Structures of government

Author(s)

• Gillman, Howard
• Graber, Mark A.
• Whittington, Keith E.

Bibliographic Information

Structures of government

Howard Gillman, Mark A. Graber, Keith E. Whittington

（American constitutionalism, v. 1）

Oxford University Press, c2017

2nd ed

• : pbk

Note

Includes bibliographical references and index

Description and Table of Contents

Description

The key points are the authors (editing and headnotes), broader readings (for political and historical context), historical sequence (with flexibility to suit both new and traditional courses), and pedagogy to encourage learning and critical thinking. Political science majors and future practicing lawyers alike will appreciate this "historical institutional " context, seeing the law as a vital part of the political process. They will see how the Constitution and the courts are influenced by politics, how other factors and players shape the law beyond the Supreme Court, and how history is in turn a struggle for constitutional authority. And they are reinforced and challenged at every step by bulleted summaries, questions, and other pedagogy not found in any other text. * Each volume proceeds chronologically, with extensive historical background and with consistent topical structure from chapter to chapter, to stress how the law has developed over time, within the politics and culture of its age. Each volume thus ends with current controversies. * Additional documents beyond Supreme Court cases make the book more comprehensive, historical, and vivid - from great speeches (by Daniel Webster, Abraham Lincoln, and others) and presidential vetoes to issues and controversies today. * Extensive historical introductions precede each chapter's cases. * Many examples make the struggle for constitutional authority vivid, from Marbury v. Madison to the New Deal and today. * Chapter 1 introduces critical questions right away: What is the Constitution, who interprets it, and how does it change? * Chapter 1 also introduces comparative governments early. * Many more readings are available in the package online. * Of course, three stellar scholars are our authors, and their excerpting and editing of readings is a itself a major feature. * Yet additional readings, as well as full cases, are on the companion Web site. There is, quite simply, more pedagogy and art than in other books: * Main sections open with bulleted Major Developments. * Questions at end of each headnote encourage critical thinking. * Notes explicate court decisions. Chapters end with further readings. * Historical images and maps add unique interest. * A case study in the introductory chapter integrates constitutional issues into history, (tentatively "The Negro Seamen's Act "). * An appendix on doing legal research and reading court cases helps students with the methodology of political science. * Again, an alternate table of contents adds flexibility, as a correlation guide.

