Topical Outline of Volume I
Preface
Part One: Themes
1. Introduction to American Constitutionalism
I. What is a Constitution?
II. Constitutional Purposes
III. Constitutional Interpretation and Decision Making
IV. Constitutional Authority
V. Constitutional Change
VI. Constitutional Politics and Law
Suggested Readings
Part Two: Development
2. The Colonial Era, Before 1776
I. Introduction
II. Judicial Power and Constitutional Authority
William Blackstone, Commentaries on the Laws of England
Massachusetts Assembly Memorial
John Dickinson, Letters from a Farmer in Pennsylvania
III. Powers of the National Government
Thomas Whately, The Regulations Lately Made
Daniel Dulany, Considerations of the Propriety of Imposing Taxes in the British Colonies
IV. Separation of Powers
Richard Jackson, An Historical Review of the Constitution and Government of Pennsylvania
Boston List of Infringements
The Declaration of Independence
Suggested readings
3. The Founding Era, 1776-1788
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Review
An Elector, [James Iredell], To the Public
Richard Dobbs Spaight, Letter to James Iredell
James Iredell, Letter to Richard Dobbs Spaight
Brutus No. 11
Brutus No. 12
The Federalist No. 78
B. The Absence of a Bill of Rights
James Wilson, State House Yard Speech
The Federalist No. 84
III. Powers of the National Government
Articles of Confederation
The Virginia Plan
The New Jersey Plan
Debate in the Constitutional Convention
Article I, Section 8 of the Constitution of the United States
Samuel Adams, Letter to Richard Henry Lee
The Federalist No. 1
The Federalist No. 10
The Federalist No. 23
Note: Slavery and the Constitution
IV. Federalism
A. Representation of State Interests
Debate in the Constitutional Convention
The Federalist No. 46
Melancton Smith, Speech to the New York Ratification Convention
B. Constitutional Amendment and Ratification
Thomas Jefferson, Notes on the State of Virginia
V. Separation of Powers
Debate in the Constitutional Convention
The Federalist No. 51
The Federalist No. 70
The Federalist No. 71
Centinel, Letter No. 1
Suggested Readings
4. The Early National Era, 1789-1828
I. Introduction
Alexander Hamilton, Report on Manufacturers
Thomas Jefferson, First Inaugural Address
II. Judicial Power and Constitutional Authority
A. Judicial Structure and Selection
Senate Debate on the Repeal Act of 1802
B. Judicial Review
Calder v. Bull
Marbury v. Madison
C. Judicial Supremacy
Thomas Jefferson on Departmentalism
D. Federal Review of the States
Martin v. Hunter's Lessee
III. Powers of the National Government
A. General Principles
Note: Strict Construction
B. Necessary and Proper Clause
Debate on the Bank of the United States
House Debate on the Bank
Thomas Jefferson, Opinion on the Constitutionality of the Bill for Establishing a National Bank
Alexander Hamilton, Opinion as to the Constitutionality of the Bank of the United States
McCulloch v. Maryland
Spencer Roane and John Marshall on McCulloch v. Maryland
Debate on the Military Draft
James Monroe, Proposal for a Military Draft
Daniel Webster, Speech on the Proposed Draft
C. Territorial Acquisition and Governance
Senate Debate on the Louisiana Purchase
House Debate on the Missouri Compromise
D. Power to Regulate Commerce
United States v. The William
Josiah Quincy, Speech on Foreign Relations
Gibbons v. Ogden
E. Taxing and Spending Power
House Report on Internal Improvements
James Monroe, Views of the President of the United States on the Subject of Internal Improvements
IV. Federalism
A. Sovereign Immunity
Chisholm v. Georgia
Note: The Passage of the Eleventh Amendment
B. State Authority to Interpret the Constitution
Virginia and Kentucky Resolutions of 1798
Rhode Island Resolutions of 1799
V. Separation of Powers
A. General Principles
Note: The Power to Act beyond the Constitution
B. Appointment and Removal Powers
House Debate on Removal of Executive Officers
C. Presidential War and Foreign Affairs Powers
Alexander Hamilton, Pacifus No. 1
James Madison, Helvidius No. 1
D. Executive Privilege
House Debate on the Jay Treaty
