About the Book
Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.
Table of Contents:
Each chapter ends with a list of Further Readings. 1. INTERPRETING AMERICAN CONSTITUTIONAL HISTORY. Essays: Jennifer Nedelsky, The Constitution and the Protection of Private Property; John E. Semonche, The Supreme Court as a Unifying Force in American Culture; Larry D. Kramer, Popular Constitutionalism; Linda K. Kerber, Gender and American Citizenship. 2. CREATING THE AMERICAN REPUBLIC. Documents: Political Theorist John Locke Describes the Ends of Political Society and Government, 1690; American Colonists Declare Their Independence, 1776; The American Colonies Form a Confederation, 1777; Convention Delegate Edmund Randolph Proposes the Virginia Plan, May 29, 1787; William Paterson Proposes the New Jersey Plan, June 15, 1787; Delegates Debate the Creation of a National Legislature, May-June, 1787; Delegates Debate Slavery and Representation, June-July, 1787; Delegate James Madison Advocates an Extended Republic, 1788. Essays: Paul Finkelman, Slavery and the Debate over Representation; Forrest McDonald, The Power of Ideas in the Convention; Jan Lewis, Representation of Women in the Constitution. 3. RIGHTS OF THE NEW REPUBLIC. Documents: Virginian James Madison Champions Religious Liberty, 1785; Anti-Federalist George Mason Outlines his Objections to the Proposed Constitution, 1787; Madison Advocates a Bill of Rights, 1789; The Sedition Act Limits Criticism of the National Government, 1798; The Virginia and Kentucky Resolutions Decry the Abuse of National Power, 1798-1799; Lyon's Case, 1798. Essays: Saul Cornell, The Anti-Federalists and American Liberty; Leonard W. Levy, The Republicans and the Transformation of Libertarian Thought. 4. THE DEPARTMENTAL THEORY AND THE ESTABLISHMENT OF JUDICIAL REVIEW. Documents: Federalist Alexander Hamilton Defends Judicial Review, 1788; Kamper v. Hawkins, 1793; Republican John Breckenridge Advocates the Repeal of the Federalist's Judiciary Act, 1802; Marbury v. Madison, 1803; Martin v. Hunter's Lessee, 1816; McCulloch v. Maryland, 1819; President Andrew Jackson Defies the Supreme Court and Vetoes the Bank Bill, 1832. Essays:Larry D. Kramer, Marshall, Marbury, and the Defense of Judicial Review; Sylvia Snowiss, Judicial Review and the Law of the Constitution; Timothy S. Huebner, Spencer Roane, Judicial Power, and State Sovereignty. 5. ANDREW JACKSON, NULLIFICATION, AND INDIAN REMOVAL. Documents: South Carolinian John C. Calhoun Proposes Nullification, 1828; President Andrew Jackson Advocates Indian Removal, 1829; Cherokee Nation v. Georgia, 1831; Worcester v. Georgia, 1832; South Carolina Nullifies the Tariff, 1832; Jackson Threatens South Carolina, 1832. Essays: Jill Norgren, Worcester and the Politics of the Nullification Crisis; Gerard N. Magliocca, Jackson, Worcester, and Generational Change. 6. ABRAHAM LINCOLN, SLAVERY, AND THE CIVIL WAR. Documents: Abolitionist Frederick Douglass Describes the Constitution as Anti-Slavery, 1852; Dred Scott v. Sandford, 1857; The Confederacy Writes a Constitution, 1861; President Abraham Lincoln Rejects Secession and Criticizes the Supreme Court, 1861; Ex parte Merryman, 1861; Lincoln Emancipates Slaves in the Confederacy, 1863; Lincoln Defends His Suspension of the Writ of Habeas Corpus, 1863. Essays: Daniel Farber, Lincoln's Mixed Record on Individual Rights; James M. McPherson, Abraham Lincoln and the Transformation of American Liberty. 7. RECONSTRUCTION AND THE FOURTEENTH AMENDMENT. Documents: Congress Debates the Fourteenth Amendment, 1866; The Slaughterhouse Cases, 1873; Bradwell v. Illinois, 1873; Minor v. Happersett, 1875; The Civil Rights Cases, 1883; Plessy v. Ferguson, 1896. Essays: Akhil Reed Amar, Reconstruction and the Birth of the Bill of Rights; Michael Les Benedict, The Conservative Basis of Radical Reconstruction; Joan Hoff, The Supreme Court's Denial of the Rights of Women. 8. PROTECTIVE LEGISLATION AND THE LIBERTY TO CONTRACT. Documents: Legal Scholar Christopher G. Tiedeman Advocates a Limited Police Power, 1886; The People's Party Announces Its Agenda for Reform, 1896; Lochner
