American Constitutional History - A Brief Introduction, Second Edition

Description: 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. Acknowledgments xi Prologue xiv The Structure of the Book xviii Part 1 The New Republic, 1781-1828 1 The Classical Republican Tradition 1 John Locke, Deism, and Religious Liberty 5 1 Ideological Origins of the New Republic 9 The Articles of Confederation and the Constitutional Convention 10 Ratification and the Bill of Rights 20 2 Representative and Constitutional Democracy 28 Judicial Review, Judicial Duty 31 Economic Policy in the New Republic 35 3 Nationalization of the Constitution and Executive Power 45 Part 2 The Slave Republic, 1789-1877 53 Constitutional Amendments 56 4 Commerce, Nullification, and Slavery 59 Other Economic Rulings 60 The Nullification Controversy 62 Dred Scott 65 5 Civil War and Reconstruction 69 Lincoln and War 70 Reconstruction 77 6 Rights and Privileges 82 Privileges and Immunities 84 Women's Rights 87 Persecution of Newly Freed Slaves 89 Part 3 The Free Market Republic, 1877-1937 93 Constitutional Amendments 94 7 The Development of Substantive Due Process 97 Procedural Due Process 98 Substantive Due Process 99 Restraint of Trade in the Free Market Era 102 Liberty of Contract 104 Regulating Industry 108 The Great Depression 110 8 Civil Rights After Reconstruction 112 Equality and African Americans 112 Parents and Educational Rights 120 The Right to Be Let Alone 121 9 The Re-emergence of Executive Power 123 Leadership and the Presidency 123 America and World War I 125 Criminal Anarchy and Criminal Syndicalism in the 1920s 134 Part 4 The Welfare State Republic, 1937-1995 139 Constitutional Amendments 140 10 Advocates and Enemies of Social Welfare 143 The Court Changes 145 New Social Welfare Programs 148 11 The Growth of Civil Liberties 150 Free Expression 150 Free Press 154 Religious Establishments 156 Criminal Suspects and Capital Punishment 159 Privacy 163 12 The Civil Rights Movement 167 School Desegregation 167 Civil and Voting Rights 170 Strict Scrutiny and Affirmative Action in Higher Education 172 Affirmative Action in Government Contracts 176 Women's Rights and Affirmative Action 177 13 Expanding Presidential Power 180 Presidential Power and Japanese Internments 181 Military Tribunals 185 Vietnam and Its Aftermath 186 Re-emergence of a Powerful Executive 188 Part 5 The Executive Republic, 1995-2021 193 14 Federal Commerce Power and Economic Regulation 199 Narrowing Federal Commerce Power 200 Healthcare Reform 203 15 Civil Liberties and Judicial Doctrines 208 Religious Establishments 209 Religious Liberty 212 Campaign Finance and Speech Rights 216 The Right to Bear Arms 218 The Right to Privacy 221 16 The Struggle for Equal Rights and Criminal Justice 224 Affirmative Action and Education 225 Same-Sex and Transgender Rights 227 Voting Rights 231 Capital Punishment and Criminal Justice 234 17 The Continued Growth of Executive Power 238 Foreign Terrorist Attacks and the Bush Administration 239 Wars in Afghanistan and Iraq 242 Obama and Unilateral Executive Action 245 Executive Authority under Trump 250 The Mueller Investigation and the First Impeachment 253 Epilogue The 2020 Presidential Campaign and Its Aftermath 258 The Campaign and the Second Trump Impeachment 258 The Biden Presidency, 2021 261 A Republic If You Can Keep It 263 Bibliography 268 Prologue 267 Part 1: The New Republic, 1781-1828 268 Part 2: The Slave Republic, 1789-1877 269 Part 3: The Free Market Republic, 1877-1937 270 Part 4: The Welfare State Republic, 1937-1995 271 Part 5: The Executive Republic, 1995-2021 272 Epilogue 274 Index 276

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