George Washington, Response to the House on the Jay Treaty
James Madison, Response to the President's Message
E. Legislative Powers of the President
Note: The Veto Power and the Legislative Role of the President
F. Presidential Power to Execute the Law
William Wirt, Opinion on the President and Accounting Officers
G. Elections and Political Parties
Note: The Constitution and the Election of 1800
Suggested Readings
5. Jacksonian Era, 1829-1860
I. Introduction
The Democratic Review, Introductory Statement
John Quincy Adams, First Annual Message
II. Judicial Power and Constitutional Authority
A. Judicial Structure and Selection
Note: Jacksonians Reorganize the Federal Judiciary
Debate in the Ohio Constitutional Convention
B. Judicial Review
Eakin v. Raub
C. Federal Review of the States
Ableman v. Booth
D. Constitutional Litigation
Luther v. Borden
III. Powers of the National Government
A. Necessary and Proper Clause
Andrew Jackson, Bank Veto Message
B. Taxing and Spending Power
James Polk, Internal Improvements Veto Message
C. Fugitive Slave Clause
Salmon Chase, Speech in the Case of the Colored Woman Matilda
Prigg v. Pennsylvania
John Crittenden, Opinion on the Fugitive Slave Bill
D. Territorial Acquisition and Governance
Congressional Debate on the Annexation of Texas
Dred Scott v. Sandford
Abraham Lincoln, Speech on Slavery in the Territories
IV. Federalism
A. States and the Commerce Clause
Willson v. Blackbird Creek Marsh Co.
City of New York v. Miln
Cooley v. Board of Wardens of the Port of Philadelphia
B. State Authority to Interpret the Constitution
John C. Calhoun, Fort Hill Address
Andrew Jackson, Proclamation on Nullification
C. States and Native American Sovereignty
Worcester v. Georgia
V. Separation of Powers
A. Presidential Power to Execute the Law
The Debate over the Removal of Deposits
Andrew Jackson, Paper on the Removal of Deposits
Henry Clay, Speech on the Removal of the Deposits
Andrew Jackson, Protest of the Censure Resolution
B. Impeaching and Censuring the President
Note: The Censure of Andrew Jackson
C. Presidential War and Foreign Affairs Powers
James Polk, Second Annual Message
House Debate on the Constitutionality of the Mexican War
D. Appointment and Removal Powers
Field v. People of the State of Illinois, ex rel. McClernand
E. Legislative Powers of the President
William Henry Harrison, Inaugural Address
House Debate on the Veto Power
Suggested Readings
CASE STUDY: The Colored Seamen Acts
6. Secession, Civil War and Reconstruction, 1861-1876
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Structure and Selection
Note: The Republicans Reorganize the Judiciary
B. Judicial Supremacy
Lincoln on Departmentalism
C. Constitutional Litigation
Mississippi v. Johnson
Ex parte McCardle
III. Powers of the National Government
A. Necessary and Proper Clause
Congressional Debate on Conscription Bill
Chief Justice Taney, Draft Opinion on the Conscription Law
Legal Tender
Congressional Debate on Legal Tender Bill
Hepburn v. Griswold
Legal Tender Cases
B. Constitutional Adequacy
Sidney George Fisher, The Trial of the Constitution
Timothy Farrar, Adequacy of the Constitution
C. Federal Power to Enforce Civil Rights
Senate Debate over the Civil Rights Act of 1866
Civil Rights Act of 1866
IV. Federalism
A. Secession
South Carolina Ordinance of Secession
Jeremiah Black, Opinion on the Power of the President in Executing the Laws
Abraham Lincoln, First Inaugural Address
B. Federalism during the Civil War
Federalism in the North
Note: The Creation of West Virginia
Federalism in the South
C. The Status of the Southern States During Reconstruction
William T. Sherman, Memorandum
Andrew Johnson, First Annual Message
Henry Winter Davis, No Peace Before Victory
Charles Sumner, State Rebellion, State Suicide
Thaddeus Stevens, Speech on Reconstruction
Texas v. White
D. Constitutional Amendment and Ratification
Note: The Validity of the Fourteenth Amendment
V. Separation of Powers
A. General Principles
Abraham Lincoln, Fourth of July Message to Congress
B. Martial Law and Habeas Corpus
