The Complete American Constitutionalism: Introduction and the Colonial Era: Volume One

Administrative / Constitutional Law

The Complete American Constitutionalism: Introduction and the Colonial Era: Volume One

Edited by Howard Gillman · Mark A. Graber · Keith E. Whittington
Oxford University Press USA May 2015

Specifications

ISBN-13
9780190237622
Publisher
Oxford University Press USA
Publication
May 2015
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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 volume of a projected eight volume set is entitled:

Introduction and The Colonial Era

. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience.

 

This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

Table of Contents

List of Tables, Figures, and Images
Preface

Part 1: Introduction to American Constitutionalism
I. What Is a Constitution?
II. Constitutional Purposes
III. Constitutional Interpretation and Decision Making
A. Constitutional Arguments
B. Sources of Constitutional Arguments
C. The Politics of Constitutional Argument
IV. Constitutional Authority
V. Constitutional Change
VI. Constitutional Politics and Law
Bibliography

Part 2: The Colonial Era: Before 1776
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
III. Constitutional Authority and Judicial Power
A. Constitutional Authority
B. Judicial Selection, Structure and Jurisdiction
C. Constitutional Litigation
IV. Powers
A. General Principles
B. Congressional (Parliamentary) Power over Domestic Policy
C. Congressional (Parliamentary Power over Foreign Policy
D. Congressional (Parliamentary) Power to Acquire and Govern Territory
E. Powers and Rights of Members of Congress (Parliament), Observers, and Congressional (Parliamentary) Committees
F. State (Colonial) Powers under State Constitutions (Colonial Charters)
V. Federalism
A. The Status of States (Colonies) in the Federal Union (British Empire)
B. State (Colonial) Sovereign Immunity and Commandeering
C. Preemption
D. Relationships between States (Colonies)
VI. Separation of Powers
A. General Principles
B. Presidential (Royal) War and Foreign Policy Powers
C. Domestic Powers of the President (Monarch)
D. Presidential (Royal) Power to Execute the Law
E. Appointment and Removal Powers
F. Executive Privileges, Immunities and Impeachment
VII. Individual Rights
A. Property
B. Religion
C. Guns
D. Personal Freedom and Public Morality
E. Positive Rights
VIII. Democratic Rights
A. Free Speech
B. Voting
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. Interrogations
E. Juries
F. Lawyers
G. Punishments
Bibliography
Appendix: Constitution of the United States
Index

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