American Constitutionalism: Volume I: Structures of Government

Name: American Constitutionalism: Volume I: Structures of Government
Price: 11.32 USD
Availability: InStock
ISBN: 9780199751266

ISBN-10: 0199751269

ISBN-13: 9780199751266

Edition: 2012

Authors: Howard Gillman, Mark A. Graber, Keith E. Whittington

List price: $131.95

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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 inAmerican Constitutionalism.Organized according to the standard two-semester sequence--in whichVolume IcoversinstitutionsandVolume IIcoversRights and Liberties--this text is unique in that itpresents the material in a historical organization within each volume,as opposed to the typical issues-based organization.FEATURES:* Coversall important debatesin U.S. constitutionalism,organized by historical era* Incorporatesreadings from all of the…

Book details

List price: $131.95
Copyright year: 2012
Publisher: Oxford University Press, Incorporated
Publication date: 3/9/2012
Binding: Paperback
Pages: 800
Size: 8.00" wide x 10.00" long x 1.25" tall
Weight: 3.102
Language: English



Topical Outline of Volume I


Tables, Figures, and Illustrations


Preface



Themes



Introduction to American Constitutionalism



What Is a Constitution?



Constitutional Purposes



Constitutional Interpretation and Decision Making



Constitutional Authority



Constitutional Change



Constitutional Politics and Law



Development



The Colonial Era, Before 1776



Introduction



Judicial Power and Constitutional Authority


Commentaries on the Laws of England



Massachusetts Assembly Memorial


Letters from a Farmer in Pennsylvania




Powers of the National Government


The Regulations Lately Made



Considerations of the Propriety of Imposing Taxes in the British Colonies




Separation of Powers


Boston List of Infringements


The Declaration of Independence



The Founding Era, 1776-1789



Introduction



Judicial Power and Constitutional Authority



Judicial Review


"Brutus"



The Federalist, No. 78



The Absence of a Bill of Rights


State House Yard Speech



The Federalist, No. 84



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


Letter to Richard Henry Lee



The Federalist, Nos. 1, 10, and 23


Note: Slavery and the Constitution



Federalism


Representation of State Interests


Debate in the Constitutional Convention


Speech to the New York Ratification Convention




Separation of Powers


Debate in the Constitutional Convention


The Federalist, Nos. 51, 70, and 71


"Centinel," Letter No. 1



The Early National Era, 1789-1828



Introduction


Report on Manufacturers



First Inaugural Address




Judicial Power and Constitutional Authority



Judicial Review


Calder v. Bull


Marbury v. Madison



Judicial Supremacy


Thomas Jefferson on Departmentalism



Federal Review of the States


Martin v. Hunter's Lessee



Powers of the National Government



General Principles


Note: Strict Construction



Necessary and Proper Clause


Debate on the Bank of the United States


House Debate on the Bank


Opinion on the Constitutionality of the Bill for Establishing a National Bank



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


Proposal for a Military Draft



Speech on the Proposed Military Draft




Territorial Acquisition and Governance


Senate Debate on the Louisiana Purchase


House Debate on the Missouri Compromise



Power to Regulate Commerce


United States v. The William


Speech on Foreign Relations



Gibbons v. Ogden



Taxing and Spending Power


House Report on Internal Improvements


"Views of the President of the United States on the Subject of Internal Improvements"




Federalism



Sovereign Immunity


Chisholm v. Georgia


Note: The Passage of the Eleventh Amendment



State Authority to Interpret the Constitution


Virginia and Kentucky Resolutions of 1798


Resolution of the State of Rhode Island and Providence Plantations to Virginia



Separation of Powers



General Principles


Note: The Power to Act beyond the Constitution



Appointment and Removal Powers


House Debate on Removal of Executive Officers



Executive Privilege


House Debate on the Jay Treaty


Response to the House on the Jay Treaty



Response to the President's Message




Legislative Powers of the President


Note: The Veto Power and the Legislative Role of the President



Presidential Power to Execute the Law


William Wirt, Opinion on the President and Accounting Officers



Elections and Political Parties


Note: The Constitution and the Election of 1800



The Jacksonian Era, 1829-1860



Introduction


"An Introductory Statement of the Democratic Principle," The Democratic Review


First Annual Message




Constitutional Authority and Judicial Power



Federal Judicial Structure and Judicial Selection


Note: Jacksonians Reorganize the Federal Judiciary


Debate on the Electoral Accountability of the Judiciary, Ohio Constitutional Convention



