Table of Contents
Each chapter ends with a list of Further Readings.
1. INTERPRETING AMERICAN CONSTITUTIONAL HISTORY.
Essays: Jennifer Nedelsky, The Constitution and the Protection of Private Property; John E. Semonche, The Supreme Court as a Unifying Force in American Culture; Larry D. Kramer, Popular Constitutionalism; Linda K. Kerber, Gender and American Citizenship.
2. CREATING THE AMERICAN REPUBLIC.
Documents: Political Theorist John Locke Describes the Ends of Political Society and Government, 1690; American Colonists Declare Their Independence, 1776; The American Colonies Form a Confederation, 1777; Convention Delegate Edmund Randolph Proposes the Virginia Plan, May 29, 1787; William Paterson Proposes the New Jersey Plan, June 15, 1787; Delegates Debate the Creation of a National Legislature, May-June, 1787; Delegates Debate Slavery and Representation, June-July, 1787; Delegate James Madison Advocates an Extended Republic, 1788.
Essays: Paul Finkelman, Slavery and the Debate over Representation; Forrest McDonald, The Power of Ideas in the Convention; Jan Lewis, Representation of Women in the Constitution.
3. RIGHTS OF THE NEW REPUBLIC.
Documents: Virginian James Madison Champions Religious Liberty, 1785; Anti-Federalist George Mason Outlines his Objections to the Proposed Constitution, 1787; Madison Advocates a Bill of Rights, 1789; The Sedition Act Limits Criticism of the National Government, 1798; The Virginia and Kentucky Resolutions Decry the Abuse of National Power, 1798-1799; Lyon’s Case, 1798.
Essays: Saul Cornell, The Anti-Federalists and American Liberty; Leonard W. Levy, The Republicans and the Transformation of Libertarian Thought.
4. THE DEPARTMENTAL THEORY AND THE ESTABLISHMENT OF JUDICIAL REVIEW.
Documents: Federalist Alexander Hamilton Defends Judicial Review, 1788; Kamper v. Hawkins, 1793; Republican John Breckenridge Advocates the Repeal of the Federalist’s Judiciary Act, 1802; Marbury v. Madison, 1803; Martin v. Hunter’s Lessee, 1816; McCulloch v. Maryland, 1819; President Andrew Jackson Defies the Supreme Court and Vetoes the Bank Bill, 1832.
Essays:Larry D. Kramer, Marshall, Marbury, and the Defense of Judicial Review; Sylvia Snowiss, Judicial Review and the Law of the Constitution; Timothy S. Huebner, Spencer Roane, Judicial Power, and State Sovereignty.
5. ANDREW JACKSON, NULLIFICATION, AND INDIAN REMOVAL.
Documents: South Carolinian John C. Calhoun Proposes Nullification, 1828; President Andrew Jackson Advocates Indian Removal, 1829; Cherokee Nation v. Georgia, 1831; Worcester v. Georgia, 1832; South Carolina Nullifies the Tariff, 1832; Jackson Threatens South Carolina, 1832.
Essays: Jill Norgren, Worcester and the Politics of the Nullification Crisis; Gerard N. Magliocca, Jackson, Worcester, and Generational Change.
6. ABRAHAM LINCOLN, SLAVERY, AND THE CIVIL WAR.
Documents: Abolitionist Frederick Douglass Describes the Constitution as Anti-Slavery, 1852; Dred Scott v. Sandford, 1857; The Confederacy Writes a Constitution, 1861; President Abraham Lincoln Rejects Secession and Criticizes the Supreme Court, 1861; Ex parte Merryman, 1861; Lincoln Emancipates Slaves in the Confederacy, 1863; Lincoln Defends His Suspension of the Writ of Habeas Corpus, 1863.
Essays: Daniel Farber, Lincoln’s Mixed Record on Individual Rights; James M. McPherson, Abraham Lincoln and the Transformation of American Liberty.
7. RECONSTRUCTION AND THE FOURTEENTH AMENDMENT.
Documents: Congress Debates the Fourteenth Amendment, 1866; The Slaughterhouse Cases, 1873; Bradwell v. Illinois, 1873; Minor v. Happersett, 1875; The Civil Rights Cases, 1883; Plessy v. Ferguson, 1896.
Essays: Akhil Reed Amar, Reconstruction and the Birth of the Bill of Rights; Michael Les Benedict, The Conservative Basis of Radical Reconstruction; Joan Hoff, The Supreme Court’s Denial of the Rights of Women.
8. PROTECTIVE LEGISLATION AND THE LIBERTY TO CONTRACT.
Documents: Legal Scholar Christopher G. Tiedeman Advocates a Limited Police Power, 1886; The People’s Party Announces Its Agenda for Reform, 1896; Lochner v. New York, 1905; Reformers Louis D. Brandeis and Josephine Goldmark Document the Hardships Faced by Women Industrial Workers, 1908; Muller v. Oregon, 1908; Legal Scholar Roscoe Pound Criticizes the Liberty to Contract, 1909; Adkins v. Children’s Hospital, 1923.