Ex parte Merryman
Edward Bates, Opinion on the Suspension of Habeas Corpus
Habeas Corpus Act of 1863
C. Presidential War and Foreign Affairs Powers
Abraham Lincoln, Emancipation Proclamation
Benjamin Curtis, Executive Power
The Prize Cases
D. Impeaching and Censuring the President
Note: The Impeachment of Andrew Johnson
Suggested Readings
7. The Republican Era, 1877-1932
I. Introduction
David J. Brewer, The Nation's Safeguard
Woodrow Wilson, The Meaning of Democracy
II. Judicial Power and Constitutional Authority
A. Judicial Review
Slaughter-House Cases
Stephen Field, The Centenary of the Supreme Court of the United States
James Bradley Thayer, Origin and Scope of the American Doctrine of Constitutional Law
Lochner v. New York
Theodore Roosevelt, A Charter of Democracy
William Howard Taft, Veto of Arizona Statehood
B. Federal Review of the States
Hurtado v. California
C. Constitutional Litigation
Frothingham v. Mellon
III. Powers of the National Government
A. Federal Power to Enforce Civil Rights
Note: From the Civil Rights Act to the Civil Rights Cases
Civil Rights Cases
Congressional Debate on Lynching
B. Power to Regulate Commerce
Senate Debates on Sherman Anti-Trust Act
United States v. E.C. Knight Company
In re Debs
Note: Federalism, the Sherman Act, and the Unions
Champion v. Ames
Hammer v. Dagenhart
C. Taxing and Spending Power
Pollock v. Farmers' Loan and Trust Co. I
Pollock v. Farmers' Loan and Trust Co. II
Bailey v. Drexel Furniture Company
D. Treaty Power
Missouri v. Holland
E. Necessary and Proper Clause
Selective Service Law Cases
F. Territorial Acquisition and Governance
Insular Cases
IV. Federalism
A. States and the Commerce Clause
Wabash, St. Louis & Pacific Railroad v. Illinois
B. Police Powers
Thomas Cooley, Constitutional Limitations
Munn v. Illinois
C. Representation of State Interests
George F. Hoar, Direct Elections of Senators
D. Constitutional Amendment and Ratification
J. Allen Smith, The Spirit of American Government
V. Separation of Powers
A. Appointment and Removal Power
Myers v. United States
B. Inherent Presidential Power
In re Neagle
Presidents on Presidential Power
Grover Cleveland, The Independence of the Executive
Theodore Roosevelt, An Autobiography
William Howard Taft, Our Chief Magistrate and His Powers
Woodrow Wilson, Constitutional Government in the United States
C. Nondelegation of Legislative Power
J.W. Hampton, Jr. & Co. v. United States
D. Elections and Political Parties
Note: Crisis of 1876 and the Electoral Counts Act
Suggested Readings
8. The New Deal and Great Society Era, 1933-1968
I. Introduction
Franklin Roosevelt, Commonwealth Club Address
Dwight Eisenhower, Letter to Edgar Eisenhower
II. Judicial Power and Constitutional Authority
A. Judicial Review
United States v. Carolene Products
B. Judicial Supremacy
Franklin Roosevelt, Undelivered Gold-Clause Cases Speech
Franklin Roosevelt, Court-Packing Plan Speech
Senate Report on Court-Packing Plan
The Southern Manifesto
Dwight Eisenhower, Comments on Little Rock
Cooper v. Aaron
Note: Court-curbing and the Warren Court
C. Constitutional Litigation
Note: Declaratory Judgments
Flast v. Cohen
Baker v. Carr
D. Federal Review of the States
Note: The Incorporation of the Bill of Rights
III. Powers of the National Government
A. Power to Regulate Commerce
Schechter Poultry Corp. v. United States
Carter v. Carter Coal Co.
National Labor Relations Board v. Jones & Laughlin Steel Corp.
United States v. Darby
Wickard v. Filburn
Robert Jackson, Memo on Wickard
B. Federal Power to Enforce Civil Rights
Congressional Debate over Civil Rights Act of 1964
Heart of Atlanta Motel, Inc. v. United States
South Carolina v. Katzenbach
C. Taxing and Spending Power
United States v. Butler
Steward Machine Co. v. Davis
IV. Federalism
V. Separation of Powers
A. General Principles
Youngstown Sheet & Tube Co. v. Sawyer
B. Appointment and Removal Powers
Humphrey's Executor v. United States
C. Nondelegation of Legislative Powers
Panama Refining Co. v. Ryan
Schechter Poultry Corp. v. United States
United States v. Curtiss-Wright Export Corp.