Table of Contents

*=New to this Edition Topical Outline of Volume I: Tables, Figures, and Illustrations: Preface: PART 1. THEMES 1. Introduction to American Constitutionalism I. What Is a Constitution? II. Constitutional Purposes III. Constitutional Interpretation and Decision Making IV. Constitutional Authority V. Constitutional Change VI. Constitutional Politics and Law PART 2. DEVELOPMENT 2. The Colonial Era, Before 1776 I. Introduction II. Judicial Power and Constitutional Authority William Blackstone, Commentaries on the Laws of England Massachusetts Assembly Memorial John Dickinson, Letters from a Farmer in Pennsylvania III. Powers of the National Government Thomas Whately, The Regulations Lately Made Daniel Dulany, Considerations of the Propriety of Imposing Taxes in the British Colonies IV. Separation of Powers Boston List of Infringements The Declaration of Independence 3. The Founding Era, 1776-1788 I. Introduction II. Judicial Power and Constitutional Authority A. Judicial Review "Brutus" The Federalist, No. 78 B. The Absence of a Bill of Rights * The Federalist Response to Anti-Federalist Critics James Wilson, State House Yard Speech The Federalist, No. 84 III. Powers of the National Government Articles of Confederation The Virginia Plan The New Jersey Plan Article I, Section 8 of the Constitution of the United States Samuel Adams, Letter to Richard Henry Lee The Federalist, Nos. 1, 10, and 23 IV. Federalism A. Representation of State Interests Debate in the Constitutional Convention Melancton Smith, Speech to the New York Ratification Convention V. Separation of Powers Debate in the Constitutional Convention The Federalist, Nos. 51, 70, and 71 "Centinel," Letter No. 1 4. The Early National Era, 1789-1828 I. Introduction Alexander Hamilton, Report on Manufacturers Thomas Jefferson, First Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Review Calder v. Bull Marbury v. Madison B. Judicial Supremacy Thomas Jefferson on Departmentalism C. Federal Review of the States Martin v. Hunter's Lessee * Barron v. Baltimore III. Powers of the National Government A. General Principles B. Necessary and Proper Clause Debate on the Bank of the United States --House Debate on the Bank --Thomas Jefferson, Opinion on the Constitutionality of the Bill for Establishing a National Bank --Alexander Hamilton, Opinion as to the Constitutionality of the Bank of the United States --McCulloch v. Maryland --Spencer Roane and John Marshall on McCulloch v. Maryland Debate on the Military Draft --James Monroe, Proposal for a Military Draft --Daniel Webster, Speech on the Proposed Military Draft C. Territorial Acquisition and Governance Senate Debate on the Louisiana Purchase House Debate on the Missouri Compromise D. Power to Regulate Commerce United States v. The William Josiah Quincy, Speech on Foreign Relations Gibbons v. Ogden E. Taxing and Spending Power House Report on Internal Improvements James Monroe, "Views of the President of the United States on the Subject of Internal Improvements" IV. Federalism A. Sovereign Immunity Chisholm v. Georgia B. State Authority to Interpret the Constitution Virginia and Kentucky Resolutions of 1798 Resolution of the State of Rhode Island and Providence Plantations to Virginia V. Separation of Powers A. General Principles B. Appointment and Removal Powers House Debate on Removal of Executive Officers C. Executive Privilege House Debate on the Jay Treaty George Washington, Response to the House on the Jay Treaty James Madison, Response to the President's Message D. Legislative Powers of the President E. Elections and Political Parties 5. The Jacksonian Era, 1829-1860 I. Introduction "An Introductory Statement of the Democratic Principle," The Democratic Review John Quincy Adams, First Annual Message II. Judicial Power and Constitutional Authority A. Judicial Structure and Judicial Selection Debate on the Electoral Accountability of the Judiciary, Ohio Constitutional Convention B. Constitutional Litigation Luther v. Borden * C. Federal Review of the States * Barron v. Baltimore III. Powers of the National Government A. Necessary and Proper Clause Andrew Jackson, Veto Message Regarding the Bank of the United States B. Fugitive Slave Clause Salmon Chase, Speech in the Case of the Colored Woman Matilda Prigg v. Pennsylvania John J. Crittenden, Opinion on the Constitutionality of the Fugitive Slave Bill C. Territorial Acquisition and Governance Congressional Debate on the Annexation of Texas Dred Scott v. Sandford Abraham Lincoln, Speech on Slavery in the Territories IV. Federalism A. States and the Commerce Clause Cooley v. Board of Wardens of the Port of Philadelphia B. State Authority to Interpret the Constitution John C. Calhoun, "Fort Hill Address" C. States and Native American Sovereignty Worcester v. Georgia V. Separation of Powers A. Presidential Power to Execute the Law The