AMERICAN CONSTITUTIONALISM
Volume I: Structures of Government
Howard Gillman, Mark A. Graber, and Keith E. Whittington
INDEX OF MATERIALS ARCHIVE
Part 1: Themes
1.
Introduction to American Constitutionalism
Part 2: Development
2.
The Colonial Era: Before 1776
I. Introduction
II. Judicial Power and Constitutional Authority
James Otis, Part of Speech before the Superior Court of Massachusetts on the Writs of
Assistance
III. Powers of the National Government
Massachusetts Circular Letter
The Speeches of His Excellency Governor Hutchinson . . . With the Answers of . . .
the House of Representatives
IV. Separation of Powers
Thomas Pownall, The Administration of the Colonies
A List of Infringements and Violations of Rights
Richard Jackson, An Historical Review of the Constitution and Government of
Pennsylvania
3.
The Founding Era: 1776–1788
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Review
An Elector [James Iredell], “To the Public”
III. Powers of the National Government
James Madison, “Vices of the Political System of the United States”
The Northwest Ordinance
IV. Federalism
A. Representation of State Interests
James Madison, The Federalist No. 46
B. Constitutional Amendment and Ratification
Thomas Jefferson, Notes on the State of Virginia
Resolves of the Concord Town Meeting
V. Separation of Powers
John Adams, “Thoughts on Government”
Debate in the Constitutional Convention
James Madison, The Federalist No. 49
James Madison, The Federalist No. 57
James Madison, The Federalist No. 62
4.
The Early National Era: 1789–1828
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I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Review
Kamper v. Hawkins
Hayburn’s Case
Vanhorne’s Lessee v. Dorrance
United States v. Callender
Eakin v. Raub
B. Judicial Supremacy
Attorney General Caesar Rodney, Letter to President Thomas Jefferson
C. Federal Review of the States
Fletcher v. Peck
Cohens v. Virginia
Algernon Sidney [Spencer Roane], “On the Lottery Decision”
D. Judicial Structure and Selection
Senate Debate on the Judiciary Act of 1801
Stuart v. Laird
Debate on the Impeachment of Justice Samuel Chase
United States v. Worrall
III. Powers of the National Government
A. Necessary and Proper Clause
Quaker Petition on Slavery
House Report on the Petitions Praying for a Repeal of the Sedition Act
James Monroe, Proposal for a Military Draft
Daniel Webster, Speech on the Proposed Military Draft
B. Territorial Acquisition and Governance
Senate Debate on the Louisiana Purchase
House and Senate Debate on the Missouri Compromise
C. Power to Regulate Commerce
Resolutions of the Hartford Convention
D. Taxing and Spending Power
Hylton v. United States
James Madison, Internal Improvements Veto Message
House Report on Internal Improvements
E. Treaty Power
Alexander Hamilton, “Camillus No. 36”
James Madison, Speech on the Jay Treaty
IV. Federalism
A. Constitutional Amendment and Ratification
Thomas Jefferson, Letter to Samuel Kercheval
B. State Authority to Interpret the Constitution
Massachusetts Resolution and Virginia Reply regarding the Virginia
Resolutions of 1798
Virginia Report of 1799
C. Police Powers
Corfield v. Coryell
V. Separation of Powers
A. Pardon Power
William Wirt, Pardons
B. Legislative Investigation Powers
Anderson v. Dunn
C. Presidential War and Foreign Affairs Powers
James Madison, “Helvidius, No. 1”
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Martin v. Mott
5.
The Jacksonian Era: 1829–1860
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Supremacy
Ableman v. Booth
B. Constitutional Litigation
Commonwealth v. Anthes
C. Federal Review of the States
Barron v. Baltimore
Swift v. Tyson
III. Powers of the National Government
A. Necessary and Proper Clause
U.S. v. Haun
B. Taxing and Spending Power
President James Polk, Veto of Internal Improvements Bill
Sharpless v. Mayor of Philadelphia
C. Territorial Acquisition and Governance
Congressional Debate on the Annexation of Texas
Stephen A. Douglas, Popular Sovereignty in the Territories
Foster v. Neilson
D. Federal Regulation of Elections
Congressional Debate on the Apportionment Act of 1842
IV. Federalism
A. Comity
Commonwealth v. Aves
B. State Authority to Interpret the Constitution
Andrew Jackson, Proclamation on Nullification
South Carolina Exposition and Protest
South Carolina Protest and Instructions
Daniel Webster, Speech on Nullification
C. Representation of State Interests
Senate Debate on the Right of State Legislatures to Instruct U.S. Senators
V. Separation of Powers
A. Presidential Power to Execute the Law
Decatur v. Paulding
Dissenting Democrats of Removal of the Federal Deposits
B. Presidential War and Foreign Affairs Powers
Caleb Cushing, Opinion on Ambassadors and Other Public Ministers
C. Martial Law and Habeas Corpus
United States v. Jackson
D. Nondelegation of Legislative Powers
Cincinnati, Wilmington and Zanesville, Rail Road Company v. The
Commissioners of Clinton County
E. Sharing the Legislative Power
House Debate on the Veto Power
Daniel Webster, Speech on the Bank Veto
William Henry Harrison, Inaugural Address
John Tyler, Statement upon Signing the Apportionment Act
House Debate on Tyler’s Signing Statement
F. Appointment and Removal Power
Ex Parte Hennen
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Field v. People of Illinois, ex rel. McClernand
G. Impeaching and Censuring the President
Note: The Censure of President Andrew Jackson
“The Colored Seamen’s Acts”: A Case Study
6.
