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Preface | xvii | |
Part 1. | The Constitution's Deep Roots | 1 |
The Meaning of Constitutional Government | 2 | |
The Lamp of Experience | 10 | |
The Constitutions of Antiquity | 14 | |
English Origins of America's Constitution | 22 | |
The Growth of Parliament | 26 | |
The Challenge of Parliamentary Supremacy | 28 | |
The Common Law Tradition | 32 | |
The Republican Tradition and the Struggle for Constitutional Liberty | 39 | |
The Influence of Continental Thinkers | 47 | |
The Education of the Founders | 49 | |
The French and American Revolutions Compared | 52 | |
Suggested Reading | 60 | |
Appendix A. | Relevant Chapters of Magna Charta (1215) | 63 |
Appendix B. | Petition of Right (1628) | 75 |
Appendix C. | The English Bill of Rights (1689) | 80 |
Part 2. | America's First Constitutions and Declarations of Rights | 89 |
Colonial Governments | 92 | |
Relations with Great Britain | 103 | |
Local Government in the Colonies | 107 | |
Civil Liberties in the Colonies | 108 | |
The Movement Toward Independence | 111 | |
The Declaration of Independence | 121 | |
The Rights Proclaimed | 137 | |
The First State Constitutions, 1776-1783 | 141 | |
The Articles of Confederation | 152 | |
Suggested Reading | 164 | |
Appendix A. | The Mayflower Compact | 167 |
Appendix B. | Fundamental Orders of Connecticut | 168 |
Appendix C. | Declaration and Resolves of the First Continental Congress | 171 |
Appendix D. | Declaration of the Causes and Necessity of Taking Up Arms | 176 |
Appendix E. | The Declaration of Independence (1776) | 183 |
Appendix F. | Virginia Bill of Rights | 188 |
Appendix G. | Thoughts on Government | 191 |
Appendix H. | Massachusetts Constitution of 1780 | 199 |
Appendix I. | Articles of Confederation (1778) | 230 |
Part 3. | The Achievement of the Philadelphia Convention | 241 |
The Problems of the Convention | 242 | |
The Delegates to the Convention | 246 | |
A Wide Range of Talents | 248 | |
Plans and Progress at Philadelphia | 253 | |
The Meaning of "Federal" | 255 | |
The Virginia Plan: A Supreme National Government | 257 | |
Hamilton's Concept of a Unified America | 259 | |
The New Jersey Plan: Checks upon Central Power | 262 | |
The Benefits of Compromise | 263 | |
Compromise and Consensus | 269 | |
Suggested Reading | 273 | |
Appendix A. | Virginia Plan | 275 |
Appendix B. | New Jersey Plan | 278 |
Appendix C. | Constitution of the United States of America (1787) | 281 |
Part 4. | Basic Constitutional Concepts: Federalism, Separation of Powers, and Rule of Law | 295 |
A. | Federalism | 297 |
Powers Delegated to Congress | 299 | |
Powers Denied to Congress | 300 | |
Powers Denied to the States | 301 | |
The Division of Powers | 302 | |
The Supremacy Clause | 306 | |
National and State Obligations | 307 | |
Obligations of the National Government to the States | 308 | |
Obligations of the States to the National Government | 309 | |
Obligations of the States to Each Other | 309 | |
The Role of the States in the Amendment Process | 310 | |
The Federalism Factor | 311 | |
The Advantages of Federalism | 316 | |
The Future of Federalism | 321 | |
B. | The Separation of Powers | 327 |
Checks and Balances | 331 | |
Checks upon the Congress | 332 | |
Checks upon the President | 333 | |
Checks upon the Judiciary | 333 | |
The Independence of Congress | 334 | |
The Independence of the President | 334 | |
The Independence of the Judiciary | 335 | |
