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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 | |