Debate over the Removal of the Deposits Andrew Jackson, Paper on the Removal of the Deposits Henry Clay, Speech on the Removal of the Deposits Andrew Jackson, Protest of the Censure Resolution B. Presidential War and Foreign Affairs Powers James Polk, Second Annual Message House Debate on the Constitutionality of the Mexican War C. Legislative Powers of the President House Debate on the Veto Power 6. Secession, Civil War, and Reconstruction, 1861-1876 I. Introduction II. Constitutional Authority and Judicial Power A. Judicial Structure and Selection B. Judicial Supremacy Lincoln on Departmentalism C. Constitutional Litigation Ex parte McCardle III. Powers of the National Government A. Necessary and Proper Clause Congressional Debate on the Legal Tender Bill Hepburn v. Griswold Legal Tender Cases B. Federal Power to Enforce Civil Rights Senate Debate over the Civil Rights Act of 1866 Civil Rights Act of 1866 IV. Federalism A. Secession South Carolina Ordinance of Secession Jeremiah Black, Opinion on the Power of the President in Executing the Laws Abraham Lincoln, First Inaugural Address B. Federalism during the Civil War 1. Federalism in the North 2. Federalism in the South C. The Status of the Southern States during Reconstruction William T. Sherman, "Memorandum" Andrew Johnson, First Annual Message Henry Winter Davis, "No Peace Before Victory" Charles Sumner, "State Rebellion, State Suicide" Thaddeus Stevens, Speech on Reconstruction Texas v. White D. Constitutional Amendment and Ratification V. Separation of Powers A. General Principles Abraham Lincoln, Fourth of July Message to Congress B. Martial Law and Habeas Corpus Ex parte Merryman Edward Bates, Opinion on the Suspension of the Privilege of the Writ of Habeas Corpus The Habeas Corpus Act of 1863 C. Presidential War and Foreign Affairs Powers Abraham Lincoln, "Emancipation Proclamation" Benjamin Curtis, Executive Power The Prize Cases D. Impeaching and Censuring the President 7. The Republican Era, 1877-1932 I. Introduction David J. Brewer, "The Nation's Safeguard" Woodrow Wilson, "The Meaning of Democracy" II. Judicial Power and Constitutional Authority A. Judicial Review Slaughter-House Cases Theodore Roosevelt, "A Charter of Democracy" William Howard Taft, Veto of Arizona Statehood B. Constitutional Litigation Frothingham v. Mellon III. Powers of the National Government A. Federal Power to Enforce Civil Rights Civil Rights Cases Congressional Debate on Lynching B. Power to Regulate Commerce Senate Debate on the Sherman Anti-Trust Act United States v. E.C. Knight Company Champion v. Ames ("The Lottery Case") Hammer v. Dagenhart C. Taxing and Spending Power Pollock v. Farmers' Loan and Trust Company Pollock v. Farmers' Loan and Trust Company (Rehearing) Bailey v. Drexel Furniture Company ["The Child Labor Tax Case"] D. Treaty Power Missouri v. Holland E. Necessary and Proper Clause Selective Draft Law Cases (Arver et al. v. U.S.) IV. Federalism A. States and the Commerce Clause Wabash, St. Louis & Pacific Railroad v. Illinois B. Police Powers Thomas M. Cooley, Constitutional Limitations Munn v. State of Illinois C. Representation of State Interests George F. Hoar, "Direct Election of Senators" V. Separation of Powers A. Appointment and Removal Power Myers v. United States B. Inherent Presidential Power Presidents on Presidential Power --Grover Cleveland, "The Independence of the Executive" --Theodore Roosevelt, An Autobiography --William Howard Taft, Our Chief Magistrate and His Powers --Woodrow Wilson, Constitutional Government in the United States C. Nondelegation of Legislative Power J.W. Hampton, Jr. & Co. v. United States D. Elections and Political Parties 8. The New Deal and Great Society Era, 1933-1968 I. Introduction Franklin D. Roosevelt, Commonwealth Club Address Dwight Eisenhower, Letter to Edgar Newton Eisenhower II. Judicial Power and Constitutional Authority A. Judicial Review United States v. Carolene Products B. Judicial Supremacy Franklin Roosevelt, Undelivered Speech on the Gold-Clause Cases Franklin Roosevelt, Fireside Chat on Court-Packing Plan Senate Judiciary Committee Report on President Roosevelt's Court-Packing Plan The Southern Manifesto Dwight Eisenhower, Address to the Nation on the Introduction of Troops in Little Rock Cooper v. Aaron C. Constitutional Litigation Note: Declaratory Judgments Flast v. Cohen Baker v. Carr D. Federal Review of the States III. Powers of the National Government A. Power to Regulate Commerce Schechter Poultry Corp. v. United States National Labor Relations Board v. Jones & Laughlin Steel Corp. Wickard v. Filburn Justice Robert Jackson, Memo on Wickard B. Federal Power to Enforce Civil Rights Congressional Debate over the Civil Rights Act of 1964 Heart of Atlanta Motel, Inc. v. United States South Carolina v. Katzenbach C. Taxing and Spending Power United States v. Butler Steward Machine