Essays: Paul Kens, The Lochner Court and Judicial Conservatism; Julie Novkov, Gender, Law, and Labor in the Progressive Era.
9. TOTAL WAR AND THE EMERGENCE OF MODERN CIVIL LIBERTIES.
Documents: President Woodrow Wilson Announces Regulations Governing Alien Enemies, 1917; The Espionage Act Restricts Speech in Wartime, 1917/1918; Schenck v. United States, 1919; Legal Scholar Zechariah Chafee, Jr. Advocates Freedom of Speech, 1919; Abrams v. United States, 1919; Gitlow v. New York, 1925; Near v. Minnesota, 1931.
Essays: David M. Rabban, Oliver Wendell Holmes and the Judicial Transformation of the First Amendment; Samuel Walker, The Civil Liberties Bureau and the Origins of the Fight for Free Speech.
10. FRANKLIN ROOSEVELT, THE DEPRESSION, AND THE NEW DEAL.
Documents: The National Recovery Act Attempts to Bring the Nation Out of the Depression, 1933; The Agricultural Adjustment Act Provides Subsidies for Farmers, 1933; Schechter v. United States, 1935; United States v. Butler, 1936; President Franklin D. Roosevelt Advocates Judicial Reform, 1937; National Labor Relations Board v. Jones and Laughlin Steel Corporation, 1937; West Coast Hotel v. Parrish, 1937.
Essays: Jim Powell, The ’Four Horsemen’ Were Right. The New Deal Was Unconstitutional; Cass R. Sunstein, The New Deal Shows the Flexibility—and Genius—of the Constitution.
11. RACE AND CIVIL RIGHTS IN THE COLD WAR ERA.
Documents: Sweatt v. Painter, 1950; An Amicus Brief Filed by the U.S. Government Urges an End to Racial Segregation, 1953; Brown v. Board of Education, I, 1954; Brown v. Board of Education, II, 1955; White Southern Members of Congress Declare Their Opposition to Brown, 1956; The Civil Rights Act Forbids Discrimination in Public Education and Employment, 1964; President Lyndon Johnson Vows to Fight Injustice and Inequality, 1965.
Essays: Derrick A. Bell, Brown Was Wrongly Decided; Kermit L. Hall, Brown Furthered the Cause of Human Rights.
12. ABORTION RIGHTS. THE UNITED STATES AND SOUTH AFRICA COMPARED
Documents: Griswold v. Connecticut, 1965; A Proposed Constitutional Amendment Promises Equal Rights for Women, 1972; Fundamentalist Pastor Jerry Falwell Denounces the ERA, 1980; Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992; South Africa’s Constitution Affirms Women’s Rights, 1996; Christian Lawyer’s Association of South Africa v. Minister of Health, 1998.
Essays: John Hart Ely, Roe v. Wade Was a Mistake; N.E.H. Hull and Peter Charles Hoffer, Roe Symbolized an Idea Whose Time Had Come.
13. FREEDOM OF AND FREEDOM FROM RELIGION.
Documents: Engel v. Vitale, 1962; President John F. Kennedy Comments on the School Prayer Decision, 1962; Lemon v. Kurtzman, 1971; Wallace v. Jaffree, 1985; Employment Division, Department of Human Resources of Oregon v. Smith, 1990; Congress Overturns Smith in the Religious Freedom Restoration Act, 1993; Zelman v. Simmons-Harris, 2002.
Essays: Leonard W. Levy, The Establishment Clause Erects a Wall of Separation; Stephen L. Carter, The Establishment Clause Was Not Meant to Establish Public Secularism.
14. FEDERALISM AND JUDICIAL REVIEW
Documents: Wickard v. Filburn, 1942; Senator Barry Goldwater Defends the Rights of the States, 1960; Heart of Atlanta Motel v. United States, 1964; Congress Protects the Victims of Gender-Motivated Violence, 1994; United States v. Lopez, 1995; Printz v. United States, 1997; United States v. Morrison, 2000.
Essays: Steven G. Calabresi, In Defense of Federalism; Catharine A. MacKinnon, Federalism and the Protection of Male Sovereignty.
15. PRESIDENTIAL POWER FROM THE COLD WAR TO THE WAR ON TERROR.
Documents: Youngstown Sheet & Tube Co. v. Sawyer, 1952; ; Congress Gives Authority to President Lyndon B. Johnson to Wage War in Vietnam, 1964; Congress Reasserts Itself in the War Powers Resolution, 1973; United States v. Nixon, 1974; Congress Authorizes President George W. Bush to Fight International Terrorism, 2001; The Justice Department Asserts that Enforcement of Federal Anti-Torture Laws Would Violate the President’s Powers as Commander-in-Chief, 2002; Hamdi v. Rumsfeld, 2004.
Essays: John Yoo, The President Possesses the Constitutional Power to Wage War on Terrorism; Peter Irons, President Bush’s War on Terrorism Has Hijacked the Constitution.
Constitution of the United States. Justices of the United States Supreme Court.