D. Presidential War and Foreign Affairs Powers
Korematsu v. United States
E. Legislative Investigation Powers
Watkins v. United States
Barenblatt v. United States
F. Executive Privilege
William Rogers, Senate Testimony on Executive Privilege
Suggested Readings
9. Liberalism Divided, 1969-1980
I. Introduction
Richard M. Nixon, Speech Accepting the Republican Presidential Nomination
Jimmy Carter, Inaugural Address
II. Judicial Power and Constitutional Authority
A. Constitutional Litigation
Powell v. McCormack
Laird v. Tatum
Rehnquist memo in Laird v. Tatum
III. Powers of the National Government
IV. Federalism
A. State Immunity from Federal Regulation
National League of Cities v. Usery
B. Interstate Travel
Shapiro v. Thompson
V. Separation of Powers
A. Presidential War and Foreign Affairs Powers
Leonard Meeker, Memorandum on the Legality of the United States Participation in the Defense of Viet-Nam
J. William Fulbright, Congress and Foreign Policy
War Powers Act
Richard Nixon, War Powers Act Veto Message
United States v. United States District Court
B. Executive Privilege
United States v. Nixon
Suggested Readings
Part Three: Contemporary Issues
10. Constitutional Debates in the Reagan-Bush Era, 1981-1993
I. Introduction
Ronald Reagan, First Inaugural Address
II. Judicial Power and Constitutional Authority
A. Judicial Supremacy
Edwin Meese, The Law of the Constitution
B. Judicial Review
William Rehnquist, The Notion of a Living Constitution
William J. Brennan, The Constitution of the United States: Contemporary Ratification
The Nomination of Robert H. Bork to the Supreme Court
Ronald Reagan, Address to the Nation
Senate Hearings on the Nomination of Robert Bork
Note: Modern Court-curbing
C. Constitutional Litigation
Rose, et al. v. Council for Better Education, et al.
III. Powers of the National Government
A. General Principles
Ronald Reagan, Remarks at the National Conference of State Legislatures
B. Taxing and Spending Power
South Dakota v. Dole
IV. Federalism
A. States and the Commerce Clause
Garcia v. San Antonio Metropolitan Transit Authority
B. Constitutional Amendment and Ratification
Note: The Validity of the Twenty-Seventh Amendment
V. Separation of Powers
A. Sharing the Legislative Power
Immigration and Naturalization Service v. Chadha
B. Nondelegation of Legislative Powers
Mistretta v. United States
C. Presidential Power to Execute the Law
Bowsher v. Synar
Morrison v. Olson
Suggested Readings
11. Constitutional Debates in the Contemporary Era, 1994-the Present
I. Introduction
William J. Clinton, Fourth Annual Message
Barack Obama, Inaugural Address
II. Judicial Power
A. Judicial Review
City of Boerne v. Flores
The Nomination of Samuel Alito to the U.S. Supreme Court
B. Constitutional Litigation
Doe v. Bush
Massachusetts v. Environmental Protection Agency
C. Judicial Structure and Selection
Note: Judicial Appointments and Confirmations
Senate Debate on the Nuclear Option
Caperton v. A.T. Massey Coal Company, Inc.
