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A March of Liberty a Constitutional History of the United States from the Founding to 1890 (volume1)

by Melvin I. Urofsky

  • ISBN: 9780195126358
  • ISBN10: 0195126351

A March of Liberty a Constitutional History of the United States from the Founding to 1890 (volume1)

by Melvin I. Urofsky

  • List Price: $49.95
  • Binding: Paperback
  • Edition: 2
  • Publisher: Oxford Univ Pr
  • Publish date: 08/01/2001
  • ISBN: 9780195126358
  • ISBN10: 0195126351
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Description: Preface1. FROM THE OLD WORLD TO THE NEWMagna Carta and the Rule of Law * The Common Law Enthroned * Organizing for Settlement * The Merchant Colonies: Virginia and Massachusetts * The Compact Colonies * The Proprietary Colonies * Growth of Legislative Dominance * The English Revolutions and the Dominion of New England2. LAW IN COLONIAL AMERICASettler and Indian Views of Land * Simplifying Property Law * Personal Status: Women * Personal Status: Laborers * Personal Status: Slaves * Religion * Criminal Law * Lawyers and Practice * The Privy Council and Imperial Courts * Witchcraft and Press Freedom3. THE ROAD TO INDEPENDENCEThe Mercantile System * Colonial Governments * Writs of Assistance * The Parsons Cause and the Two Penny Act * Colonial Constitutional Thought * Republican Ideology * The British View * The Stamp Act and the Colonial Response * The Townshend Duties * Tea and the Coercive Acts * The First ContinentalCongress * Parting of the Ways * The Declaration of Independence * Conclusion4. THE REVOLUTIONARY ERACongress Governs * The Articles of Confederation * New State Governments * Conservatives and Radicals * State Constitutions * Religious Freedom * Slavery * Judicial Review and the Success and Failure of State Constitutions in the Revolutionary Era * The Common Law Survives * Blackstone''s Influence *Conclusion5. THE CRISIS OF CONFEDERATIONDefects of the Articles * A Government Without Energy * Western Land Policy * Northwest Ordinance * Shays''s Rebellion * Madison and the Annapolis Convention * Toward the Philadelphia Convention6. A MORE PERFECT UNIONThe Philadelphia Convention * Representation and the Structure of Government * Slavery and Representation * The Executive Branch * The Judicial Branch * The Powers of the New Government * Regulating Commerce * Concluding the Convention * The Constitution and Federalism * Checks and Balances * TheDebate over Ratification * Federalists and Antifederalists * Ratification * Conclusion: The Constitution and Democracy7. LAUNCHING THE GREAT EXPERIMENTWashington Takes Office * The Bill of Rights * The Government Takes Shape * Raising a Revenue * Hamilton''s Financial Program * The Bank of the United States * The Hamilton-Jefferson Debate * The Whiskey Rebellion * The Slave Trade and the Fugitive Slave Law of 1793 * Defining Presidential Power *Presidential Conduct of Foreign Affairs * The Neutrality Proclamation * Jay''s Treaty * Conclusion: Washington''s Achievements8. THE SUPREME COURT: THE FIRST DECADEThe Federal Court of Appeals * The Judiciary Act of 1789 * The Process Act * The Jay Court Convenes * Separation Of Powers * Suing States in Federal Courts * Chisholm v. Georgia * The Eleventh Amendment * The Debt Cases * Judicial Review * The Ellsworth Tenure* Circuit Duties * Conclusion9. THE CHANGING FACE OF THE LAWChanges in the Common Law * Criminal Law * Property * Land and Water Usage * Contract * Procedure * Bench and Bar * Legal Literature * Lower Federal Courts10. ADAMS, JEFFERSON, AND THE COURTSThe Alien and Sedition Acts * The Kentucky and Virginia Resolutions * The Election of 1800 * The Judiciary Act of 1801 * John Marshall and the Midnight Judges * Jefferson Takes Office * Repeal of the Judiciary Act * Marbury v. Madison * The Louisiana Purchase * Republican Attacks on the Judiciary:The First Cases * The Impeachment of Justice Chase * Defining Treason * The Burr Trial * Presidential Privilege11. THE MARSHALL COURT AND NATIONAL POWERThe Attorney General * Change on the Court * The Embargo Cases * United States v. Peters * The Hartford Convention * The Court and Nationalist Sentiment * Margin v. Hunter''s Lessee * Madison''s Proposals * The Second Bank of the United States in Court * Cohens v. Virginia * The Steamboat Case *Conclusion: The Marshall Court''s Legacy12. THE MARSHALL COURT AND ECONOMIC DEVELOPMENTLaw and Economic Development * Fletcher v. Peck * Public Land Cases * The Emergence of the Corporation * Defining Corporate Rights * The