American Constitutional History

Name: American Constitutional History | A Brief Introduction
Brand: Wiley
Price: 28.99 EUR
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A Brief Introduction

Jack Fruchtman(Autor*in)

Wiley (Verlag)

2. Auflage

Erschienen am 12. Januar 2022

320 Seiten

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Beschreibung

Reveals how the Constitution has evolved over the past 235 years, featuring updated coverage of the 2020 presidential election and constitutional changes made by the Supreme Court up to June 2021

American Constitutional History: A Brief Introduction, Second Edition presents a concise and accessible history of the 235-year development of the Constitution since its ratification. The book is organized around five distinct periods in U.S. history--the New Republic, the Slave Republic, the Free-Market Republic, the Social Welfare Republic, and the Contemporary Republic--to demonstrate the evolution of the American republic and its founding document over time. With an engaging narrative approach, author Jack Fruchtman describes how constitutional changes have occurred through both formal amendments and informal decisions by the president, Congress, and the Supreme Court.

Updated to cover the period from 2015 to 2021, the second edition examines the controversial presidential election of 2020 in which Donald Trump, despite losing the electoral and popular vote, claimed victory and espoused charges of widespread election fraud. New coverage of the addition of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court is complemented by discussion of important decisions made after 2015, including affirming same-sex marriage, a woman's right to abortion under certain circumstances, the right to own and carry a firearm, and the central place of religious liberty in American society. This book also:

* Highlights the Constitution's evolution through government regulation of the economy, individual and civil rights, and executive power

* Reflects the evolution of constitutional changes made by the Supreme Court up to June 2021

* Discusses topics such as the ideological origins of the U.S Constitution, the Civil War and Reconstruction, the civil rights movement, and growth of executive power

* Includes chapter overviews, summaries, and descriptions of formal constitutional amendments ratified by the states

American Constitutional History: A Brief Introduction, Second Edition is an excellent introductory textbook for upper-level undergraduate and graduate courses in American history and political science and a must-read for general readers seeking insights into the origins and evolution of the U.S. Constitution.

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Inhalt

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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