The Oxford Handbook of the U.S. Constitution

ISBN : 9780190654535

Mark Tushnet; Mark A. Graber; Sanford Levinson
1112 ページ
171 x 248 mm
Oxford Handbooks

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.


List of Contributors
1. Introduction

2. The Constitution from 1620 to the Early Republic/David Brian Robertson
3. Constitutional Developments from Jackson through Reconstruction/Michael Les Benedict
4. The Gilded Age through the Progressive Era/Ken I. Kersch
5. From the New Deal through the Reagan Revolution/L.A. Powe, Jr.
6. The Reagan Revolution to the Present/Thomas M. Keck

Political Science
7. Constitutions as Basic Structure/Neil Komesar
8. The Constitutional Politics of Congress/Neal Devins
9. The Constitutional Politics of the Executive Branch/Mariah Zeisberg
10. The Constitutional Politics of the Judiciary/Justin Crowe
11. The Uneasy Place of Parties in the Constitutional Order/Russell Muirhead, and Nancy L. Rosenblum
12. Social Movements and the Constitution/Mark Tushnet
13. The Administrative State: Law, Democracy, and Knowledge/Adrian Vermeule
14. The Resilience of the American Federal System/Jenna Bednar
15. Empire/Bartholomew H. Sparrow
16. The Evolution of America's Fiscal Constitution/Bill White

17. The Executive Power/Stephen M. Griffin
18. Enforcing the Fifteenth Amendment/Ellen D. Katz
19. The Power of Judicial Review/Keith E. Whittington
20. Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law/Gillian E. Metzger
21. Federalism/Michael S. Greve

22. Equality/ Julie Novkov
23. Liberty/James E. Fleming, and Linda C. McClain
24. Property in the United States Constitution/ Jedediah Purdy
25. Gender, Sex, and the U.S. Constitution/Leslie F. Goldstein
26. Racial Rights/ Girardeau A. Spann
27. Autonomy (of Individuals and Private Associations)/Dale Carpenter
28. Citizenship/Gerald L. Neuman
29. Religion/Winnifred Fallers Sullivan
30. Free Speech and Free Press/ Stephen M. Feldman
31. Criminal Procedure/Carol S. Steiker
32. Habeas Corpus/Paul D. Halliday
33. Native Americans/Matthew L. M. Fletcher
34. Positive Rights/Emily Zackin
35. The Right to Bear Arms/Saul Cornell

36. Constitutionalism/Mark E. Brandon
37. Emergency Powers/Oren Gross
38. Constitutional Authority/Wayne D. Moore
39. Is Constitutional Law Really Law?/David A. Strauss
40. Constitutionalism Outside the Courts/Ernest A. Young
41. State Constitutionalism/John Dinan
42. Interpretation/Jamal Greene
43. Constitutional Change/Gerard N. Magliocca
44. The U.S. Constitution and International Law/Vicki C. Jackson
45. The Constitution in Comparative Perspective/Heinz Klug
46. Education and the Constitution/Elizabeth Beaumont
47. The Economics of Constitutional Law/Maxwell L. Stearns
48. The Constitution and United States Culture/Paul W. Kahn



Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He is the co-author of a number of books, including the most widely used casebook on constitutional law, Constitutional Law (with Stone, Seidman, and Sunstein). Professor Tushnet is the former president of the American Association of Law Schools.; Mark A. Graber is the Jacob A. France Professor of Constitutionalism at the University of Maryland's Francis King Carey School of Law. Professor Graber is the author of many books and articles focusing on American constitutional law, development, theory, and politics. He is the author of A New Introduction to American Constitutionalism (Oxford 2013); Dred Scott and the Problem of Constitutional Evil (2006); Rethinking Abortion (1996). Professor Graber is the former section head of the Law and Courts section the APSA and the Constitutional Law Section of the American Association of Law Schools.; Sanford Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School, Austin. His books include: Framed: America's 51 Constitutions and the Crisis of Governance (Oxford, 2013); Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) (Oxford, 2008); Constitutional Faith; Wrestling with Diversity. Professor Levinson received the Lifetime Achievement Award presented by the Law and Courts Section of the American Political Science Association in 2010.