American constitutionalism. Vol. 2, Rights and liberties / Howard Gillman, Mark A. Graber, Keith E. Whittington.

Format:

Book

Author/Creator:

Gillman, Howard, author.

Graber, Mark A., author.

Whittington, Keith E., author.

Language:

English

Subjects (All):

Constitutional history--United States.

Constitutional history.

United States.

Genre:

Casebooks (Law)

Physical Description:

xxxviii, 946 pages : illustrations, map ; 26 cm

Edition:

Third edition.

Place of Publication:

New York : Oxford University Press, [2021]

Summary:

"In American Constitutionalism, Third 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 third edition has been updated through the 2020 SCOTUS session, and features upated cases, analysis, illustrations, and figures."--Back cover.

Contents:

Machine generated contents note: pt. 1 Themes

1. Introduction to Rights and Liberties in American Constitutionalism

I. Constitutional Rights

II. Connections

III. Sources

IV. Constitutional Interpretation

V. Constitutional Decision Making

VI. Constitutional Authority

VII. Scope

VIII. Constitutional History

IX. Constitutional Politics

Suggested Readings

pt. 2 Development

2. The Colonial Era: Before 1776

I. Introduction

II. Foundations

A. Sources

Constitutions and Amendments

The English Bill of Rights

B. Principles

C. Scope

III. Individual Rights

A. Property

B. Religion

Establishment

William Blackstone, Of Offences Against God and Religion

John Locke, A Letter Concerning Toleration

Roger Williams, The BloudyTenent

Free Exercise

Maryland Toleration Act

Legal Exemptions for Religious Believers

C. Guns

D. Personal Freedom and Public Morality

IV. Democratic Rights

A. Free Speech

The Zenger Trial

B. Voting

C. Citizenship

V. Equality

A. Equality Under Law

B. Race

Somerset v. Stewart

Transcript of Lord Mansfield's Judgment

C. Gender

VI. Criminal Justice

A. Due Process and Habeas Corpus

B. Search and Seizure

Entick v. Carrington

C. Interrogations

D. Juries and Lawyers

The Trial of William Penn and Bushell's Case

The Trial of William Penn

Case of the Imprisonment of Edward Bushell for Alleged Misconduct as a Juryman

E. Punishments

3. The Founding Era: 1776-1791

State Bills of Rights

Virginia Declaration of Rights

A Declaration of the Rights of the Inhabitants of Pennsylvania

The Drafting Debates over the National Bill of Rights

Records of the Federal Convention, September 12, 1787

Records of the Federal Convention, September 14, 1787

George Mason, "Objections to This Constitution of Government"

The Ratification Debates over the National Bill of Rights

The Pennsylvania Ratification Debates

The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to Their Constituents

Alexander Hamilton, The Federalist, No. 84

Thomas Jefferson and James Madison, Correspondence

The First Congress Debates the Bill of Rights

Thomas Jefferson, Declaration of Independence

Contracts

Takings and Due Process

Bayard v. Singleton

South Carolina Constitution of 1778, Section 38

The Virginia Debate over Religious Assessments

A. Bill Establishing a Provision for Teachers of the Christian Religion

James Madison, "Memorial and Remonstrance against Religious Assessments"

An Act for Establishing Religious Freedom

John Adams and Benjamin Franklin on Universal Male Suffrage

John Adams, Letter to James Sullivan

Benjamin Franklin, Queries and Remarks Respecting Alterations in the Constitution of Pennsylvania

Commonwealth v. Jennison

Thomas Jefferson, Notes on the State of Virginia

John Adams and Abigail Adams, Correspondence on Women's Rights

Abigail Adams to John Adams

John Adams to Abigail Adams

Benjamin Rush, On Punishing Murder by Death

4. The Early National Era: 1791-1828

Natural Law

Calder v. Bull

The Law of Nations

United States v. The La Jeune Eugenie

Marbury v. Madison

Fletcher v. Peck

Thomas Jefferson, Letter to the Danbury Baptists

Massachusetts Debates Test Oaths

Bliss v. Commonwealth

The Sedition Act

James Madison, Virginia Report of 1799

Massachusetts Debates Property Qualifications

The Alien Friends Act

Slavery: The Rights of Masters

Congressional Debate over the Missouri Compromise

Free Blacks

Congressional Debate over the Missouri Compromise and Black Citizenship

Amy v. Smith

Martin v. Commonwealth

D. Native Americans

Johnson v. Mcintosh

Mayo v.Wilson

C. Juries and Lawyers

United States v. Callender

5. TheJacksonian Era: 1829-1860

A. Scope

Barron v. Baltimore

Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge

Takings

Beekman v. The Saratoga and Schenectady Railroad Company

Due Process

Wynehamer v. People

State v. Buzzard

Congress Debates Incendiary Publications in the Mail

Report from the Select Committee on the Circulation of Incendiary Publications (John C. Calhoun)

