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Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.
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. APPENDIX. Constitution of the United States. Justices of the United States Supreme Court.