Constitutional Litigation


Luther v. Borden



Powers of the National Government



Necessary and Proper Clause


Veto Message Regarding the Bank of the United States




Fugitive Slave Clause


Speech in the Case of the Colored Woman Matilda



Prigg v. Pennsylvania


Opinion on the Constitutionality of the Fugitive Slave Bill




Territorial Acquisition and Governance


Congressional Debate on the Annexation of Texas


Dred Scott v. Sandford


Speech on Slavery in the Territories




Federalism



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



State Authority to Interpret the Constitution


"Fort Hill Address"



Proclamation on Nullification




States and Native American Sovereignty


Worcester v. Georgia



Separation of Powers



Presidential Power to Execute the Law


The Debate over the Removal of the Deposits


Paper on the Removal of the Deposits



Speech on the Removal of the Deposits



Protest of the Censure Resolution




Presidential War and Foreign Affairs Powers


Second Annual Message



House Debate on the Constitutionality of the Mexican War



Legislative Powers of the President


House Debate on the Veto Power



Secession, Civil War, and Reconstruction, 1861-1876



Introduction



Constitutional Authority and Judicial Power



Judicial Structure and Judicial Selection


Note: The Republicans Reorganize the Judiciary



Judicial Supremacy


Lincoln on Departmentalism



Constitutional Litigation


Mississippi v. Johnson


Ex parte McCardle



Powers of the National Government



Necessary and Proper Clause


Legal Tender


Congressional Debate on the Legal Tender Bill


Hepburn v. Griswold


Legal Tender Cases



Federal Power to Enforce Civil Rights


Senate Debate over the Civil Rights Act of 1866


Civil Rights Act of 1866



Federalism



Secession


South Carolina Ordinance of Secession


Opinion on the Power of the President in Executing the Laws



First Inaugural Address




Federalism during the Civil War



Federalism in the North



Federalism in the South



The Status of the Southern States during Reconstruction


"Memorandum"



First Annual Message



"No Peace Before Victory"



"State Rebellion, State Suicide"



Speech on Reconstruction



Texas v. White



Constitutional Amendment and Ratification


Note: The Validity of the Fourteenth Amendment



Separation of Powers



General Principles


Fourth of July Message to Congress




Martial Law and Habeas Corpus


Ex parte Merryman


Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus



The Habeas Corpus Act of 1863



Presidential War and Foreign Affairs Powers


"Emancipation Proclamation"



Executive Power



The Prize Cases



Impeaching and Censuring the President


Note: The Impeachment of Andrew Johnson



The Republican Era, 1877-1932



Introduction


"The Nation's Safeguard"



"The Meaning of Democracy"




Judicial Power and Constitutional Authority



Judicial Review


Slaughter-House Cases


"A Charter of Democracy"



Veto of Arizona Statehood




Constitutional Litigation


Frothingham v. Mellon



Powers of the National Government



Federal Power to Enforce Civil Rights


Note: From the Civil Rights Act to the Civil Rights Cases


Civil Rights Cases


Congressional Debate on Lynching



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



Taxing and Spending Power


Pollock v. Farmers' Loan and Trust Co.


Pollock v. Farmers' Loan and Trust Co. (Rehearing)


Bailey v. Drexel Furniture Company



Treaty Power


Missouri v. Holland



Necessary and Proper Clause


Selective Draft Law Cases (Arver et al. v. U.S.)



Territorial Acquisition and Governance


Insular Cases



Federalism



States and the Commerce Clause


Wabash, St. Louis & Pacific Railroad v. Illinois



Police Powers


Constitutional Limitations



Munn v. State of Illinois



Representation of State Interests


"Direct Election of Senators"




Separation of Powers



Appointment and Removal Power


Myers v. United States



Inherent Presidential Power


Presidents on Presidential Power


"The Independence of the Executive"



An Autobiography



Our Chief Magistrate and His Powers



Constitutional Government in the United States




Nondelegation of Legislative Power


Jr. & Co. v. United States




Elections and Political Parties


Note: Crisis of 1876 and the Electoral Count Act of 1887



The New Deal and Great Society Era, 1933-1968



Introduction


Commonwealth Club Address



Letter to Edgar Newton Eisenhower




Judicial Power and Constitutional Authority



Judicial Review


United States v. Carolene Products



Judicial Supremacy


Undelivered Speech on the Gold-Clause Cases



Fireside Chat on Court-Packing Plan



Senate Judiciary Committee Report on President Roosevelt's Court-Packing Plan


The Southern Manifesto


Address to the Nation on the Introduction of Troops in Little Rock



Cooper v. Aaron


Note: Court-Curbing and the Warren Court



Constitutional Litigation


Note: Declaratory Judgments


Flast v. Cohen


Baker v. Carr



Federal Review of the States


Note: The Incorporation of The Bill of Rights



Powers of the National Government



Power to Regulate Commerce


Schechter Poultry Corp. v. United States


National Labor Relations Board v. Jones & Laughlin Steel Corp.


