The Oxford Handbook of the U.S. Constitution

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He is the co-author of a number of books, including the most widely used casebook on constitutional law, Constitutional Law (with Stone, Seidman, and Sunstein). Professor Tushnet is the former president of the American Association of Law Schools.Mark A. Graber is the Jacob A. France Professor of Constitutionalism at the University of Maryland's Francis King Carey School of Law. Professor Graber is the author of many books and articles focusing on American constitutional law, development, theory, and politics. He is the author of A New Introduction to American Constitutionalism (Oxford 2013); Dred Scott and the Problem of Constitutional Evil (2006); Rethinking Abortion (1996). Professor Graber is the former section head of the Law and Courts section the APSA and the Constitutional Law Section of the American Association of Law Schools.Sanford Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School, Austin. His books include: Framed: America's 51 Constitutions and the Crisis of Governance (Oxford, 2013); Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) (Oxford, 2008); Constitutional Faith; Wrestling with Diversity. Professor Levinson received the Lifetime Achievement Award presented by the Law and Courts Section of the American Political Science Association in 2010.

The American experience has long been central to global conversations about constitutional law and politics. Whether the United States is viewed as a model or anti-model of comparative experience, engaging with the American case is part of the grammar of contemporary constitutional practice. This outstanding Handbook is an indispensable resource for scholars and practitioners seeking to orient themselves to the American constitutional project. The superb contributions span an extraordinarily wide array of topics and disciplinary approaches, and will stand the test of time as important pieces of scholarship. As a collection, they are every bit as rich and diverse as American constitutionalism itself. Every serious student of constitutional law and politics will profit enormously from closely studying this landmark volume." -Sujit Choudhry, I. Michael Heyman Professor of Law, University of California, Berkeley, School of Law

• List of Contributors 1. Introduction History2. The Constitution from 1620 to the Early Republic/David Brian Robertson 3. Constitutional Developments from Jackson through Reconstruction/Michael Les Benedict4. The Gilded Age through the Progressive Era/Ken I. Kersch5. From the New Deal through the Reagan Revolution/L.A. Powe, Jr. 6. The Reagan Revolution to the Present/Thomas M. Keck Political Science7. Constitutions as Basic Structure/Neil Komesar8. The Constitutional Politics of Congress/Neal Devins9. The Constitutional Politics of the Executive Branch/Mariah Zeisberg10. The Constitutional Politics of the Judiciary/Justin Crowe11. The Uneasy Place of Parties in the Constitutional Order/Russell Muirhead, and Nancy L. Rosenblum 12. Social Movements and the Constitution/Mark Tushnet13. The Administrative State: Law, Democracy, and Knowledge/Adrian Vermeule14. The Resilience of the American Federal System/Jenna Bednar 15. Empire/Bartholomew H. Sparrow16. The Evolution of America's Fiscal Constitution/Bill White Law17. The Executive Power/Stephen M. Griffin18. Enforcing the Fifteenth Amendment/Ellen D. Katz19. The Power of Judicial Review/Keith E. Whittington20. Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law/Gillian E. Metzger21. Federalism/Michael S. Greve Rights22. Equality/ Julie Novkov23. Liberty/James E. Fleming, and Linda C. McClain24. Property in the United States Constitution/ Jedediah Purdy25. Gender, Sex, and the U.S. Constitution/Leslie F. Goldstein26. Racial Rights/ Girardeau A. Spann27. Autonomy (of Individuals and Private Associations)/Dale Carpenter28. Citizenship/Gerald L. Neuman 29. Religion/Winnifred Fallers Sullivan 30. Free Speech and Free Press/ Stephen M. Feldman31. Criminal Procedure/Carol S. Steiker32. Habeas Corpus/Paul D. Halliday33. Native Americans/Matthew L. M. Fletcher34. Positive Rights/Emily Zackin35. The Right to Bear Arms/Saul Cornell Themes36. Constitutionalism/Mark E. Brandon37. Emergency Powers/Oren Gross38. Constitutional Authority/Wayne D. Moore39. Is Constitutional Law Really Law?/David A. Strauss 40. Constitutionalism Outside the Courts/Ernest A. Young41. State Constitutionalism/John Dinan42. Interpretation/Jamal Greene43. Constitutional Change/Gerard N. Magliocca44. The U.S. Constitution and International Law/Vicki C. Jackson45. The Constitution in Comparative Perspective/Heinz Klug46. Education and the Constitution/Elizabeth Beaumont47. The Economics of Constitutional Law/Maxwell L. Stearns48. The Constitution and United States Culture/Paul W. Kahn Index