III. Powers of the National Government
A. Power to Regulate Commerce
United States v. Lopez
Gonzales v. Raich
B. Federal Power to Enforce Civil Rights
United States v. Morrison
IV. Federalism
A. State Regulation of Federal Elections
U.S. Term Limits v. Thornton
B. Non-Commandeering
Printz v. United States
C. Sovereign Immunity
Alden v. Maine
V. Separation of Powers
A. Sharing the Legislative Power
Clinton v. City of New York
B. Presidential Power to Execute the Law
Walter Dellinger, Presidential Authority to Decline to Execute Unconstitutional Statutes
Note: The Bush Administration, Presidential Signing Statements, and the Obligation to Faithfully Execute the Law
C. Presidential War and Foreign Affairs Powers
John Yoo, The President's Constitutional Authority to Conduct Military Operations
Memoranda on Standards of Conduct of Interrogation (Torture Memos)
Caroline Krass, Memorandum on the Authority to Use Military Force in Libya
John Cornyn, Speech on Libya
D. Martial Law and Habeas Corpus
Hamdi v. Rumsfeld
E. Executive Privilege
Cheney v. United States District Court for the District of Columbia
F. Immunity from Judicial Processes
Clinton v. Jones
Appendices
1. U.S. Constitution
2. Doing Legal Research and Reading Supreme Court Cases
3. Chronological Table of Presidents, Congress, and Supreme Court
Glossary
Index
VOLUME II
Chapter 1: Introduction to Rights and Liberties
I. Constitutional Rights
II. Connections
III. Sources
IV. Constitutional Interpretation
V. Constitutional Decision Making
VI. Constitutional Authority
VII. Scope
VIII. Constitutional History
IX. Constitutional Politics
Suggested Readings
Chapter Two: The Colonial Era, Before 1776
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
The English Bill of Rights
Massachusetts Body of Liberties
B. Principles
C. Scope
III. Individual Rights
A. Property
B. Religion
Establishment
Blackstone, Of Offences Against God and Religion
Locke, A Letter Concerning Toleration
Williams, The Bloudy Tenent
Witherspoon, The Dominion of Providence over the Passions of Men
Free Exercise
Maryland Toleration Act
Legal Exemptions for Religious Believers
C. Guns
D. Personal Freedom and Public Morality
IV. Democratic Rights
A. Free Speech
The Zenger Trial
B. Voting
C. Citizenship
V. Equality
A. Equality Under Law
B. Race
Somerset v. Stewart
C. Gender
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
Entick v. Carrington
C. Interrogations
D. Juries and Lawyers
The Trial of William Penn and Bushell's Case
E. Punishments
Suggested Readings
Chapter Three: The Founding Era, 1776-1791
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
State Constitutions
State Bills of Right
Virginia Declaration of Rights
A Declaration of the Rights of the Inhabitants of the Commonwealth or State of Pennsylvania
The Federal Constitution
The Bill of Rights
The Drafting Debates
The Ratification Debates
The Pennsylvania Ratification Debates
The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to their Constituents
Federalist No. 84
The Correspondence between Thomas Jefferson and James Madison
The Debates in the First Congress
The Law of Nations
Rutgers v. Waddington
B. Principles
Jefferson, Declaration of Independence
Federalist No. 10
C. Scope
III. Individual Rights
A. Property
Contracts
Takings and Due Process
Bayard v. Singleton
B. Religion
Establishment
Constitution of South Carolina
The Virginia Debate over Religious Assessments
A Bill Establishing a Provision for Teachers of the Christian Religion
Madison, Memorial and Remonstrance Against Religious Assessments
An Act for Establishing Religious Freedom
Free Exercise
The House Debate over Conscientious Objectors
C. Guns
D. Personal Freedom and Public Morality
IV. Democratic Rights
A. Free Speech
Respublica v. Oswald
B. Voting
John Adams and Benjamin Franklin on Universal Male Suffrage
The Debate over Property Qualifications
C. Citizenship
American Identity
V. Equality
A. Equality Under Law
B. Race
Commonwealth v. Jennison
Jefferson, Notes on the State of Virginia
C. Gender
John and Abigail Adams Debate Women's Rights
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
C. Interrogations
Commonwealth of Pennsylvania v. Dillon
D. Juries and Lawyers
E. Punishments
Rush, On Punishing Murder by Death
Suggested Readings
Chapter Four: The Early National Era, 1791-1828
I. Introduction
II. Foundations
A. Sources
Natural Law
Calder v. Bull
The Law of Nations
United States v. La Jeune Eugenie
B. Principles
Marbury v. Madison
C. Scope
III. Individual Rights
A. Property
Contracts
Fletcher v. Peck
Takings and Due Process
University of North Carolina v. Foy
B. Religion
Establishment
Jefferson, To the Danbury Baptists
Massachusetts Debates Test Oaths
Blasphemy
Free Exercise
Washington, Letter to the Jews of Newport
Commonwealth v. Wolf
