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Liberty, Order, and Justice An Introduction to the Constitutional Principles of American Government

ISBN-10: 0865972567
ISBN-13: 9780865972568
Edition: 3rd 2000 (Revised)
Authors: James McClellan
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Book details

List price: $14.50
Edition: 3rd
Copyright year: 2000
Publisher: Liberty Fund, Incorporated
Publication date: 12/1/2000
Binding: Paperback
Pages: 649
Size: 6.00" wide x 9.00" long x 1.50" tall
Weight: 2.376
Language: English

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

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