| |
| |
Foreword | |
| |
| |
| |
Preface | |
| |
| |
Preface to the Expanded Edition | |
| |
| |
Introduction | |
| |
| |
The First American Constitutions | |
| |
| |
Republicanism, Federalism, and Constitutionalism | |
| |
| |
The English Constitution in the Eighteenth Century | |
| |
| |
The Colonists' Theory of Empire | |
| |
| |
The American Concept of a Constitution | |
| |
| |
The Founding Spirit | |
| |
| |
| |
Government by Congresses and Committees, 1773-1776 | |
| |
| |
The Assumption of Power | |
| |
| |
Units of Revolutionary Action | |
| |
| |
A Case Study: The Assumption of Power in Massachusetts | |
| |
| |
The Committees of Correspondence and the First Continental Congress | |
| |
| |
The End of Government by Congresses and Committees | |
| |
| |
| |
The Role of the Continental Congress, 1775-1776 | |
| |
| |
Massachusetts Requests Advice | |
| |
| |
A Model Constitution for All the States? | |
| |
| |
The Initiatives of New Hampshire, South Carolina, and Virginia | |
| |
| |
The Resolution of May 10 and 15, 1776 | |
| |
| |
| |
"Choosing Deputies to Form a Government": The Making of the First State Constitutions | |
| |
| |
Organizing the "Constituent Power" | |
| |
| |
Connecticut and Rhode Island | |
| |
| |
The State Constitutions, 1776-1780 | |
| |
| |
Constituent Power on the Frontier | |
| |
| |
Practical Limits of the Constituent Power | |
| |
| |
| |
"Republic" and "Democracy" in Political Rhetoric | |
| |
| |
"Republican" as a Smear Word | |
| |
| |
Criticism of Monarchical Government | |
| |
| |
Avowal of Republicanism | |
| |
| |
"Republic" and "Democracy" as Synonyms | |
| |
| |
The Federalists' Usage in 1787 | |
| |
| |
| |
Forms versus Principles of Government: Harnessing Enlightenment Ideas to Anglo-American Institutions | |
| |
| |
Forms versus Principles | |
| |
| |
Thomas Paine and John Adams | |
| |
| |
Ten Principles of Republican Government | |
| |
| |
| |
Popular Sovereignty | |
| |
| |
A European Perspective | |
| |
| |
Sovereignty Modified by Federalism | |
| |
| |
The Sovereignty Clauses in the State Constitutions | |
| |
| |
The Right to Resist Government | |
| |
| |
The Right to Change a Constitution | |
| |
| |
Sovereignty Limited by Civil Rights | |
| |
| |
Popular Sovereignty as the Criterion of Political Radicalism | |
| |
| |
| |
Liberty | |
| |
| |
An Asylum for Which Liberty? | |
| |
| |
English Liberties and the Debate on Colonial Government and Independence | |
| |
| |
Liberty and Liberties in the State Constitutions | |
| |
| |
Liberty and Law | |
| |
| |
Liberty and Property | |
| |
| |
| |
Equality | |
| |
| |
Equality in the Empire | |
| |
| |
Equality in the Declaration of Independence | |
| |
| |
Equality Clauses in the Bills of Rights | |
| |
| |
Education and Property as Factors of Inequality | |
| |
| |
Race as a Factor of Inequality | |
| |
| |
Members Only | |
| |
| |
| |
Property | |
| |
| |
The Colonists and the "Natural Right of Property" | |
| |
| |
Property Clauses in the State Constitutions | |
| |
| |
Primogeniture and Entail | |
| |
| |
Property Qualifications for Voting | |
| |
| |
The Restrictive Effect of Property Qualifications | |
| |
| |
Justification and Criticism of Property Qualifications | |
| |
| |
| |
The Common Good | |
| |
| |
The Common Good versus Colonial Rule | |
| |
| |
The Common Good in the State Constitutions | |
| |
| |
"Public good is, as it were, a common bank" | |
| |
| |
Parties, Representation, and the Common Good | |
| |
| |
| |
Representation | |
| |
| |
"Virtual" Representation and the Colonial Assemblies | |
| |
| |
Representative Democracy | |
| |
| |
Equal Representation | |
| |
| |
Composition of Houses of Representatives and Senates | |
| |
| |
Short Terms of Office | |
| |
| |
Instructions: Direct Popular Influence on Legislation | |
| |
| |
The Public Eye | |
| |
| |
Rotation in Office | |
| |
| |
A Comparative Outlook | |
| |
| |
| |
The Separation of Powers | |
| |
| |
Colonial Origins | |
| |
| |
Simple Government Rejected | |
| |
| |
Unicameral versus Bicameral Legislature | |
| |
| |
Separation Clauses in the State Constitutions | |
| |
| |
Beginnings of the Presidential System | |
| |
| |
| |
Federalism | |
| |
| |
Independence and Federation | |
| |
| |
The Continental Congress in 1774 and 1775 | |
| |
| |
The Articles of Confederation, 1776-1778 | |
| |
| |
The Classic Issues: Representation and Regionalism | |
| |
| |
The State Constitutions and the Powers of the Confederation | |
| |
| |
Prospects for a New National Constitution | |
| |
| |
| |
The State Constitutions' Analogies and Precedents for the United States Constitution | |
| |
| |
Instances of Reasoning by Analogy in 1787 | |
| |
| |
Institutional Precedents: Presidents, Impeachment and the Senate | |
| |
| |
Procedural Precedents: Making, Ratifying and Amending a Constitution | |
| |
| |
Declarations of Rights | |
| |
| |
Conclusion | |
| |
| |
| |
Testing the Republicanism versus Liberalism Hypotheses | |
| |
| |
American Republicanism in the Context of European Liberalism | |
| |
| |
"Republican" and "Democratic" Principles | |
| |
| |
Liberal Checks on Power | |
| |
| |
Conclusions and Suggestions for Further Study of the Revolutionary Period's | |
| |
| |
Republicanism | |
| |
| |
Appendixes | |
| |
| |
Property Qualifications in First State Constitutions and Election Laws | |
| |
| |
Rotation in Office as Stipulated in Constitutions from 1776 to 1780 | |
| |
| |
Bibliography | |
| |
| |
Supplementary Bibliography | |
| |
| |
Index | |