C. Guns
Bliss v. Commonwealth
D. Personal Freedom and Public Morality
IV. Democratic Rights
A. Free Speech
The Sedition Act
The Report of a Select Committee on the Petitions Praying for a Repeal of the Alien and Sedition Laws
Madison, Virginia Report of 1799
People v. Croswell
B. Voting
Massachusetts Debates Property Qualifications
C. Citizenship
The Alien Friends Act
V. Equality
A. Equality Under Law
Holden v. James
B. Race
Slavery: The Rights of Masters
The Missouri Compromise
Slavery and Free Blacks
Commonwealth v. Griffith
Free Blacks
The Missouri Compromise
Amy v. Smith
C. Gender
Martin v. Commonwealth
D. Native Americans
Johnson v. McIntosh
VI. Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
Mayo v. Wilson
C. Interrogations
D. Juries and Lawyers
United States v. Callender
E. Punishments
James v. Commonwealth
F. Infamous Crimes and Criminals: The Burr Trial
U.S. v. Burr
Suggested Readings
Chapter Five: The Jacksonian Era, 1829-1860
I. Introduction
II. Foundations
A. Sources
B. Principles
C. Scope
Incorporation
Barron v. Baltimore
III. Individual Rights
A. Property
Contracts
Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
Takings
Beekman v. The Saratoga and Schenectady Railroad Company
Taylor v. Porter & Ford
Due Process
Wynehamer v. People
B. Religion
Establishment
Free Exercise
The Debate over Catholic Schools in New York City
C. Guns
State v. Buzzard
D. Personal Freedom and Public Morality
IV. Democratic Rights
A. Free Speech
Congress Debates Incendiary Publications in the Mail
B. Voting
Virginia Debates Property Qualifications and Apportionment
C. Citizenship
V. Equality
A. Equality Under Law
Holden v. James
B. Race
Slavery: The Rights of Masters
Slavery in the Territories
Dred Scott v. Sandford
Free Blacks
Roberts v. City of Boston
C. Gender
The Seneca Falls Convention
D. Native Americans
The Removal Debates
VI. Criminal Justice
A. Due Process and Habeas Corpus
The Booth Cases
In re Booth
Ableman v. Booth
B. Search and Seizure
Rohan v. Sawin
Commonwealth v. Dana
C. Interrogations
D. Juries and Lawyers
Commonwealth v. Anthes
E. Punishments
Suggested Readings
Chapter Six: Secession, Civil War, and Reconstruction, 1861-1876
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
The Thirteenth Amendment
The Fourteenth Amendment
B. Principles
C. Scope
Slaughter-House Cases
III. Individual Rights
A. Property
Contracts
Takings
The Second Confiscation Act
Due Process
B. Religion
Establishment
Free Exercise
C. Guns
D. Personal Freedom and Public Morality
IV. Democratic Rights
A. Free Speech
The Trial of Clement Vallandigham
B. Voting
Congress Debates the Ironclad Oath
C. Citizenship
V. Equality
A. Equality Under Law
Cooley, A Treatise of the Constitutional Limitations which Rest upon the Legislative Power of the States of the American Union
B. Race
Implementing the Thirteen Amendment
The Second Freedmen's Bureau Act
Implementing the Fourteenth Amendment
The Civil Rights Act of 1875
Federal Courts and Reconstruction
The States and School Segregation
Clark v. Board of School Directors
C. Gender
The Senate Debates Women's Suffrage
Bradwell v. State
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
The Civil War
Ex Parte Milligan
Reconstruction
B. Search and Seizure
C. Interrogations
D. Juries and Lawyers
E. Punishments
Suggested Readings
Chapter Seven: The Republican Era, 1877-1932
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
The Eighteenth Amendment
The Nineteenth Amendment
The Law of Nations
The Paquete Habana
B. Principles
C. Scope
Incorporation
Twining v. New Jersey
Extra-territoriality
Ross v. McIntyre
Balzac v. Porto Rico
State Action
Civil Rights Cases
III. Individual Rights
A. Property
Contracts
Takings
Mugler v. Kansas
Pennsylvania Coal Co. v. Mahon
Due Process
In re Jacobs
Holden v. Hardy
Lochner v. New York
Muller v. Oregon
Adkins v. Children's Hospital
B. Religion
Establishment
Crafts, The Civil Sabbath: The Friend, Not the Foe, of Liberty
Nash, The Sunday Law: Unconstitutional and Unscriptural
Free Exercise
Reynolds v. United States
C. Guns
D. Personal Freedom and Public Morality
Commonwealth v. Campbell
Meyer v. Nebraska
Buck v. Bell
IV. Democratic Rights
A. Free Speech
Schenck v. United States
Whitney v. California
Near v. State of Minnesota ex rel. Olson
B. Voting
State ex rel. Runge v. Anderson
C. Citizenship
United States v. Wong Kim Ark
United States v. Schwimmer
V. Equality
A. Equality Under Law
Yick Wo v. Hopkins
B. Race
U.S. v. Bhagat Singh Thind
The Rise of Jim Crow
The Lodge Federal Elections Bill
Plessy v. Ferguson
The Alabama Constitutional Convention
The Birth of the Civil Rights Movement
Buchanan v. Warley
C. Gender
The Blanket Amendment Debate
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
Moore v. Dempsey
B. Search and Seizure
Boyd v. U.S.