Report of the Minority of the Committee on Post Offices and Post Roads on the President's Message

Virginia Debates Property Qualifications and Apportionment

Dred Scott v. Sandford

Roberts v. City of Boston

Elizabeth Cady Stanton, Keynote Address, Seneca Falls Convention

The Removal Debates

Commonwealth v. Dana

Commonwealth v. Anthes

6. The Civil War and Reconstruction: 1861-1876

Debates over the Thirteenth Amendment

Debates over the Fourteenth Amendment

B. Scope

Slaughter-House Cases

Debate over the Second Confiscation Act

Abraham Lincoln, To the Senate and House of Representatives

The Trial of Clement Vallandigham

Application for Habeas Corpus: Statement of Major General Burnside

Opening Argument of the Honorable George E. Pugh

Thomas Cooley, A Treatise of the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union

Implementing the Thirteenth Amendment

Congressional Debates over the Second Freedmen's Bureau Bill

The Proposed Second Freedmen's Bill

The Senate Debate

School Segregation

Clark v. Board of School Directors

The Senate Debates Women's Suffrage

Bradwell v. Illinois

Ex Parte Milligan

7. The Republican Era: 1877-1932

The Debate over the Nineteenth Amendment

Congressional Hearings on the Nineteenth Amendment

Woodrow Wilson, Speech on Women's Suffrage

Incorporation

Twining v. New Jersey

Extraterritoriality

Balzac v. Porto Rico

State Action

Civil Rights Cases

Mugler v. Kansas

Pennsylvania Coal Co. v.

Mahon

Lochner v. New York

Muller v.Oregon

Reynolds v. United States

Jacobson v. Commonwealth of Massachusetts

Meyer v. Nebraska

Buck v. Bell

Schenck v. United States

Whitney v. California

Near v. Minnesota

B. Citizenship

United States v. Wong Kim Ark

Yick Wo v. Hopkins

The Rise of Jim Crow

Plessy v. Ferguson

John B. Knox, Address to the Alabama Constitutional Convention

The Birth of the Civil Rights Movement

Buchanan v. Warley

Debates over the Blanket Amendment

Doris Stevens, Suffrage Does Not Give Equality

Alice Hamilton, Protection for Women Workers

Boyd v. United States

Weeks v. United States

People v. Defore

Olmstead v. United States

Powell v. Alabama

8. The New Deal/Great Society Era: 1933-1968

A. Principles

United States v. Carolene Products Co.

Duncan v. Louisiana

Shelley v. Kraemer

Jones v. Alfred H. Mayer Co.

Contents note continued: III. Individual Rights

Home Building & Loan Association v. Blaisdeil

West Coast Hotel Co. v. Parrish

Williamson v. Lee Optical, Inc.

Engel v. Vitale

Sherbert v. Verner

Skinner v. State of Oklahoma ex rel. Williamson

Perez v. Sharp

Griswold v. Connecticut

West Virginia State Board of Education v. Barnette

Dennis v. United States

New York Times Co. v. Sullivan

United States v. O'Brien

Brandenburg v. Ohio

The Right to Vote

Harper v. Virginia Board of Elections

Reapportionment

Reynolds v. Sims

The Voting Rights Acts

Congressional Reports on the Voting Rights Act of 1965

Majority Report

Minority Report

Katzenbach v. Morgan

Strict Scrutiny

Korematsu v. United States

The Road to Brown

Civil Rights Advocates Debate Strategy

W. E. B. Du Bois, Does the Negro Need Separate Schools?

Chas. H. Thompson, Court Action the Only Reasonable Alternative to Remedy Immediate Abuses of the Negro Separate School

Brown v. Board of Education of Topeka (Brown I)

Boiling v. Sharpe

Brown v. Board of Education of Topeka (Brown II)

Implementing Brown

Green v. County School Board of New Kent County

Wickersham Commission, Report on Lawlessness in Law Enforcement

Ex parte Quirin

Mapp v. Ohio

Katzv. United States

Miranda v. Arizona

Gideon v. Wainwright

9. Liberalism Divided: 1969-1980

Moose Lodge No. 107 v. Irvis

Dandridge v. Williams

Wisconsin v. Yoder

Abortion

Roe v. Wade

New York Times Co. v. United States

Campaign Finance

Buckley v. Valeo

Richardson v. Ramirez

San Antonio Independent School District v. Rodriguez

Swann v. Charlotte-Mecklenburg Board of Education

Executive and Legislative Attacks on Busing

Richard Nixon, Special Message to the Congress on Equal Educational Opportunities and School Busing

