American Constitutional History

Jack Fruchtman is Professor of Political Science and Director of the Program in Law and American Civilization at Towson University, Maryland. His most recent books include The Political Philosophy of Thomas Paine (2009) and The Supreme Court: Rulings on American Government and Society (2nd Edition, 2014).

"First, the book is in a format that is readable. Second, the topics the book covers are arranged in such a manner that the reader gains insights into the historical developments that impacted the Constitution's evolution. And third, many students majoring in American politics focus on the legislative and executive branches, ignoring in large measure the critical role the judiciary had and has in American politics. This book fills that void and should be read by all students interested in a deeper understanding of American politics."—M. DeRosa, Florida Atlantic University in CHOICE, March 2017

• Acknowledgments xiPrologue xiiiStructure of the Book xviiPart 1 The New Republic, 1781–1828 1John Locke, Deism, and Religious Liberty 51 Ideological Origins of the New Republic 9The Articles of Confederation and the Constitutional Convention 10Ratification and the Bill of Rights 212 Representative and Constitutional Democracy 28Judicial Review, Judicial Duty 31Economic Policy in the New Republic 353 Nationalization of the Constitution and Executive Power 45Part 2 The Slave Republic, 1789–1877 53Constitutional Amendments 564 Commerce, Nullification, and Slavery 59Other Economic Rulings 60The Nullification Controversy 62Dred Scott 655 Civil War and Reconstruction 70Lincoln and War 71Reconstruction 786 Rights and Privileges 84Privileges and Immunities 86Women’s Rights 89Persecution of Newly Freed Slaves 91Part 3 The Free Market Republic, 1877–1937 95Constitutional Amendments 967 The Development of Substantive Due Process 99Procedural Due Process 100Substantive Due Process 101Restraint of Trade in the Free Market Era 105Liberty of Contract 107Regulating Industry 111The Great Depression 1138 Civil Rights After Reconstruction 115Equality and African‐Americans 115Parents and Educational Rights 123The Right to be Let Alone 1259 The Re‐emergence of Executive Power 126Leadership and the Presidency 126America and World War I 128Criminal Anarchy and Criminal Syndicalism in the 1920s 137Part 4 The Welfare State Republic, 1937–1995 143Constitutional Amendments 14410 Advocates and Enemies of Social Welfare 147The Court Changes 149New Social Welfare Programs 15311 The Growth of Civil Liberties 154Free Expression 154Free Press 158Religious Establishments 160Criminal Suspects and Capital Punishment 164Privacy 16712 The Civil Rights Movement 172School Desegregation 172Civil and Voting Rights 175Strict Scrutiny and Affirmative Action in Higher Education 177Affirmative Action in Government Contracts 181Women’s Rights and Affirmative Action 18213 Expanding Presidential Power 186Presidential Power and Japanese Internments 187Military Tribunals 191Vietnam and its Aftermath 192Re‐emergence of a Powerful Executive 195Part 5 The Contemporary Republic, 1995–2013 19914 Federal Commerce Power and Economic Regulation 201Narrowing Federal Commerce Power 202Health‐care Reform 20515 Rights, Liberties, and Judicial Doctrines 209Affirmative Action and Education 209Campaign Finance 212The Right to Bear Arms 213Capital Punishment 216The Right to Privacy 218Religious Establishments 22016 Executive Authority and Terrorism 224Protecting America in an Era of Terrorism 224Wars in Afghanistan and Iraq 229Executive Power Under Barack Obama 233Epilogue 239Government and the Economy 241Government and Individual and Civil Rights 243Executive Power 254A Republic if you can Keep it 257Bibliography 260Prologue 261Part 1: The New Republic, 1781–1828 262Part 2: The Slave Republic, 1789–1877 263Part 3: The Free Market Republic, 1877–1937 263Part 4: The Welfare State Republic, 1937–1995 264Part 5: The Contemporary Republic, 1995–2013 265Epilogue 267Index 268