Secession, Civil War, and Reconstruction: 1861–1876
I. Introduction
II. Judicial Power and Constitutional Authority
A. Constitutional Litigation
Ex Parte Yerger
Tennessee v. Davis
III. Powers of the National Government
A. General Principles
Timothy Farrar, “Adequacy of the Constitution”
Sidney George Fisher, “The Trial of the Constitution”
B. Necessary and Proper Clause
Congressional Debate on the Conscription Bill
Kneedler v. Lane
Kneedler v. Lane II
Chief Justice Taney, Draft Opinion on the Conscription Lawl
Correspondence between Jefferson Davis and Joseph Brown on
Conscription
C. Federal Power to Enforce Civil Rights
United States v. Reese
IV. Federalism
A. General Principles
Note: Federalism in the Confederate South
B. Territorial Integrity
Note: The Creation of West Virginia
C. Intergovernmental Immunity
Collector v. Day
In re Tarble
D. States and the Commerce Clause
Reading Railroad Co. v. Pennsylvania
E. Interstate Travel
Crandall v. Nevada
F. Secession
Jefferson Davis, “The Right of Secession”
Abraham Lincoln, Fourth of July Message to Congress
G. Constitutional Amendment and Ratification
John Alexander Jameson, A Treatise on Constitutional Conventions
V. Separation of Powers
A. Martial Law and Habeas Corpus
Ex Parte Milligan
B. Impeaching and Censuring the President
Note: The Impeachment of Andrew Johnson
7.
The Republican Era: 1877–1932
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Review
James Bradley Thayer, “The Origin and Scope of the American Doctrine of
Constitutional Law”
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Stephen Field, “The Centenary of the Supreme Court of the United States”
J. Allen Smith, The Spirit of American Government
Mugler v. Kansas
Lochner v. New York
B. Federal Review of the States
Hurtado v. California
Smyth v. Ames
C. Constitutional Litigation
United States v. Lee
Fergus v. Marks
Parker v. the State, ex rel. Powell
Kadderly v. Portland
III. Powers of the National Government
A. Power to Regulate Commerce
Correspondence between John Altgeld and Grover Cleveland on the
Pullman Strike
In Re Debs
Hoke and Economides v. United States
House Report on Convict Labor
B. Taxing and Spending Power
Hooe v. United States
McCray v. United States
C. Immigration and Naturalization
Fong Yue Ting v. U.S.
IV. Federalism
A. States and the Commerce Clause
Wabash, St. Louis and Pacific Railway Company v. Illinois
B. Constitutional Amendment and Ratification
David Jayne Hill, “The Crisis in Constitutionalism”
Leser v. Garnett
C. Sovereign Immunity
Ex parte Young
D. Representation of State Interests
George F. Edmunds, “Should Senators Be Elected by the People?”
E. State Regulation of Federal Elections
McPherson v. Blacker
V. Separation of Powers
A. Appointments and Removals
The Presidential Appointment Power in the Age of Congressional
Government
B. Presidential Power to Execute the Law
In re Neagle
Bates and Guild Co. v. Payne
United States v. Midwest Oil Company
C. Nondelegation of Legislative Power
State of Minnesota ex rel. Railroad & Warehouse Commission v. Chicago,
Milwaukee, & St. Paul Railway Company
D. Sharing the Legislative Power
William D. Mitchell, “Constitutionality of Proposed Legislation Affecting
Tax Refunds”
8.