Wickard v. Filburn


Memo on Wickard




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



Taxing and Spending Power


United States v. Butler


Steward Machine Co. v. Davis



Federalism



Separation of Powers



General Principles


Youngstown Sheet & Tube Co. v. Sawyer



Appointment and Removal Powers


Humphrey's Executor v. United States



Nondelegation of Legislative Powers


Schechter Poultry Corp. v. United States


United States v. Curtiss-Wright Export Corporation



Executive Privilege


Senate Testimony on Executive Privilege




Liberalism Divided, 1969-1980



Introduction


Speech Accepting the Republican Presidential Nomination



Inaugural Address




Judicial Power and Constitutional Authority



Constitutional Litigation


Powell v. McCormack


Laird v. Tatum


Rehnquist Memo in Laird v. Tatum



Powers of the National Government



Federalism



State Immunity from Federal Regulation


National League of Cities v. Usery



Interstate Travel


Shapiro v. Thompson



Separation of Powers



Presidential War and Foreign Affairs Powers


The Legality of the United States' Participation in the Defense of Viet-Nam



Congress and Foreign Policy



The War Powers Act of 1973


Veto of the War Powers Resolution



United States v. United States District Court (the "Keith case")



Executive Privilege


United States v. Nixon



Contemporary Issues



Reagan-Bush Era, 1981-1993



Introduction


First Inaugural Address




Judicial Power and Constitutional Authority



Judicial Supremacy


"The Law of the Constitution"




Judicial Review


"The Notion of a Living Constitution"



"The Constitution of the United States: Contemporary Ratification"



The Nomination of Robert H. Bork to the U.S. Supreme Court


"Address to the Nation"



Senate Judiciary Committee Hearings on the Nomination of Robert Bork


Note: Modern Court-Curbing



Powers of the National Government



General Principles


Ronald Reagan, Remarks at the National Conference of State Legislatures



Taxing and Spending Power


South Dakota v. Dole



Federalism



States and the Commerce Clause


Garcia v. San Antonio Metropolitan Transit Authority et al.



Constitutional Amendment and Ratification


Note: The Validity of the Twenty-Seventh Amendment



Separation of Powers



Sharing the Legislative Power


Immigration and Naturalization Service v. Chadha



Presidential Power to Execute the Law


Bowsher v. Synar


Morrison v. Olson



The Contemporary Era, 1994-Present



Introduction


Fourth Annual Message



Inaugural Address




Judicial Power and Constitutional Authority



Judicial Review


City of Boerne v. Flores


The Nomination of Samuel Alito to the U.S. Supreme Court



Constitutional Litigation


Doe v. Bush


Massachusetts v. Environmental Protection Agency



Judicial Structure and Selection


Note: Judicial Appointments and Confirmations


Senate Debate on the "Nuclear Option"



Powers of the National Government



Power to Regulate Commerce


United States v. Lopez


Gonzales v. Raich



Federal Power to Enforce Civil Rights


United States v. Morrison



Federalism



State Regulation of Federal Elections


U.S. Term Limits v. Thornton



Non-Commandeering


Printz v. United States



Sovereign Immunity


Alden v. Maine



Separation of Powers



Sharing the Legislative Power


Clinton v. City of New York



Presidential Power to Execute the Law


"Presidential Authority to Decline to Execute Unconstitutional Statutes"



Note: The Bush Administration, Presidential Signing Statements, and the Obligation to Faithfully Execute the Law



Presidential War and Foreign Affairs Powers


The President's Constitutional Authority to Conduct Military Operations



Memoranda on Standards of Conduct of Interrogation ("Torture Memos")


Memo to Alberto R. Gonzales, Counsel to the President



Memo to William Haynes II, General Counsel of the Department of Defense



Memo to James B. Comey, Deputy Attorney General



Memorandum Opinion on the Authority to Use Military Force in Libya



Speech on Congressional Authorization to Use Military Force in Libya




Martial Law and Habeas Corpus


Hamdi v. Rumsfeld



Executive Privilege


Cheney v. United States District Court for the District of Columbia



Immunity from Judicial Processes


Clinton v. Jones


Appendices



Constitution of the United States of America



Researching and Reading Government Documents



Chronological Table of Presidents, Congress, and the Supreme Court


Glossary


Index