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