Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence - in which Volume I covers Structures of Government and Volume II covers Rights and Liberties - this text is unique in that it presents the materialin a historical organization within each volume, as opposed to the typical issues-based organization.
This book examines the constitutional theory of a selection of authors from the fifteenth century to the early nineteenth. Focusing on major political and theorists whose work on constitutional theory has been neglected, the volume unearths an untold story of the development of constitutional thought in the context of broader political thought. Authors discussed include Fortescue, Coke, Sorell, Locke, Harrington, Hume, Blackstone, Bentham, Montesquieu, Rousseau,l'abbé de Sieyès, de Maistre, Madison, Hamilton, Jefferson, Adams, Paine, and the Levellers. The contributors to this volume come from a variety of academic backgrounds: law, history, andpolitical theory and the essays reflect the different disciplinary perspectives.
AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Each of the chapters includes an extended essay providing the legal, historical, political, and cultural contexts for the set of edited decisions from the United States Supreme Court case that follows. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation. At the same time, the authors include many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.
The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary.
The book goes on to explore and expound the Founders¿ desire to promote respect for the moral law, their appreciation of the reciprocal relationship between morality and law, andtheir commitment to the promotion of justice in the sense of impartial institutions; ideas which find expression in contractarian, constitutional political economy.
This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extracts from primary documents Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices
This study focuses primarily on the nature of "direct action" in relation to contemporary movements, and considers the role of direct action methods in past campaigns for constitutional and social rights. Boycotts, sit-ins, obstructions, civil disobedience and other unconstitutional forms of protest are examined to see whether they necessarily lead to violence. The political conditions which encourage violence and the effects of various type of violent action are also discussed. The theoretical issues raised by direct action in a parliamentary system are also discussed.