The Complete American Constitutionalism, Volume Five, Part I

Mark A. Graber is the University System of Maryland Regents Professor at the University of Maryland's Francis King Carey School of Law. He authored many books and articles focusing on American constitutional law, development, theory, and politics. He has been the section chair of the Public Law Section of the American Political Science Association and the Constitutional Law Section of the American Association of Law Schools.Howard Gillman is Chancellor and Professor of Political Science, History, and Law at the University of California, Irvine. He has authored many books, contributed book chapters, and articles among which include: The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence (1993); and The Votes That Counted: How the Court Decided the 2000 Presidential Election (2001). He received a number of awards for his scholarly contributions, including the C. Herman Pritchett Award for best book in the field of public law, and the American Judicature Society Award for best paper presented at a regional or national conference, both bestowed by the Law & Courts Section of the American Political Science Association. He has chaired that section and been honored by it for exceptional service and mentoring.

• Preface: The Banality of Confederate Constitutional Evil I. Introduction II. FoundationsA. SecessionB. Sources 1. The Federal Constitution and Amendments 2. State Constitutions and Amendments 3. Extra-Constitutional Sources of AuthorityC. Principles 1. Jefferson Davis, Inaugural Addresses 2. Inaugural Address of the President of the Provisional Government 3. The Inaugural Address 4. Robert Barnwell Rhett, The Address of the People of South Carolina, Assembled in Convention, To the People of the Slaveholding States of the United States 5. Thomas S. Bocock, Speech on Becoming Speaker of the House 6. Alexander Stephens, Cornerstone SpeechD. Scope III. Constitutional Authority and Judicial PowerA. Constitutional AuthorityB. Judicial Structure, Section and JurisdictionC. Constitutional Litigation IV. PowersA. General PrinciplesB. Congressional Power over Domestic PolicyC. Congressional Power over War and Foreign PolicyD. Federal Power to Acquire and Govern TerritoryE. Federal Power to Enforce Civil RightsF. Legislative Structure, Processes, Staffing and PrivilegesG. State Powers under State Constitutions V. FederalismA. The Status of States in the Federal UnionB. State Regulation of CommerceC. State Sovereign Immunity and Commandeering of State OfficialsD. PreemptionE. Relationships Between States VI. Separation of PowersA. Presidential and Foreign Policy PowersB. Domestic Powers of the PresidentC. Presidential Power to Execute the LawD. Appointment and Removal PowersE. Delegation and Administrative Agencies VII. Individual RightsA. Property Rights 1. Contracts 2. Takings 3. Due ProcessB. Religion 1. Establishment 2. Free ExerciseC. GunsD. Person Freedom and Public Morality VIII. Democratic RightsA. Free SpeechB. Voting RightsC. Citizenship IX. EqualityA. Equality Under LawB. RaceC. GenderD. Native Americans X. Criminal JusticeA. Due ProcessB. Habeas CorpusC. Search and SeizureD. Investigation and InterrogationsE. JuriesF. AttorneysG. PunishmentsH. Infamous Crimes and Criminals Bibliography Index