Hubert Humphrey, Senate Retreats from Equal Opportunity

Affirmative Action

Regents of the University of California v. Bakke

Racial Discrimination

Washington v. Davis

Debate over the Equal Rights Amendment

Ruth Bader Ginsburg and Brenda Feigen Fasteau, Sex Bias in the U.S. Code

Phyllis Schlafly, A Short History of E.R.A.

The Standard of Constitutional Protection

Frontiero v. Richardson

A. Interrogations

Harris v. New York

People v. Disbrow

B. Punishments

Gregg v. Georgia

pt. 3 Contemporary Issues

10. The Reagan Era: 1981-1993

Office of Legal Policy, Guidelines on Constitutional Litigation

DeShaney v. Winnebago County Department of Social Services

Lucas v. South Carolina Coastal Council

Ronald Reagan, Speech to National Religious Broadcasters

Lee v. Weisman

Employment Division v. Smith

House Committee on the Judiciary, Report on the Religious Freedom Restoration Act

Debate over the Federal Assault Weapons Ban

The Reagan Administration on Roe v. Wade

Planned Parenthood of Southeastern Pennsylvania v. Casey

Gay Rights

Bowers v. Hardwick

Advocacy

Texas v. Johnson

Public Property, Subsidies, Employees, and Schools

Rust v. Sullivan

Senate Committee on the Judiciary, Senate Report on the Voting Rights Act Amendments of 1982

Majority-Minority Districts

Shaw v. Reno

Plyler v. Doe

Rose et al. v. Council for Better Education

Freeman v. Pitts

City of Richmond v. J. A. Croson Co.

National Party Platforms on Women's Rights

Democratic Party Platform

Republican Party Platform

American Nurses Association v. State of Illinois

A. Search and Seizure

United States v. Leon

B. Interrogations

Batson v. Kentucky

D. Punishments

McCleskey v. Kemp

The First Presidential Debate

11. The Polarized Era: 1994-2008

Boumediene v. Bush

Kelo v. City of New London

Zelman v. Simmons-Harris

John Ashcroft, Letter to the National Rifle Association

District of Columbia v. Heller

Lawrence v. Texas

V. Democratic Rights

Hill v. Colorado

Bush v. Gore

Regulating Elections

Crawford v. Marion County Election Board

Romer v. Evans

Grutter V. Bollinger

Parents Involved in Community Schools v. Seattle School District No. 1

United States v. Virginia

The Antiterrorism and Effective Death Penalty Act

Congressional Debate over the AEDPA

William J. Clinton, Statement on Signing the Antiterrorism and Effective Death Penalty Act of 1996

Felker v. Turpin

Dickerson v. United States

C. Infamous Crimes and Criminals

The War on Terror

The USA Patriot Act

Senate Debate over the Patriot Act

George W. Bush, Remarks on Signing the USA Patriot Act of 2001

Hamdi v. Rumsfeld

Republican Presidential Candidates Debate Enhanced Interrogation

12. The Contemporary Era: 2008-Present

McDonald v. City of Chicago

Manhattan Community Access Network v. Halleck

Home v. Department of Agriculture

Trump v. Hawaii

Trinity Lutheran Church of Columbia

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Whole Woman's Health v. Hellerstedt

Obergefell v. Hodges

Janus v. American Federation of State, County, and Municipal Employees, Council 31

Citizens United v. Federal Election Commission

The For the People Act of 2019

Shelby County v. Holder

A. Race

Schuette v.

Coalition to Defend Affirmative Action, Integration and Immigrant Rights, and Right for Equality by Any Means Necessary

B. Gender

Women's March Agenda: 2019

The Baltimore City Police Department: Investigation and Consent Decree

U.S. Department of Justice, Civil Rights Division, Investigation of the Baltimore City Police Department

Consent Decree, United States of America v. Police Department of Baltimore City

Jefferson B. Sessions, Memorandum for Heads of Department Components and United States Attorneys

Utah v. Strieff

Carpenter v. United States

B. Juries and Lawyers

Pena-Rodriquez v. Colorado

C. Punishments

Glossip v. Gross

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.

Notes:

Includes bibliographical references and indexes.

ISBN:

9780197527641

0197527647

OCLC:

1078901349

Publisher Number:

99986142510