American Constitutional History E-Book

Jack Fruchtman

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Sprache: Englisch

Seitenzahl: 500

Veröffentlichungsjahr: 2016

Beschreibung

American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science.

• Presents readers with a brief and accessible introduction to more than two centuries of U.S. constitutional history
• Explores constitutional history chronologically, breaking U.S. history into five distinct periods
• Reveals the full sweep of constitutional changes through a focus on issues relating to economic developments, civil rights and civil liberties, and executive power
• Reflects the evolution of constitutional changes all the way up to the conclusion of the June 2015 Supreme Court term

Leseprobe

Table of Contents

Cover

Title Page

Acknowledgments

Prologue

Structure of the Book

Part 1: The New Republic, 1781–1828

1 Ideological Origins of the New Republic

The Articles of Confederation and the Constitutional Convention

Ratification and the Bill of Rights

2 Representative and Constitutional Democracy

Judicial Review, Judicial Duty

Economic Policy in the New Republic

3 Nationalization of the Constitution and Executive Power

Part 2: The Slave Republic, 1789–1877

4 Commerce, Nullification, and Slavery

Other Economic Rulings

The Nullification Controversy

Dred Scott

5 Civil War and Reconstruction

Lincoln and War

Reconstruction

6 Rights and Privileges

Privileges and Immunities

Women’s Rights

Persecution of Newly Freed Slaves

Part 3: The Free Market Republic, 1877–1937

7 The Development of Substantive Due Process

Procedural Due Process

Substantive Due Process

Restraint of Trade in the Free Market Era

Liberty of Contract

Regulating Industry

The Great Depression

8 Civil Rights After Reconstruction

Equality and African-Americans

Parents and Educational Rights

The Right to be Let Alone

9 The Re-emergence of Executive Power

Leadership and the Presidency

America and World War I

Criminal Anarchy and Criminal Syndicalism in the 1920s

Part 4: The Welfare State Republic, 1937–1995

10 Advocates and Enemies of Social Welfare

The Court Changes

New Social Welfare Programs

11 The Growth of Civil Liberties

Free Expression

Free Press

Religious Establishments

Criminal Suspects and Capital Punishment

Privacy

12 The Civil Rights Movement

School Desegregation

Civil and Voting Rights

Strict Scrutiny and Affirmative Action in Higher Education

Affirmative Action in Government Contracts

Women’s Rights and Affirmative Action

13 Expanding Presidential Power

Presidential Power and Japanese Internments

Military Tribunals

Vietnam and its Aftermath

Re-emergence of a Powerful Executive

Part 5: The Contemporary Republic, 1995–2013

14 Federal Commerce Power and Economic Regulation

Narrowing Federal Commerce Power

Health-care Reform

15 Rights, Liberties, and Judicial Doctrines

Affirmative Action and Education

Campaign Finance

The Right to Bear Arms

Capital Punishment

The Right to Privacy

Religious Establishments

16 Executive Authority and Terrorism

Protecting America in an Era of Terrorism

Wars in Afghanistan and Iraq

Executive Power Under Barack Obama

Epilogue

Government and the Economy

Government and Individual and Civil Rights

Executive Power

A Republic if you can Keep it

Bibliography

Prologue

Part 1: The New Republic, 1781–1828

Part 2: The Slave Republic, 1789–1877

Part 3: The Free Market Republic, 1877–1937

Part 4: The Welfare State Republic, 1937–1995

Part 5: The Contemporary Republic, 1995–2013

Epilogue

Index

End User License Agreement

Guide

Cover

Table of Contents

Begin Reading

Pages

ii

iii

iv

v

xi

xii

xiv

xv

xvi

xvii

xviii

1

2

4

5

6

7

9

10

11

12

16

17

18

19

20

21

13

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

266

267

268

269

270

271

272

273

274

275

276

277

278

279

Also by Jack Fruchtman

Author

The Supreme Court: Rulings on American Government and Society

The Political Philosophy of Thomas Paine.

Atlantic Cousins: Benjamin Franklin and His Visionary Circle

Thomas Paine: Apostle of Freedom.

Thomas Paine and the Religion of Nature

The Apocalyptic Politics of Richard Price and Joseph Priestley

Editor

Common Sense, Rights of Man, and Other Essential Writings of Thomas Paine

A Life in Jewish Education: Essays in Honor of Louis L. Kaplan

Britain in the Hanoverian Age, 1714–1837: An Encyclopedia (co-editor)

An Eye-Witness Account of the French Revolution by Helen Maria Williams: Letters Containing a Sketch of the Politics of France

American Constitutional History

A Brief Introduction

Jack Fruchtman

This edition first published 2016© 2016 John Wiley & Sons, Inc.

Registered OfficeJohn Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK

Editorial Offices350 Main Street, Malden, MA 02148-5020, USA9600 Garsington Road, Oxford, OX4 2DQ, UKThe Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK

For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley-blackwell.

The right of Jack Fruchtman to be identified as the author of this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher.

Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books.

Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book.

Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. It is sold on the understanding that the publisher is not engaged in rendering professional services and neither the publisher nor the author shall be liable for damages arising herefrom. If professional advice or other expert assistance is required, the services of a competent professional should be sought.

Library of Congress Cataloging-in-Publication data applied for

9781119141723 (hardback)9781119141754 (paperback)

A catalogue record for this book is available from the British Library.

Cover image: Arda Guldogan/Getty

For Clara, Juliette, Sophia, Elsa, and Nicholas

Acknowledgments

Five political scientists and historians have inspired the organization of this book as revealing how the Constitution evolved through a series of republics. None of them have developed the idea of six republics. Bruce Ackerman, who is also a law professor, Stephen Skowronek, Theodore Lowi, Richard Cortner, and Michael Lind have all argued that while the Constitution is virtually unchanged since the ratification of the Bill of Rights in 1791, the document did indeed evolve through distinct periods. I am grateful to them for their observations and analyses, which have informed my own thinking but which also differs from theirs in many respects.

I wish to thank Dean Terry A. Cooney of the College of Liberal Arts and Provost Timothy Chandler, both of Towson University, for granting me a year-long sabbatical to work on and complete the manuscript. Discussions about American constitutional history have been invaluable to me as I formulated my thinking about the Constitution’s evolution. In particular, I thank my colleagues Cynthia Cates, H. George Hahn, and Richard Vatz for raising questions and stimulating debate about the Constitution. In addition, I will always be indebted to John Pocock and J. Woodford Howard Jr. of the Johns Hopkins University whose work has long been a model to all who write history. In addition, I would like to recognize Stephens Broening, Herbert Goldman, Xerxes Mehta, and Judge Allen Schwait for engaging me in conversation and debate over the years about the nature and meaning of the Constitution.

I also appreciate the support that John Wiley & Sons have given me, especially my editor Peter Coveney who supported this project and Jan East who edited it. I am grateful to the three anonymous reviewers of my manuscript, whose observations helped make the book more accessible to readers. Finally, I could not have completed this work without the support and devotion of my wife, JoAnn, whose lifelong companionship has been invaluable. All errors are of course my own.