For Further Reading
A Law Made for the Times
Debate over the Law
An American System
Legal Instrumentalism
Changing Views of Land
Water Usage
Taking of Land
Emergence of Tort Law
Master and Servant
Commercial Law
The Corporation
Sales
Negotiable Instruments
Contract
Conclusion
For Further Reading
Politics, Nationalism, and Competition
The "Era of Good Feeling,"
Georgia, Jackson, and the Indians
Georgia, the Indians, and the Court
Calhoun Responds to the Tariff
The Webster-Hayne Debate
The Nullification Crisis
Internal Improvements
Jackson Versus the Bank
Monopoly and Economic Expansion
The Charles River Bridge Case Begins
The Last Years of the Marshall Court
Chief Justice Taney
The Charles River Bridge Case Is Decided
Conclusion: The New Departure
For Further Reading
Jacksonian Democracy
A Sense of Mastery
State Constitutional Development
Constitutional Flexibility
The Political Party and Its Function
Family Law
Women's Rights
Children and the Law
Early Labor Movements
Debtor Imprisonment
Pauper Relief
The New Prison
Code Revision
Race Relations and Antislavery
Conclusion
For Further Reading
The Taney Court: Change and Continuity
The New Chief Justice
The Court and Codification
Federal Common Law: Swift v. Tyson
The Police Power
Bank of Augusta v. Earle
The License and Passenger Cases
Defining State and Federal Powers
The Wheeling Bridge Case
The "Political Question" Doctrine
Dorr's Rebellion
Luther v. Borden
Conclusion: The Taney Court's Balance
For Further Reading
The Peculiar Laws of America's Peculiar Institution
Slavery in the New Nation
The Missouri Compromise
Black and White Opposition to Slavery: Slave Rebels and New Abolitionists
Abolitionist Theories and the Constitution
Abolitionist Use of the Law
Slaves in Transit
Antebellum Race Discrimination
Federal Fugitive Slave Laws
Prigg v. Pennsylvania
Law and Conscience
Southern Slave Codes
Controlling the Bondsmen
Slaves and Criminal Law
Manumission
Free Blacks
Conclusion
For Further Reading
A House Dividing
The Gag Rule
The Amistad Case
The Lone Star Republic
Annexing Texas
Constitutional Questions over Annexation
Presidential War Powers
The Wilmot Proviso
Free Labor and Free Soil
Calhoun's Southern Ideology
The Compromise of 1850
The Slave Trade in the Nation's Capital, California Statehood, and Slavery in the Territories
The Fugitive Slave Law
The Kansas-Nebraska Act
Obstructing the Fugitive Slave Act
"Bleeding Kansas,"
The Republican Party
Dred Scott's Case
The Self-Inflicted Wound
The Dred Scott Decision
The Aftermath
Kansas, Once Again
Ableman v. Booth
Conclusion
For Further Reading
The Union Sundered
The Election of 1860
Secession Winter
"And the War Came"
The Provisional Confederate Constitution
The Permanent Confederate Constitution
Defects in the Confederate Scheme
The Political Party as a War Tool
Lincoln Takes Control
Ex Parte Merryman
Judicial Reorganization in Wartime
The Adequacy of the Constitution
War Powers and the Rebellion
Defining Rebel Status
The Growth of National Power
The Emancipation Proclamation
The Thirteenth Amendment
For Further Reading
The Union Unrestored
Problems of Military Occupation
Loyalty Oaths
Congress Takes a Hand
Expanding Federal Court Jurisdiction
Lincoln's 10 Percent Plan
The Wade-Davis Bill
Enter Andrew Johnson
Presidential Reconstruction
The Joint Committee on Reconstruction
Southern Intransigence
The Freedmen's Bureau Bills of 1866
The Civil Rights Act
The Fourteenth Amendment
The Congressional Plan
Conclusion
For Further Reading
Reconstruction
Governmental Deadlock
The Military Reconstruction Acts
The New State Governments
Southern Resistance
Restricting the Executive
Impeachment
The Senate Trial
The Meaning of Acquittal
Reconstruction in the Courts
Ex Parte Milligan
Testing Congressional Reconstruction Powers
McCardle and Yerger
Texas v. White
Changing the Size of the Court
The Legal Tender Cases
The End of Reconstruction
The Election of 1876
Conclusion: The Legacy of Reconstruction
For Further Reading
The Court and Civil Rights
The Abandonment of the Freedmen
The Civil Rights Cases
Jim Crow Enthroned
The Treatment of Native Americans
The Chinese Cases
The Insular Cases
The Incorporation Theory
Women and the Law
The Court Draws Limits
The Peonage Cases
A Few Small Steps
Conclusion
For Further Reading
Appendixes
The Declaration of Independence
Articles of Confederation
Constitution of the United States
Justices of the U.S. Supreme Court
Case Index
Subject Index

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