The Complete American Constitutionalism, Volume Five, Part I: The Constitution of the Confederate States

by Mark A. Graber, Howard Gillman

Overview

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.

Product Details

ISBN-13:	9780190877514
Publisher:	Oxford University Press
Publication date:	05/09/2018
Series:	The Complete American Constitutionalism
Pages:	556
Product dimensions:	10.10(w) x 7.10(h) x 1.20(d)

About the Author

Mark A. Graber is the University System of Maryland Regents Professor at the University of Maryland's Francis King Carey School of Law. He authored many books and articles focusing on American constitutional law, development, theory, and politics. He has been the section chair of the Public Law Section of the American Political Science Association and the Constitutional Law Section of the American Association of Law Schools.

Howard Gillman is Chancellor and Professor of Political Science, History, and Law at the University of California, Irvine. He has authored many books, contributed book chapters, and articles among which include: The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence (1993); and The Votes That Counted: How the Court Decided the 2000 Presidential Election (2001). He received a number of awards for his scholarly contributions, including the C. Herman Pritchett Award for best book in the field of public law, and the American Judicature Society Award for best paper presented at a regional or national conference, both bestowed by the Law & Courts Section of the American Political Science Association. He has chaired that section and been honored by it for exceptional service and mentoring.

Table of Contents

Preface: The Banality of Confederate Constitutional Evil

I. Introduction

II. Foundations
A. Secession
B. Sources
1. The Federal Constitution and Amendments
2. State Constitutions and Amendments
3. Extra-Constitutional Sources of Authority
C. Principles
1. Jefferson Davis, Inaugural Addresses
2. Inaugural Address of the President of the Provisional Government
3. The Inaugural Address
4. Robert Barnwell Rhett, The Address of the People of South Carolina, Assembled in Convention, To the People of the Slaveholding States of the United States
5. Thomas S. Bocock, Speech on Becoming Speaker of the House
6. Alexander Stephens, Cornerstone Speech
D. Scope

III. Constitutional Authority and Judicial Power
A. Constitutional Authority
B. Judicial Structure, Section and Jurisdiction
C. Constitutional Litigation

IV. Powers
A. General Principles
B. Congressional Power over Domestic Policy
C. Congressional Power over War and Foreign Policy
D. Federal Power to Acquire and Govern Territory
E. Federal Power to Enforce Civil Rights
F. Legislative Structure, Processes, Staffing and Privileges
G. State Powers under State Constitutions

V. Federalism
A. The Status of States in the Federal Union
B. State Regulation of Commerce
C. State Sovereign Immunity and Commandeering of State Officials
D. Preemption
E. Relationships Between States

VI. Separation of Powers
A. Presidential and Foreign Policy Powers
B. Domestic Powers of the President
C. Presidential Power to Execute the Law
D. Appointment and Removal Powers
E. Delegation and Administrative Agencies

VII. Individual Rights
A. Property Rights
1. Contracts
2. Takings
3. Due Process
B. Religion
1. Establishment
2. Free Exercise
C. Guns
D. Person Freedom and Public Morality

VIII. Democratic Rights
A. Free Speech
B. Voting Rights
C. Citizenship

IX. Equality
A. Equality Under Law
B. Race
C. Gender
D. Native Americans

X. Criminal Justice
A. Due Process
B. Habeas Corpus
C. Search and Seizure
D. Investigation and Interrogations
E. Juries
F. Attorneys
G. Punishments
H. Infamous Crimes and Criminals

Bibliography

Index