Table of Contents
Preface to the Second Edition v
Table of Cases xi
Table of Legislation xvii
Introduction 1
1 An Overview of the History of the Us Constitution 9
From the Revolution to the Bill of Rights 9
The Early National Period 17
The Crisis over Slavery and the Civil War 20
The Late Nineteenth Century and the Growth of the Modern State 23
The New Deal Crisis and the New Constitutional Regime 27
From the Reagan Revolution to the Present 34
Conclusion 39
Further Reading 39
2 The Constitutional Politics of the Legislative Branch 41
Congress: Its Basic Structure and Roles 42
The American Party System 46
Political Parties and the Written Constitution 52
Conduct of Elections 55
Legislative Districting and Getrymandering 58
Candidate Selection and Getrymandering 61
Campaign Financing 63
Constitutional Politics within Congress 67
Conclusion 74
Further Reading 75
3 The Constitutional Politics of the Executive Branch 77
The President as Party Leader 80
The President's Role in Legislation 89
The Unitary Executive and the Modern Administrative State 94
The Unitary Executive in Foreign Affairs 107
Conclusion 117
Further Reading 118
4 The Constitutional Politics of the Judicial Branch 121
Judicial Selection 123
Judicial Review and Judicial Supremacy 132
Political Constraints on the Jurisdiction of the Federal Courts 137
Doctrinal Constraints on the Jurisdiction of the Federal Courts 144
Standing 149
Conclusion 153
Further Reading 154
5 Federalism and the Reach of National Power 155
State Governments and the US Constitution 156
The Emergence of (Nearly) Plenary National Power 159
The So-Called 'Federalism Revolution' of the 1990s and Beyond 165
Federalism and the Spending Power 176
Conclusion 179
Further Reading 182
6 The Substance of Individual Rights Under the Constitution 183
The Starting Point 186
Pragmatic and Realist Critiques 192
The New Deal Reconstruction 198
The Emergence of Modern Liberalism: Autonomy and Accommodation 204
Lawyers and Rights Litigation: The Development of Support Structures 218
Political Parties and Social Movements 222
From Congress to the Courts: The Venues for Rights Protection 225
The 'Backlash' Thesis 228
Constitutional Rights in the Twenty-First Century 229
Further Reading 231
7 The Processes of Constitutional Change 233
Formal Amendments 233
Substance 235
Constitutional Interpretation as a Mechanism of Constitutional Change 237
Interpretive Methods: An Introduction 240
Conclusion 264
Constitutional Moments and Constitutional Change 264
Constitutional Moments 265
Concluding Thoughts 270
Further Reading 272
Index 273