Co. v. Davis IV. Federalism V. Separation of Powers A. General Principles Youngstown Sheet & Tube Co. v. Sawyer * B. Presidential War and Foreign Affairs Powers * Department of State, Memorandum on the Authority of the President to Repel Attack in Korea C. Appointment and Removal Powers Humphrey's Executor v. United States D. Nondelegation of Legislative Powers Schechter Poultry Corp. v. United States United States v. Curtiss-Wright Export Corporation E. Executive Privilege William P. Rogers, Senate Testimony on Executive Privilege 9. Liberalism Divided, 1969-1980 I. Introduction Richard M. Nixon, Speech Accepting the Republican Presidential Nomination Jimmy Carter, Inaugural Address II. Judicial Power and Constitutional Authority A. Constitutional Litigation Powell v. McCormack Laird v. Tatum Rehnquist Memo in Laird v. Tatum III. Powers of the National Government IV. Federalism A. State Immunity from Federal Regulation National League of Cities v. Usery V. Separation of Powers A. Presidential War and Foreign Affairs Powers Leonard C. Meeker, The Legality of the United States' Participation in the Defense of Viet-Nam J. William Fulbright, Congress and Foreign Policy The War Powers Act of 1973 Richard Nixon, Veto of the War Powers Resolution United States v. United States District Court (the "Keith Case") B. Executive Privilege United States v. Nixon PART 3. CONTEMPORARY ISSUES 10. The Reagan-Bush Era, 1981-1993 I. Introduction Ronald Reagan, First Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Supremacy Edwin Meese, "The Law of the Constitution" B. Judicial Review William H. Rehnquist, "The Notion of a Living Constitution" William J. Brennan, "The Constitution of the United States: Contemporary Ratification" The Nomination of Robert H. Bork to the U.S. Supreme Court Ronald Reagan, "Address to the Nation" Senate Judiciary Committee Hearings on the Nomination of Robert Bork III. Powers of the National Government A. General Principles Ronald Reagan, Remarks at the National Conference of State Legislatures B. Taxing and Spending Power South Dakota v. Dole IV. Federalism A. States and the Commerce Clause Garcia v. San Antonio Metropolitan Transit Authority et al. B. Constitutional Amendment and Ratification V. Separation of Powers A. Sharing the Legislative Power Immigration and Naturalization Service v. Chadha B. Presidential Power to Execute the Law Morrison v. Olson 11. The Contemporary Era, 1994-Present I. Introduction William J. Clinton, Fourth Annual Message Barack Obama, Inaugural Address II. Judicial Power and Constitutional Authority A. Judicial Review City of Boerne v. Flores The Nomination of Samuel Alito to the U.S. Supreme Court B. Constitutional Litigation Doe v. Bush Massachusetts v. Environmental Protection Agency C. Judicial Structure and Selection Senate Debate on the "Nuclear Option" III. Powers of the National Government A. Power to Regulate Commerce United States v. Lopez * National Federation of Independent Business v. Sebelius B. Federal Power to Enforce Civil Rights United States v. Morrison IV. Federalism A. State Regulation of Federal Elections U.S. Term Limits v. Thornton B. Non-Commandeering Printz v. United States C. Sovereign Immunity Alden v. Maine * D. States and the Commerce Clause * Granholm v. Heald V. Separation of Powers A. Sharing the Legislative Power Clinton v. City of New York B. Presidential Power to Execute the Law Walter Dellinger, "Presidential Authority to Decline to Execute Unconstitutional Statutes" C. Presidential War and Foreign Affairs Powers John Yoo, The President's Constitutional Authority to Conduct Military Operations Memoranda on Standards of Conduct of Interrogation ("Torture Memos") Jay S. Bybee, Memo to Alberto R. Gonzales, Counsel to the President John Yoo, Memo to William Haynes II, General Counsel of the Department of Defense Daniel Levin, Memo to James B. Comey, Deputy Attorney General Caroline D. Krass, Memorandum Opinion on the Authority to Use Military Force in Libya John Cornyn, Speech on Congressional Authorization to Use Military Force in Libya D. Martial Law and Habeas Corpus Hamdi v. Rumsfeld E. Executive Privilege Cheney v. United States District Court for the District of Columbia F. Immunity from Judicial Processes Clinton v. Jones APPENDICES 1. Constitution of the United States of America 2. Researching and Reading Government Documents 3. Chronological Table of Presidents, Congress, and the Supreme Court Glossary: Index:

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Details

• NCID: BB23427752
• ISBN:
  • 9780190299477
• LCCN: 2016014865
• Country Code: us
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: New York
• Pages/Volumes: xxx, 754 p.
• Size: 26 cm
• Classification:
  • LCC : KF4541
  • DC23 : 342.7302/9
• Subject Headings:
  • LCSH : Constitutional history -- United States
• Parent Bibliography ID:
  • BB11388926