American Constitutionalism Structures of Government

ISBN-10: 0199751269
ISBN-13: 9780199751266
Edition: 2012
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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  More...

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Book details

List price: $145.95
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: 4.290
Language: English

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 prominent participantsin those debates* Clearly lays out thepolitical and legal contextsin chapter introductions* Integratesmore documents and cases than any other text on the market, including decisions made by elected officials and state courts* Offersnumerous 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 readingsCOMING SOON:American Constitutionalism: Volume II: Rights and Liberties(978-0-19-975135-8)

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

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