Dartmouth College Case * Bankruptcy * Conclusion: The Marshall Court''s Legacy13. A LAW MADE FOR THE TIMESDebate over the Law * An American System * Legal Instrumentalism * Changing Views of Land * Water Usage * Taking of Land * Emergence of Tort Law * Master and Servant * Commercial Law * The Corporation * Sales * Negotiable Instruments * Contract * Conclusion14. POLITICS, NATIONALISM, AND COMPETITIONThe "Era of Good Feeling" * Georgia, Jackson, and the Indians * Georgia, the Indians, and the Court * Calhoun Responds to the Tariff * The Webster-Hayne Debate * The Nullification Crisis * Internal Improvements * Jackson Versus the Bank * Monopoly and Economic Expansion * The Charles River BridgeCase Begins * The Last Years of the Marshall Court * Chief Justice Taney * The Charles River Bridge Case Is Decided * Conclusion: The New Departure15. JACKSONIAN DEMOCRACYA Sense of Mastery * State Constitutional Development * Constitutional Flexibility * The Political Party and Its Function * Family Law * Women''s Rights * Children and the Law * Early Labor Movements * Debtor Imprisonment * Pauper Relief * The New Prison * Code Revision * Race Relations andAntislavery * Conclusion16. THE TANEY COURT: CHANGE AND CONTINUITYThe New Chief Justice * The Court and Codification * Federal Common Law: Swift v. Tyson * The Police Power * Bank of Augusto v. Earle * The License and Passenger Cases * Defining State and Federal Powers * The Wheeling Bridge Case * The "Political Question" Doctrine * Dorr''s Rebellion * Luther v.Borden * Conclusion: The Taney Court''s Balance17. THE PECULIAR LAWS OF AMERICA''S PECULIAR INSTITUTIONSlavery in the New Nation * The Missouri Compromise * Black and White Opposition to Slavery: Slave Rebels and New Abolitionists * Abolitionist Theories and the Constitution * Abolitionist Use of the Law * Slaves in Transit * Antebellum Race Discrimination * Federal Fugitive Slave Laws * Prigg v.Pennsylvania * Law and Conscience * Southern Slave Codes * Controlling the Bondsmen * Slaves and Criminal Law * Manumission * Free Blacks * Conclusion18. A HOUSE DIVIDINGThe Gag Rule * The Amistad Case * The Lone Star Republic * Annexing Texas * Constitutional Questions over Annexation * Presidential War Powers * The Wilmot Proviso * Free Labor and Free Soil * Calhoun''s Southern Ideology * The Compromise of 1850 * The Slave Trade in the Nation''s Capital, CaliforniaStatehood, and Slavery in the Territories * The Fugitive Slave Law * The Kansas-Nebraska Act * Obstructing the Fugitive Slave Act * "Bleeding Kansas * The Republican Party * Dred Scott''s Case * The Self-Inflicted Wound * The Dred Scott Decision * The Aftermath * Kansas, Once Again * Ableman v.Booth * Conclusion19. THE UNION SUNDEREDThe Election of 1860 * Secession Winter * "And the War Came" * The Provisional Confederate Constitution * The Permanent Confederate Constitution * Defects in the Confederate Scheme * The Political Party as a War Tool * Lincoln Takes Control * Ex Parte Merryman * Judicial Reorganization in Wartime *The Adequacy of the Constitution * War Powers and the Rebellion * Defining Rebel Status * The Growth of National Power * The Emancipation Proclamation * The Thirteenth Amendment20. THE UNION UNRESTOREDProblems of Military Occupation * Loyalty Oaths * Congress Takes a Hand * Expanding Federal Court Jurisdiction * Lincoln''s 10 Percent Plan * The Wade-Davis Bill * Enter Andrew Johnson * Presidential Reconstruction * The Joint Committee on Reconstruction * Southern Intransigence * The Freedmen''sBureau Bills of 1866 * The Civil Rights Act * The Fourteenth Amendment * The Congressional Plan * Conclusion21. RECONSTRUCTIONGovernmental Deadlock * The Military Reconstruction Acts * The New State Governments * Southern Resistance * Restricting the Executive * Impeachment * The Senate Trial * The Meaning of Acquittal * Reconstruction in the Courts * Ex Parte Milligan Testing Congressional Reconstruction Powers * McCardleand Yerger * Texas v. White * Changing the Size of the Court * The Legal Tender Cases * The End of Reconstruction * The Election of 1876 * Conclusion: The Legacy of Reconstruction22.THE COURT AND CIVIL RIGHTSThe Abandonment of the Freedmen * The Civil Rights Cases * Jim Crow Enthroned * The Treatment of Native Americans * The Chinese Cases * The Insular Cases * The Incorporation Theory * Women and the Law * The Court Draws Limits * The Peonage Cases * A Few Small Steps * ConclusionAPPENDIXESTHE DECLARATION OF INDEPENDENCEARTICLES OF CONFEDERATION
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