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The Constitution from 1620 to the Early Republic  

David Brian Robertson

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the evolution of the U.S. Constitution from 1620 to the early republic. It first outlines the ideas and experiences that shaped the Constitution, including ... More

Constitutional Developments from Jackson through Reconstruction  

Michael Les Benedict

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutional developments during the period from the inauguration of President Andrew Jackson through Reconstruction. It begins with an overview of the tension ... More

The Constitutional State  

Dieter Gosewinkel

Print publication date:
Jul 2018
Online publication date:
Aug 2018
At the turn of the nineteenth century, the constitutional state took its origin from a revolution against absolutist rule and feudal inequality. ‘Constitution’ as a revolutionary new ... More

Constitutionalism  

Mark E. Brandon

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutionalism in the United States, with particular emphasis on its origins and the problems of constitutional failure. It begins with an overview of the origins ... More

Empire  

Bartholomew H. Sparrow

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the concept of “empire” in the U.S. Constitution, with particular emphasis on four forms of empire—all sanctioned by the Constitution—that reflected the complexity of ... More

Enforcing the Fifteenth Amendment  

Ellen D. Katz

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines efforts to enforce the Fifteenth Amendment in the period from United States v. Reese through Shelby County v. Holder. Reese and Shelby County expose the most rigorous ... More

The Evolution of America’s Fiscal Constitution  

Bill White

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter focuses on the evolution of the fiscal constitution in the United States. It begins with an overview of the role played by fiscal realities in the American Revolution, ... More

Free Speech and Free Press  

Stephen M. Feldman

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the constitutional protection of free speech and free press. It emphasizes the legal doctrine underpinning free expression in America as well as two competing ... More

From the New Deal through the Reagan Revolution  

L.A. Powe Jr.

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines three seminal constitutional events in the United States in the period from the New Deal through the Reagan Revolution: President Franklin D. Roosevelt’s Supreme ... More

Gender, Sex, and the U.S. Constitution  

Leslie F. Goldstein

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter explores three gender-related constitutional revolutions: the doubling of the size of the electorate by adding women, constitutionalization of the right to obtain an abortion, ... More

The Gilded Age through the Progressive Era  

Ken I. Kersch

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter begins with an overview of the fundamental questions raised from the end of Reconstruction to World War I about the relationship of the Constitution to a rapidly and radically ... More

Habeas Corpus  

Paul Halliday

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines habeas corpus as an instrument of judicial authority and its role in developing an understanding of the U.S. Constitution with regard to basic aspects of liberty. ... More

The Historical Method in Public Law  

Martin Loughlin

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter highlights the importance of the historical method in public law by showing the way that public law was established as a distinct field of knowledge in European jurisprudence. ... More

A History of Violence: American Constitutional History and The Criminal System  

Gerald Leonard

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter discusses the violence of constitutional law, as verified by American constitutional history. It seeks to illuminate the centrality of violence to American constitutional ... More

Islamic Law in Post-revolutionary Iran  

Antonia Fraser Fujinaga

Print publication date:
Nov 2018
Online publication date:
Jan 2016
This article examines Islamic law in post-revolutionary Iran, with particular emphasis on areas where Islamic and Iranian law intersect. Before discussing the various manifestations of ... More

Native Americans  

Matthew L.M. Fletcher

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter explores constitutional principles that underlie self-determination policies for Native Americans. It first outlines the four eras of federal Indian law and policy: the ... More

The Reagan Revolution to the Present  

Thomas M. Keck

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutional development in the United States since the time of President Ronald Reagan. It considers the Reagan administration’s constitutional agenda, with ... More

Redeeming the American Founding?  

Norman W. Spaulding

Print publication date:
Aug 2018
Online publication date:
Sep 2018
Every revolutionary liberal democratic founding has its secret drawers where one can find the illiberal ideas and mnemonic traces of illiberal acts in and through which the state came into ... More

The Right to Bear Arms  

Saul Cornell

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines what the U.S. Constitution says about the right to bear arms. It begins with an overview of the changing meaning of the right to bear arms in American history, along ... More

Types of Constitutions  

Dieter Grimm

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents a history of ideas of constitutional designs and conceptions of constitutionalism. It discusses the problem with typologies, identifying the object, the constitution ... More

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