Preface |
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xiii | |
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Introduction |
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xvii | |
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SECTION 1: THE STATE OF OUR UNION |
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3 | (6) |
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The Real Crisis of American Government |
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9 | (5) |
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The Rights Industry in America and the Crisis of American Constitutionalism |
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14 | (6) |
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20 | (4) |
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24 | (5) |
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SECTION 2: FOUNDING PRINCIPLES |
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29 | (4) |
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The Three Stages of the American Founding |
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33 | (4) |
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The Constitution and the Art of Compromise |
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37 | (2) |
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39 | (4) |
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The Principles behind the Constitution |
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43 | (6) |
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The Chicken and the Egg in American Constitutional History: The Nation and the States |
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49 | (4) |
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Federalism before the Constitution |
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53 | (3) |
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Local Government and the Constitution |
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56 | (4) |
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60 | (8) |
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Federalism and Democracy in America |
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68 | (7) |
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SECTION 4: SEPARATION OF POWERS |
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The Origins of the Separation of Powers |
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75 | (4) |
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Is the Separation of Powers Obsolete? |
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79 | (4) |
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The Iran-Contra Controversy and the Separation of Powers |
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83 | (6) |
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The Presidency, Congress and Public Opinion |
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89 | (3) |
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Judicial Appointments and Partisanship |
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92 | (7) |
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Congress: The First 200 Years |
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99 | (11) |
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Defending Legislative-Executive Stalemates |
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110 | (4) |
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Congress, Representation and the Public Interest |
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114 | (4) |
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118 | (4) |
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Congress Needs to Govern More |
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122 | (7) |
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SECTION 6: THE PRESIDENCY |
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George Washington and the Origins of the Presidency |
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129 | (4) |
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Too Much Charisma in the Executive? |
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133 | (3) |
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The Founders and the Teflon Presidency: A Debate |
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136 | (5) |
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Partisanship and the Presidency |
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141 | (3) |
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144 | (9) |
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Party Conflict and the Bureaucratic Solution |
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153 | (3) |
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Bureaucracy and the Judicial Function |
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156 | (4) |
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The Inevitable Growth of `Big' Government |
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160 | (3) |
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Bureaucracy and the Founders |
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163 | (3) |
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How Bureaucracy Has Transformed American Government |
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166 | (15) |
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Judicial Activism and the Founders |
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181 | (3) |
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Judicial Review and Judicial Activism |
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184 | (4) |
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How Independent is the Judiciary? Judicial Activism v. Judicial Restraint |
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188 | (4) |
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192 | (3) |
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Judicial Power and American Politics |
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195 | (16) |
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SECTION 9: CONSTITUTIONAL INTERPRETATION |
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Chief Justice John Marshall and Constitutional Interpretation |
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211 | (3) |
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Original Intent and the General Welfare |
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214 | (4) |
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Original Intent and Chief Justice Rehnquist |
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218 | (18) |
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Original Intent: A Debate |
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236 | (10) |
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What Does the Constitution Mean? |
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246 | (5) |
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SECTION 10: THE BILL OF RIGHTS |
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Why do We Have a Bill of Rights? |
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251 | (3) |
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Understanding Our Bill of Rights |
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254 | (3) |
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How to Think about the First Amendment |
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257 | (3) |
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The Origins of the Second Amendment |
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260 | (5) |
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Judicial Remedies and the Fourth Amendment |
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265 | (6) |
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SECTION 11: CHURCH AND STATE |
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The Religious Roots of the Constitution |
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271 | (4) |
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The Founders and Establishments of Religion |
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275 | (4) |
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Roger Williams and the Separation of Church and State |
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279 | (4) |
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Church, State and Neutrality |
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283 | (3) |
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The New Battle over the First Amendment |
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286 | (17) |
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Slavery, Civil Rights & the Constitution |
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303 | (4) |
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Blacks and the Constitution |
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307 | (3) |
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The Return of `Separate but Equal' |
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310 | (4) |
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314 | (4) |
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Affirmative Action and American History |
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318 | (7) |
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SECTION 13: ELECTIONS AND PUBLIC OPINION |
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The Constitution and the Origins of Parties |
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325 | (5) |
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330 | (3) |
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The Many Faces of Incumbency |
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333 | (4) |
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Primaries, Parties and Representation |
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337 | (8) |
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Democracy in Today's Conventions |
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340 | |
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SECTION 14: FOREIGN AND DEFENSE POLICY |
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Diplomacy: Executive or Legislative Responsibility? |
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345 | (4) |
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American Foreign Policy: The President, Congress, and Public Opinion |
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349 | (4) |
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International Terrorism and Constitutional Democracy |
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353 | (6) |
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The War Powers Act and Presidential Power |
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359 | (4) |
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The Military Obligation of Citizens |
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363 | (6) |
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SECTION 15: ECONOMIC AND WELFARE POLICY |
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The Constitution and the Contracts Clause |
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369 | (5) |
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The Commercial Republic and the Dignity of Work |
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374 | (4) |
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Shays' Rebellion, Inflation and the Constitution |
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378 | (3) |
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Commerce and the Constitution |
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381 | (3) |
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Judicial Activism and the Welfare State: A Debate |
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384 | (9) |
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SECTION 16: CONSTITUTIONAL CHANGES |
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Can We Risk Another Constitutional Convention? |
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393 | (4) |
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Congress Needs More Time to Govern |
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397 | (3) |
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Let's Celebrate the Constitution, Not Rewrite It |
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400 | (4) |
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The Electoral College: A Debate |
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404 | (6) |
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The Balanced Budget Amendment: A Debate |
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410 | (9) |
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SECTION 17: THE ENDURING CONSTITUTION |
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Our Constitution: Can It Be Permanent? |
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419 | (3) |
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Our Alarming Eagerness to Change the Constitution |
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422 | (3) |
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Whose Constitution Is It? |
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425 | (3) |
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Can Lawyers Understand the Constitution? |
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428 | (3) |
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On Praising the Constitution |
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431 | (20) |
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APPENDIX: Framing and Ratification of the Constitution |
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From Confederation to the Constitution |
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437 | (5) |
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The Constitutional Convention |
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442 | (3) |
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The Press and Ratification |
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445 | (6) |
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Acknowledgements and Biographies of Contributors |
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451 | |