American Constitutional History: A Brief Introduction

ISBN-13: 9781119734277 / Angielski / Miękka / 2022 / 320 str.

Jack Fruchtman

Spis treści

Acknowledgments xiPrologue xivThe Structure of the Book xviiiPart 1 The New Republic, 1781-1828 1The Classical Republican Tradition 1John Locke, Deism, and Religious Liberty 51 Ideological Origins of the New Republic 9The Articles of Confederation and the Constitutional Convention 10Ratification and the Bill of Rights 202 Representative and Constitutional Democracy 28Judicial Review, Judicial Duty 31Economic Policy in the New Republic 353 Nationalization of the Constitution and Executive Power 45Part 2 The Slave Republic, 1789-1877 53Constitutional Amendments 564 Commerce, Nullification, and Slavery 59Other Economic Rulings 60The Nullification Controversy 62Dred Scott 655 Civil War and Reconstruction 69Lincoln and War 70Reconstruction 776 Rights and Privileges 82Privileges and Immunities 84Women's Rights 87Persecution of Newly Freed Slaves 89Part 3 The Free Market Republic, 1877-1937 93Constitutional Amendments 947 The Development of Substantive Due Process 97Procedural Due Process 98Substantive Due Process 99Restraint of Trade in the Free Market Era 102Liberty of Contract 104Regulating Industry 108The Great Depression 1108 Civil Rights After Reconstruction 112Equality and African Americans 112Parents and Educational Rights 120The Right to Be Let Alone 1219 The Re-emergence of Executive Power 123Leadership and the Presidency 123America and World War I 125Criminal Anarchy and Criminal Syndicalism in the 1920s 134Part 4 The Welfare State Republic, 1937-1995 139Constitutional Amendments 14010 Advocates and Enemies of Social Welfare 143The Court Changes 145New Social Welfare Programs 14811 The Growth of Civil Liberties 150Free Expression 150Free Press 154Religious Establishments 156Criminal Suspects and Capital Punishment 159Privacy 16312 The Civil Rights Movement 167School Desegregation 167Civil and Voting Rights 170Strict Scrutiny and Affirmative Action in Higher Education 172Affirmative Action in Government Contracts 176Women's Rights and Affirmative Action 17713 Expanding Presidential Power 180Presidential Power and Japanese Internments 181Military Tribunals 185Vietnam and Its Aftermath 186Re-emergence of a Powerful Executive 188Part 5 The Executive Republic, 1995-2021 19314 Federal Commerce Power and Economic Regulation 199Narrowing Federal Commerce Power 200Healthcare Reform 20315 Civil Liberties and Judicial Doctrines 208Religious Establishments 209Religious Liberty 212Campaign Finance and Speech Rights 216The Right to Bear Arms 218The Right to Privacy 22116 The Struggle for Equal Rights and Criminal Justice 224Affirmative Action and Education 225Same-Sex and Transgender Rights 227Voting Rights 231Capital Punishment and Criminal Justice 23417 The Continued Growth of Executive Power 238Foreign Terrorist Attacks and the Bush Administration 239Wars in Afghanistan and Iraq 242Obama and Unilateral Executive Action 245Executive Authority under Trump 250The Mueller Investigation and the First Impeachment 253EpilogueThe 2020 Presidential Campaign and Its Aftermath 258The Campaign and the Second Trump Impeachment 258The Biden Presidency, 2021 261A Republic If You Can Keep It 263Bibliography 268Prologue 267Part 1: The New Republic, 1781-1828 268Part 2: The Slave Republic, 1789-1877 269Part 3: The Free Market Republic, 1877-1937 270Part 4: The Welfare State Republic, 1937-1995 271Part 5: The Executive Republic, 1995-2021 272Epilogue 274Index 276

O autorze

JACK FRUCHTMAN is Professor Emeritus of Political Science and former Director of the Program in Law and American Civilization at Towson University, Maryland, USA. He has authored seven books, including studies of the political thought of Richard Price, Joseph Priestley, and Thomas Paine, and has edited, co-edited, or annotated another five. Professor Fruchtman taught American constitutional law and politics at Towson from 1978 until his retirement in 2019.