American Constitutionalism Volume I: Structures of Government

In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures.

FEATURES

Covers all important debates in U.S. constitutionalism, organized by historical era

Clearly lays out the political and legal contexts in chapter introductions

Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts

Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings

Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman

Howard Gillman is Chancellor of the University of and Professor of Law, Political Science, and History at the University of California, Irvine.

Mark A. Graber is the Jacob A. France Professor of Constitutionalism at the University of Maryland Francis King Carey School of Law.

Keith E. Whittington is William Nelson Cromwell Professor of Politics at Princeton University and Director of Graduate Studies in Politics at Princeton University.

*=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