Weeks v. U.S.
People v. Defore
Olmstead v. United States
C. Interrogations
D. Juries and Lawyers
Powell v. Alabama
E. Punishments
Weems v. United States
Suggested Readings
Chapter Eight: The New Deal/Great Society Era, 1933-1968
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
The Law of Nations
B. Principles
United States v. Carolene Products Co.
American Civil Liberties Union, Policy Guide
C. Scope
Incorporation
Duncan v. Louisiana
Extra-territoriality
Reid v. Covert
State Action
Smith v. Allwright
Shelly v. Kraemer
Jones v. Alfred H. Mayer Co.
III. Individual Rights
A. Property
Contracts
Home Building & Loan Ass'n v. Blaisdell
Takings
Due Process
West Coast Hotel Co. v. Parrish
Williamson v. Lee Optical, Inc.
B. Religion
Establishment
Engel v. Vitale
Free Exercise
Sherbert v. Verner
C. Guns
D. Personal Freedom and Public Morality
Skinner v. State of Oklahoma ex rel. Williamson
Perez v. Sharp
Griswold v. Connecticut
IV. Democratic Rights
A. Free Speech
West Virginia State Board of Education v. Barnette
The Internal Security Act
McCarran, The Internal Security Act of 1950
Truman, Veto of the Internal Security Bill
Dennis v. United States
New York Times v. Sullivan
United States v. O'Brien
Brandenburg v. Ohio
Media
Red Lion Broadcasting Co. v. Federal Communications Commission
Other Free Speech Issues
B. Voting
The Voting Rights Act of 1965
Katzenbach v. Morgan
Reynolds v. Sims
Harper v. Virginia Bd. of Elections
C. Citizenship
V. Equality
A. Equality Under Law
B. Race
Strict Scrutiny
Korematsu v. United States
The Road to Brown
Margold, Preliminary Report to the Joint Committee Supervising the Expenditure of the 1930 Appropriation by the American Fund for Public Service to the N.A.A.C.P
Civil Rights Advocates Debate Strategy
W.E. B. Du Bois, Does the Negro Need Separate Schools?