The New Deal and Great Society Era: 1933–1968
I. Introduction
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II. Judicial Power and Constitutional Authority
A. Constitutional Litigation
Ashwander v. Tennessee Valley Authority
Poe v. Ullman
B. Federal Review of the States
Adamson v. California
Duncan v. Louisiana
III. Powers of the National Government
A. Power to Regulate Commerce
Carter v. Carter Coal Co.
United States v. Darby
B. Necessary and Proper Clause
Wood v. Miller
C. Federal Power to Enforce Civil Rights
Katzenbach v. Morgan
D. Taxing and Spending Power
United States v. Kahriger
IV. Federalism
A. States and the Commerce Clause
Morgan v. Virginia
Pennsylvania v. Nelson
V. Separation of Powers
A. Presidential War and Foreign Affairs Powers
Note: Lend-Lease
State Department Memorandum, “Authority of the President to Order the
Armed Forces of the United States Abroad”
B. Legislative Investigation Powers
Barenblatt v. United States
Watkins v. United States
C. Martial Law and Habeas Corpus
Ex parte Endo
Ex parte Quirin et al.
Hirabayashi v. United States
Korematsu v. United States
D. Nondelegation of Legislative Powers
Panama Refining Co. et al. v. Ryan et al.
Yakus v. United States
E. Sharing the Legislative Power
Herbert Brownell, Jr., “Authority of Congressional Committees to
Disapprove Action of the Executive Branch”
9.
Liberalism Divided: 1969–1980
I. Introduction
Barry Goldwater, Speech Accepting the Republican Presidential Nomination
II. Judicial Power and Constitutional Authority
A. Constitutional Litigation
Goldwater v. Carter
Massachusetts v. Laird
III. Powers of the National Government
IV. Federalism
V. Separation of Powers
A. Presidential Power to Execute the Law
Ramsey Clark, “Power of President to Impound Funds”
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William H. Rehnquist, Presidential Authority to Impound Funds
William H. Rehnquist, Testimony to Congress on Presidential
Impoundment
Part 3: Contemporary Issues
10. The Reagan Era: 1981–1993
I. Introduction
II. Judicial Power and Constitutional Authority
A. Judicial Review
Abbott et al. v. Burke et al.
Rose, et al.v. Council for Better Education
III. Powers of the National Government
IV. Federalism
V. Separation of Powers
A. Nondelegation of Legislative Powers
Mistretta v. United States
B. Sharing the Legislative Power
Ralph Tarr, Constitutionality of Line-Item Veto Proposal
C. Presidential Power to Execute the Law
Theodore B. Olson, Prosecution for Contempt of Congress of an Executive
Branch Official
D. Presidential War and Foreign Affairs Powers
Haig v. Agee
Timothy Flanigan, Issuance of Official or Diplomatic Passports
11. The Contemporary Era: 1994–Present
I. Introduction
II. Judicial Power
A. Constitutional Litigation
Birmingham-Jefferson Civil Center Authority v. City of Birmingham
et al.
Guinn v. Legislature of Nevada
Caperton v. A.T. Massey Coal Company, Inc.
John Roberts, “Year-End Report on the Federal Judiciary”
III. Powers of the National Government
A. Federal Power to Enforce Civil Rights
Nevada Department of Human Resources v. Hibbs
B. Taxing and Spending Power
Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (FAIR), et
al.
Legal Services Corporation v. Velazquez, et al.
C. Power to Regulate Commerce
National Federation of Independent Business v. Sebelius
IV. Federalism
A. States and the Commerce Clause
Crosby v. National Foreign Trade Council
United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste
Management Authority
B. Police Powers
Arizona v. United States
V. Separation of Powers
A. Sharing the Legislative Power
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Walter Dellinger, The Legal Significance of Presidential Signing Statements
B. Presidential Power to Execute the Law
Medellin v. Texas
Eric Holder, Non-Defense of the Defense of Marriage Act
C. Presidential War and Foreign Affairs Powers
Department of Justice Paper on National Security Agency Activities
Congressional Research Service, Presidential Authority to Conduct
Warrantless Electronic Surveillance to Gather Foreign Intelligence
Information
Letter from Scholars and Former Government Officials on National
Security Agency Activities
Walter Dellinger, “Proposed Deployment of United States Armed Forces
into Bosnia”
D. Martial Law and Habeas Corpus
Hamdan v. Rumsfeld
Boumediene v. Bush
E. Executive Privilege
In re Sealed Case
F. Appointment and Removal
Virginia A. Seitz, “Lawfulness of Recess Appointments during a Recess of
the Senate Notwithstanding Periodic Pro Forma Sessions”
G. Nondelegation of Legislative Powers
Briefs in Whitman v. American Trucking Associations, Inc., et al.
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