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

Hardcover | April 7, 2015

byMark A. Graber, Howard Gillman

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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 ofconstitutionalism 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 andeighteenth 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 thedifferent interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

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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 ofconstitutionalism in the United States. This first vo...

Mark A. Graber is Professor of Law and Government at the University of Maryland's Francis King Carey School of Law. He authored many books and articles focusing on American constitutional law, development, theory, and politics. He has been the section chair of the Public Law Section of the American Political Science Association and th...

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Format:HardcoverDimensions:576 pages, 10.12 × 6.89 × 1.3 inPublished:April 7, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190237627

ISBN - 13:9780190237622

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Table of Contents

List of Tables, Figures, and ImagesPrefacePart 1: Introduction to American Constitutionalism1. What Is a Constitution?2. Constitutional Purposes3. Constitutional Interpretation and Decision MakingA. Constitutional ArgumentsB. Sources of Constitutional ArgumentsC. The Politics of Constitutional Argument4. Constitutional Authority5. Constitutional Change6. Constitutional Politics and LawBibliographyPart 2: The Colonial Era: Before 17761. Introduction2. FoundationsA. SourcesB. PrinciplesC. Scope3. Constitutional Authority and Judicial PowerA. Constitutional AuthorityB. Judicial Selection, Structure and JurisdictionC. Constitutional Litigation4. PowersA. General PrinciplesB. Congressional (Parliamentary) Power over Domestic PolicyC. Congressional (Parliamentary Power over Foreign PolicyD. Congressional (Parliamentary) Power to Acquire and Govern TerritoryE. Powers and Rights of Members of Congress (Parliament), Observers, and Congressional (Parliamentary) CommitteesF. State (Colonial) Powers under State Constitutions (Colonial Charters)5. FederalismA. The Status of States (Colonies) in the Federal Union (British Empire)B. State (Colonial) Sovereign Immunity and CommandeeringC. PreemptionD. Relationships between States (Colonies)6. Separation of PowersA. General PrinciplesB. Presidential (Royal) War and Foreign Policy PowersC. Domestic Powers of the President (Monarch)D. Presidential (Royal) Power to Execute the LawE. Appointment and Removal PowersF. Executive Privileges, Immunities and Impeachment7. Individual RightsA. PropertyB. ReligionC. GunsD. Personal Freedom and Public MoralityE. Positive Rights8. Democratic RightsA. Free SpeechB. VotingC. Citizenship9. EqualityA. Equality Under LawB. RaceC. GenderD. Native Americans10. Criminal JusticeA. Due ProcessB. Habeas CorpusC. Search and SeizureD. InterrogationsE. JuriesF. LawyersG. PunishmentsBibliographyAppendix: Constitution of the United StatesIndex