Chas. H. Thompson, Court Action the Only Reasonable Alternative to Remedy Immediate Abuses of the Negro Separate School
Brown v. Board of Education of Topeka (Brown I)
Boiling v. Sharpe
Brown v. Board of Education of Topeka (Brown II)
Implementing Brown
The Reaction to Brown
All Deliberate Speed
Green v. County Sch. Bd. of New Kent County
C. Gender
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
The Wickersham Commission Report
Griffin v. Illinois
Fay v. Noia
Ex parte Quirin
B. Search and Seizure
Mapp v. Ohio
Katz v. United States
C. Interrogations
Miranda v. Arizona
D. Juries and Lawyers
Gideon v. Wainwright
E. Punishments
Suggested Readings
Chapter Nine: Liberalism Divided, 1969-1980
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
B. Principles
C. Scope
State Action
Moose Lodge No. 107 v. Irvis
III. Individual Rights
A. Property
Contracts
Takings
Penn Central Transp. Co. v. New York City
Due Process
Dandridge v. Williams
B. Religion
Establishment
Free Exercise
Wisconsin v. Yoder
C. Guns
D. Personal Freedom and Public Morality
Roe v. Wade
The Human Life Amendment
IV. Democratic Rights
A. Free Speech
New York Times Company v. United States
Campaign Finance
Buckley v. Valeo
B. Voting
The Voting Rights Acts of 1970 and 1975
The Right to Vote
Richardson v. Ramirez
Reapportionment
Gaffney v. Cummings
Regulating Elections
C. Citizenship
V. Equality
A. Equality Under Law
San Antonio Independent School District v. Rodriguez
B. Race
Implementing Brown
Swann v. Charlotte-Mecklenburg Board of Education
Executive and Legislative Attacks on Busing
Affirmative Action
Regents of the University of California v. Bakke
Racial Discrimination
Washington v. Davis
C. Gender
The National Organization of Women
The Debate over the Equal Rights Amendment
Ginsburg and Fasteau, Sex Bias in the U.S. Code
Schlafly, A Short History of E.R.A.
The Standard of Constitutional Protection
Frontiero v. Richardson
Military Service
Pregnancy
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
In re Winship
Wainwright v. Sykes
B. Search and Seizure
U.S. v. Calandra
C. Interrogations
Harris v. New York
People v. Disbrow
D. Juries and Lawyers
Peters v. Kiff
E. Punishments
Gregg v. Georgia
Suggested Readings
Chapter Ten: The Reagan Era, 1981-1993
I. Introduction
II. Foundations
A. Sources
Constitutions and Amendments
The Debate over the Flag Protection Amendment
The Law of Nations
B. Principles
Office of Legal Policy, Guidelines on Constitutional Litigation
Mellor, Natural Rights and the Future of Public Interest Law
C. Scope
State Action
DeShaney v. Winnebago County Dept. of Social Services
III. Individual Rights
A. Property
Contracts
Takings
Lucas v. South Carolina Coastal Council
Due Process
B. Religion
Establishment
Reagan, Speech to National Religious Broadcasters
Mueller v. Allen
Edwards v. Aguillard
Lee v. Weisman
Free Exercise
Employment Division v. Smith
The Religious Freedom Restoration Act
C. Guns
The Federal Assault Weapons Ban
D. Personal Freedom and Public Morality
The Reagan Administration on Roe v. Wade
Planned Parenthood of Southeastern Pennsylvania v. Casey
Bowers v. Hardwick
IV. Democratic Rights
A. Free Speech
Advocacy
Texas v. Johnson
The Hate Speech Debate
Doe v. University of Michigan
Public Property, Subsidies, Employees and Schools
Rust v. Sullivan
Campaign Finance
Media,
The Fairness Doctrine
Federal Communications Commission, Inquiry into Section 73.1910
Reagan, Message to the Senate Returning Without Approval the Fairness in Broadcasting Bill
Hollings, Speech in Response to Reagan Veto
Other Free Speech Issues
Obscenity and Pornography
Commercial Speech
Expressive Association
B. Voting
The Voting Rights Acts
The Voting Rights Act Amendments of 1982
Majority-Minority Districts
Shaw v. Reno
The Lani Guinier Nomination Fight
Bolick, Clinton's Quota Queens
Guinier, What I Would Have Told the Senate
Gerrymandering
Regulating Elections
C. Citizenship
Plyler v. Doe
V. Equality
A. Equality Under Law
Rose, et al. v. Council for Better Education, et al
B. Race
Implementing Brown
Freeman v. Pitts
Affirmative Action
Two Presidents on Affirmative Action
Reagan, Radio Address to the Nation on Civil Rights
Clinton, Remarks on Affirmative Action
City of Richmond v. J.A. Croson Co.
C. Gender
National Party Platforms on Women's Rights
The Democratic Party Platform
The Republican Party Platform
American Nurses' Ass'n v. State of Ill.
Johnson v. Transportation Agency, Santa Clara County
D. Native Americans
VI. Criminal Justice
A. Due Process and Habeas Corpus
Herrera v. Collins
B. Search and Seizure
United States v. Leon
Skinner v. Railway Labor Executives' Association
C. Int