Summary and Review | 335 | |
Separation of Powers: A Critical Evaluation | 337 | |
Separation of Powers at the Crossroads | 341 | |
C. | The Rule of Law | 347 |
The Basic Principles of the American Constitution | 351 | |
Suggested Reading | 354 | |
Appendix A. | The Federalist No. 10 | 357 |
Appendix B. | The Federalist No. 45 | 365 |
Appendix C. | The Federalist No. 47 | 371 |
Part 5. | Defending the Constitution: The Struggle over Ratification and the Bill of Rights | 381 |
A. | The Anti-Federalist Persuasion | 385 |
The Constitution Establishes a Consolidated Empire | 385 | |
The Constitution Establishes an Aristocracy | 386 | |
The Constitution Confers Too Much Power | 389 | |
An Imperial Congress | 389 | |
An Elected Monarch | 390 | |
An Omnipotent Judiciary | 391 | |
B. | The Federalist Response | 392 |
The Constitution Limits and Distributes Power | 393 | |
Congress Is Not an Oligarchy | 398 | |
The President Is Not a King | 400 | |
The Judiciary Is the Least Dangerous Branch | 400 | |
Whether a Bill of Rights Was Necessary | 401 | |
The Clash of Values | 403 | |
C. | The Bill of Rights | 409 |
Amendment 1 | Religious Freedom, and Freedom to Speak, Print, Assemble, and Petition | 415 |
Amendment 2 | The Right to Bear Arms | 419 |
Amendment 3 | Quartering Troops | 419 |
Amendment 4 | Search and Seizure | 420 |
Amendment 5 | Rights of Persons | 420 |
Amendment 6 | Rights of the Accused | 421 |
Amendment 7 | Trial by Jury in Civil Cases | 422 |
Amendment 8 | Bail and Cruel and Unusual Punishments | 422 |
Amendment 9 | Rights Retained by the People | 423 |
Amendment 10 | Rights Retained by the States | 425 |
Rights Versus Duties | 426 | |
Suggested Reading | 427 | |
Appendix A. | The Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to Their Constituents | 429 |
Appendix B. | Northwest Ordinance (1787) | 454 |
Part 6. | Interpreting and Preserving the Constitution | 463 |
Principles of Statutory Construction | 465 | |
The Doctrine of Judicial Review | 476 | |
The Supreme Court as Final Interpreter | 486 | |
The States as Final Interpreters | 490 | |
Strict Versus Loose Construction | 495 | |
The Independence of the Judiciary | 500 | |
A. | Origins of Judicial Independence | 501 |
B. | The Judicial Power | 508 |
C. | Jurisdiction | 511 |
Suggested Reading | 516 | |
Appendix A. | Marbury v. Madison | 519 |
Appendix B. | Martin v. Hunter's Lessee | 526 |
Appendix C. | Washington's Farewell Address (1796) | 533 |
Part 7. | Changing the Constitution--Together with an Explanation of the Amendments Added Since 1791 | 551 |
Our Living Constitution | 552 | |
Our Changing Constitution | 556 | |
Amending the Constitution | 560 | |
The Limits of the Amending Power | 563 | |
The Amended Constitution | 566 | |
A. | Amendment XI (1798) | 566 |
B. | Amendment XII (1804) | 567 |
C. | Amendment XIII (1865) | 569 |
D. | Amendment XIV (1868) | 570 |
E. | Amendment XV (1870) | 575 |
F. | Amendment XVI (1913) | 577 |
G. | Amendment XVII (1913) | 578 |
H. | Amendment XVIII (1919) | 582 |
I. | Amendment XIX (1920) | 583 |
J. | Amendment XX (1933) | 583 |
K. | Amendment XXI (1933) | 585 |
L. | Amendment XXII (1951) | 585 |
M. | Amendment XXIII (1961) | 586 |
N. | Amendment XXIV (1964) | 587 |
O. | Amendment XXV (1967) | 587 |
P. | Amendment XXVI (1971) | 589 |
Q. | Amendment XXVII (1992) | 590 |
Conclusion | 594 | |
Suggested Reading | 600 | |
Index | 603 |
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