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| Preface | |
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| The Constitution's Deep Roots | |
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| The Meaning of Constitutional Government | |
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| The Lamp of Experience | |
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| The Constitutions of Antiquity | |
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| English Origins of America's Constitution | |
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| The Growth of Parliament | |
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| The Challenge of Parliamentary Supremacy | |
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| The Common Law Tradition | |
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| The Republican Tradition and the Struggle for Constitutional Liberty | |
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| The Influence of Continental Thinkers | |
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| The Education of the Founders | |
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| The French and American Revolutions Compared | |
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| Suggested Reading | |
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| Relevant Chapters of Magna Charta (1215) | |
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| Petition of Right (1628) | |
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| The English Bill of Rights (1689) | |
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| America's First Constitutions and Declarations of Rights | |
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| Colonial Governments | |
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| Relations with Great Britain | |
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| Local Government in the Colonies | |
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| Civil Liberties in the Colonies | |
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| The Movement Toward Independence | |
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| The Declaration of Independence | |
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| The Rights Proclaimed | |
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| The First State Constitutions, 1776-1783 | |
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| The Articles of Confederation | |
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| Suggested Reading | |
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| The Mayflower Compact | |
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| Fundamental Orders of Connecticut | |
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| Declaration and Resolves of the First Continental Congress | |
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| Declaration of the Causes and Necessity of Taking Up Arms | |
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| The Declaration of Independence (1776) | |
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| Virginia Bill of Rights | |
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| Thoughts on Government | |
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| Massachusetts Constitution of 1780 | |
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| Articles of Confederation (1778) | |
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| The Achievement of the Philadelphia Convention | |
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| The Problems of the Convention | |
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| The Delegates to the Convention | |
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| A Wide Range of Talents | |
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| Plans and Progress at Philadelphia | |
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| The Meaning of "Federal" | |
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| The Virginia Plan: A Supreme National Government | |
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| Hamilton's Concept of a Unified America | |
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| The New Jersey Plan: Checks upon Central Power | |
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| The Benefits of Compromise | |
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| Compromise and Consensus | |
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| Suggested Reading | |
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| Virginia Plan | |
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| New Jersey Plan | |
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| Constitution of the United States of America (1787) | |
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| Basic Constitutional Concepts: Federalism, Separation of Powers, and Rule of Law | |
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| Federalism | |
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| Powers Delegated to Congress | |
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| Powers Denied to Congress | |
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| Powers Denied to the States | |
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| The Division of Powers | |
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| The Supremacy Clause | |
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| National and State Obligations | |
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| Obligations of the National Government to the States | |
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| Obligations of the States to the National Government | |
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| Obligations of the States to Each Other | |
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| The Role of the States in the Amendment Process | |
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| The Federalism Factor | |
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| The Advantages of Federalism | |
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| The Future of Federalism | |
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| The Separation of Powers | |
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| Checks and Balances | |
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| Checks upon the Congress | |
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| Checks upon the President | |
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| Checks upon the Judiciary | |
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| The Independence of Congress | |
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| The Independence of the President | |
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| The Independence of the Judiciary | |
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| Summary and Review | |
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| Separation of Powers: A Critical Evaluation | |
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| Separation of Powers at the Crossroads | |
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| The Rule of Law | |
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| The Basic Principles of the American Constitution | |
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| Suggested Reading | |
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| The Federalist No. 10 | |
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| The Federalist No. 45 | |
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| The Federalist No. 47 | |
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| Defending the Constitution: The Struggle over Ratification and the Bill of Rights | |
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| The Anti-Federalist Persuasion | |
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| The Constitution Establishes a Consolidated Empire | |
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| The Constitution Establishes an Aristocracy | |
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| The Constitution Confers Too Much Power | |
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| An Imperial Congress | |
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| An Elected Monarch | |
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| An Omnipotent Judiciary | |
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| The Federalist Response | |
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| The Constitution Limits and Distributes Power | |
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| Congress Is Not an Oligarchy | |
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| The President Is Not a King | |
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| The Judiciary Is the Least Dangerous Branch | |
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| Whether a Bill of Rights Was Necessary | |
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| The Clash of Values | |
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| The Bill of Rights | |
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| Religious Freedom, and Freedom to Speak, Print, Assemble, and Petition | |
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| The Right to Bear Arms | |
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| Quartering Troops | |
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| Search and Seizure | |
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| Rights of Persons | |
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| Rights of the Accused | |
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| Trial by Jury in Civil Cases | |
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| Bail and Cruel and Unusual Punishments | |
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| Rights Retained by the People | |
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| Rights Retained by the States | |
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| Rights Versus Duties | |
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| Suggested Reading | |
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| The Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to Their Constituents | |
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| Northwest Ordinance (1787) | |
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| Interpreting and Preserving the Constitution | |
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| Principles of Statutory Construction | |
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| The Doctrine of Judicial Review | |
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| The Supreme Court as Final Interpreter | |
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| The States as Final Interpreters | |
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| Strict Versus Loose Construction | |
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| The Independence of the Judiciary | |
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| Origins of Judicial Independence | |
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| The Judicial Power | |
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| Jurisdiction | |
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| Suggested Reading | |
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| Marbury v. Madison | |
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| Martin v. Hunter's Lessee | |
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| Washington's Farewell Address (1796) | |
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| Changing the Constitution--Together with an Explanation of the Amendments Added Since 1791 | |
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| Our Living Constitution | |
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| Our Changing Constitution | |
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| Amending the Constitution | |
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| The Limits of the Amending Power | |
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| The Amended Constitution | |
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| Amendment XI (1798) | |
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| Amendment XII (1804) | |
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| Amendment XIII (1865) | |
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| Amendment XIV (1868) | |
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| Amendment XV (1870) | |
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| Amendment XVI (1913) | |
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| Amendment XVII (1913) | |
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| Amendment XVIII (1919) | |
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| Amendment XIX (1920) | |
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| Amendment XX (1933) | |
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| Amendment XXI (1933) | |
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| Amendment XXII (1951) | |
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| Amendment XXIII (1961) | |
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| Amendment XXIV (1964) | |
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| Amendment XXV (1967) | |
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| Amendment XXVI (1971) | |
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| Amendment XXVII (1992) | |
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| Conclusion | |
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| Suggested Reading | |
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| Index | |