Our Constitution: Landmark Interpretations of America's Governing Document [NOOK Book]

Overview

Our Constitution is a straightforward and objective volume setting forth the text of the Constitution of the United States and the most important interpretations of that document by the U.S. Supreme Court and by other actors in our constitutional system. It focuses on the most important interpretations of the Constitution -- those that have shaped our understandings of the Constitution and been of greatest historical consequence and enduring significance for the nation. The emphasis is on what has proven to be ...
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Our Constitution: Landmark Interpretations of America's Governing Document

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Overview

Our Constitution is a straightforward and objective volume setting forth the text of the Constitution of the United States and the most important interpretations of that document by the U.S. Supreme Court and by other actors in our constitutional system. It focuses on the most important interpretations of the Constitution -- those that have shaped our understandings of the Constitution and been of greatest historical consequence and enduring significance for the nation. The emphasis is on what has proven to be foundational, historic, or enduring, not on right and wrong. This is not a work of commentary. It leaves entirely to the reader the task of evaluating the merits of the interpretations. The cases and other documents are presented here, unadorned -- and uncorrupted -- by critical commentary. They are edited into as concise a form as possible, to make them accessible to general readers interested in America┼│ Constitution.
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Product Details

  • ISBN-13: 9780985721527
  • Publisher: The Federalist Society
  • Publication date: 4/22/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 3 MB

Meet the Author

Michael Paulsen, a distinguished University Chair and Professor at the University of St. Thomas School of Law, is one of the nation's leading scholars on constitutional interpretation. Founded in 1982, the Federalist Society for Law & Public Policy Studies is a group of conservatives and libertarians dedicated to reforming the current legal order. We are committed to the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks to promote awareness of these principles.
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Table of Contents

Preface xi

Acknowledgments xiii

A Note on the Editing of Cases and Documents xv

The Constitution of the United States of America xvii

On the Nature and Structure of the National Government (1787-1793)

Excerpts from the Federalist 3

No. 1 Alexander Hamilton

No. 39 James Madison

No. 47 James Madison

No. 48 James Madison

No. 51 James Madison

No. 78 Alexander Hamilton

On the Extent of "Legislative Powers Herein Granted" 17

Opinion on the Constitutionality of a National Bank Thomas Jefferson

Opinion on the Constitutionality of a National Bank Alexander Hamilton

On the Nature of "the Executive Power" Pacificus No. 1 Alexander Hamilton 23

On the Power of Constitutional Interpretation and "Constitutional Review" (1798-1819)

The Virginia and Kentucky Resolutions and the 'Report of 1800' 29

The Virginia Resolutions of 1798 James Madison

The Kentucky Resolutions of 1798: Original Draft Thomas Jefferson

Report on the Virginia Resolutions: House of Delegates, Session of 1799-1800 James Madison

Marbury v. Madison 36

Thomas Jefferson on the Executive Power of Constitutional Interpretation 43

Letter to Abigail Adams Thomas Jefferson

Letter to Judge Spencer Roane Thomas Jefferson

On the Powers of Government, the Rights of Individuals, and Federalism (1819-1833)

McCulloch v. Maryland 49

Bank of the United States Veto Message and Proclamation Concerning Nullification Andrew Jackson 61

Barron v. Baltimore 71

The Crisis: Slavery, Secession, and Civil War (1857-1866)

Dred Scott v. Sandford and Lincoln's Response 79

Dred Scott v. Sandford

Speech on the Dred Scott Decision Abraham Lincoln

Judah Benjamin's Speech in Congress Judah Benjamin 98

Lincoln's First Inaugural Address Abraham Lincoln 101

Lincoln as Commander in Chief: Executive Military Orders 111

Letter to Winfield Scott Abraham Lincoln

Proclamation Suspending the Writ of Habeas Corpus Abraham Lincoln

Proclamation Suspending the Writ of Habeas Corpus Throughout the United States Abraham Lincoln

Emancipation Proclamation Abraham Lincoln

Order of Retaliation Abraham Lincoln

Taney & Lincoln on the Suspension of Habeas Corpus 117

Ex parte Merryman

Special Message to Congress Abraham Lincoln

The Constitutional Debate on the Emancipation Proclamation 125

Executive Power Benjamin Curtis

Letter to James C. Conkling Abraham Lincoln

The Prize Cases 128

Military Arrests, Detentions, and Trials During the Civil War 134

Letter to Erastus Corning and Others Abraham Lincoln

Ex parte Milligan

The Reconstruction Amendments (1866-1883)

Speech Introducing the Proposed Fourteenth Amendment Jacob Howard 145

The Slaughterhouse Cases 153

Bradwell v. Illinois and Minor v. Happersett 165

Strauder v. West Virginia 172

The Civil Rights Cases 176

From Reconstruction to the New Deal (1879-1919)

Reynolds v. United States 187

Plessy v. Ferguson 192

Lochner v. New York 198

Schenck v. United States and United States v. Debs 202

The New Deal, World War II, and the Cold War (1937-1952)

The New Deal "Revolution" 209

West Coast Hotel Co. v. Parrish

National Labor Relations Board v. Jones & Laughlin Steel

United States v. Darby

Wickard v. Filburn

United States v. Carolene Products Co. 224

Minersville School District v. Gobitis and West Virginia State Board of Education v. Barnette 227

Ex parte Quirin AND Korematsu v. United States 238

Youngstown Sheet & Tube Co. v. Sawyer 254

The Modern Era (1954-2012)

Race and Sex 267

Brown v. Board of Education

Loving v. Virginia

Grutter v. Bollinger

Craig v. Boren

Equal Protection and Voting Rights 285

Baker v. Carr

Reynolds v. Sims

Harper v. Virginia Board of Elections

Bush v. Gore

The First Amendment 298

Cohen v. California

Brandenburg v. Ohio

United States v. O'Brien

Texas v. Johnson

The Pentagon Papers Case: New York Times Co. v. United States

New York Times Co. v. Sullivan

Engel v. Vitale

Widmar v. Vincent

Employment Division v. Smith

The Second Amendment 331

McDonald v. City of Chicago

Criminal Law 340

Miranda v. Arizona

Modern Civil Rights Legislation 346

Heart of Atlanta Motel v. United States

Jones v. Alfred H. Mayer Co.

City of Boerne v. Flores

"Substantive Due Process" and "Privacy" Rights. 358

Griswold v. Connecticut

Roe v. Wade

Planned Parenthood v. Casey

Lawrence v. Texas

Presidential Autonomy and Authority 388

United States v. Nixon

Morrison v. Olson

War Powers 401

The War Powers Resolution of 1973

Statement Vetoing the War Powers Resolution Richard Nixon

Authorization for Use of Military Force

Hamdi v. Rumsfeld

Boumediene v. Bush

Federalism and Enumerated Powers 421

United States v. Lopez

National Federation of Independent Business v. Sebelius

Appendix A

The 101 Most Significant Supreme Court Interpretations of the Constitution 445

Bibliography 459

Index 463

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