The New Federalist Papers

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Format: Paperback
Pub. Date: 1988-10-21
Publisher(s): UPA
List Price: $96.99

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Summary

This book represents perhaps the single most important volume to be published on the Constitution during the Bicentennial. With over sixty contributing authors, it brings together the best of American constitutional scholarship for a comprehensive and provocative discussion of the Constitution's history, its principles and its current meaning. Contributing authors to the book range from historians and political scientists to Congressmen and Supreme Court Justices. Some of the better-known contributors include former Speaker of the House Tip O'Neill, former Chief Justice Warren Burger, Congressman Philip Crane, lawyer Phillis Schlafly, Pulitzer Prize-winning historian Leonard Levy, former United States Senator Eugene McCarthy, and the venerable dean of United States historians, Henry Steele Commager. Most of the articles published in this volume appeared originally as part of the acclaimed New Federalist Papers newspaper series, which has been used by hundreds of newspapers across the country since 1984. The book is arranged into seventeen different sections, each of which focuses on a major constitutional principle or institution. Topic areas include federalism, the separation of powers, Congress, the bureaucracy, the Presidency, the Judiciary, foreign policy, civil rights, economics, constitutional reform, and the relationship between church and state. The sections of the book were designed to parallel the standard subjects covered in an introductory college course. Co-published with Public Research, Syndicated.

Table of Contents

Preface xiii
Barlow
Mahoney
West
Introduction xvii
Dennis J. Mahoney
SECTION 1: THE STATE OF OUR UNION
Our Current Problems
3(6)
Thomas G. West
The Real Crisis of American Government
9(5)
Douglas Jeffrey
The Rights Industry in America and the Crisis of American Constitutionalism
14(6)
Richard E. Morgan
Freedom Reconsidered
20(4)
Herbert London
E Pluribus. . . Unum?
24(5)
Robert R. Reilly
SECTION 2: FOUNDING PRINCIPLES
The Blessings of Liberty
29(4)
Warren E. Burger
The Three Stages of the American Founding
33(4)
Eugene McCarthy
The Constitution and the Art of Compromise
37(2)
Donald L. Horowitz
Virtue in Politics
39(4)
Patrick Glynn
The Principles behind the Constitution
43(6)
Harry V. Jaffa
SECTION 3: FEDERALISM
The Chicken and the Egg in American Constitutional History: The Nation and the States
49(4)
Paul Finkelman
Federalism before the Constitution
53(3)
Jack Rakove
Local Government and the Constitution
56(4)
George Blair
Is Federalism Obsolete?
60(8)
Richard Neely
Federalism and Democracy in America
68(7)
Ken Masugi
SECTION 4: SEPARATION OF POWERS
The Origins of the Separation of Powers
75(4)
David T. Hardy
Is the Separation of Powers Obsolete?
79(4)
John Adams Wettergreen
The Iran-Contra Controversy and the Separation of Powers
83(6)
John Marini
The Presidency, Congress and Public Opinion
89(3)
Joseph M. Bessette
Judicial Appointments and Partisanship
92(7)
Glen E. Thurow
SECTION 5: CONGRESS
Congress: The First 200 Years
99(11)
Thomas P. O'Neill
Defending Legislative-Executive Stalemates
110(4)
David T. Hardy
Congress, Representation and the Public Interest
114(4)
Eugene Hickok, Jr.
Lawmaking in Congress
118(4)
Joseph M. Bessette
Congress Needs to Govern More
122(7)
Dennis J. Mahoney
SECTION 6: THE PRESIDENCY
George Washington and the Origins of the Presidency
129(4)
Forrest McDonald
Too Much Charisma in the Executive?
133(3)
Harvey Mansfield, Jr.
The Founders and the Teflon Presidency: A Debate
136(5)
Harvey Mansfield, Jr.
Danny Adkison
Partisanship and the Presidency
141(3)
Ralph Ketcham
The Item Veto: A Debate
144(9)
Judith Best
Philip B. Kurland
SECTION 7: BUREAUCRACY
Party Conflict and the Bureaucratic Solution
153(3)
Sarah B. Thurow
Bureaucracy and the Judicial Function
156(4)
Richard Neely
The Inevitable Growth of `Big' Government
160(3)
Catherine Zuckert
Bureaucracy and the Founders
163(3)
John Adams Wettergreen
How Bureaucracy Has Transformed American Government
166(15)
John Adams Wettergreen
SECTION 8: THE JUDICIARY
Judicial Activism and the Founders
181(3)
Gary Jacobsohn
Judicial Review and Judicial Activism
184(4)
Leonard W. Levy
How Independent is the Judiciary? Judicial Activism v. Judicial Restraint
188(4)
Glen E. Thurow
The Courts as Lawmakers
192(3)
Richard Neely
Judicial Power and American Politics
195(16)
Herman Belz
SECTION 9: CONSTITUTIONAL INTERPRETATION
Chief Justice John Marshall and Constitutional Interpretation
211(3)
J. Jackson Barlow
Original Intent and the General Welfare
214(4)
Henry Steele Commager
Original Intent and Chief Justice Rehnquist
218(18)
Harry V. Jaffa
Original Intent: A Debate
236(10)
William Brennan
Edward Erler
What Does the Constitution Mean?
246(5)
Frank Canavan
SECTION 10: THE BILL OF RIGHTS
Why do We Have a Bill of Rights?
251(3)
Leonard W. Levy
Understanding Our Bill of Rights
254(3)
David Tucker
How to Think about the First Amendment
257(3)
Frank Canavan
The Origins of the Second Amendment
260(5)
David T. Hardy
Judicial Remedies and the Fourth Amendment
265(6)
Dennis J. Mahoney
SECTION 11: CHURCH AND STATE
The Religious Roots of the Constitution
271(4)
John Eidsmoe
The Founders and Establishments of Religion
275(4)
Leonard W. Levy
Roger Williams and the Separation of Church and State
279(4)
Paul Finkelman
Church, State and Neutrality
283(3)
Christopher Wolfe
The New Battle over the First Amendment
286(17)
John G. West, Jr.
SECTION 12: CIVIL RIGHTS
Slavery, Civil Rights & the Constitution
303(4)
Thurgood Marshall
Blacks and the Constitution
307(3)
Clarence Thomas
The Return of `Separate but Equal'
310(4)
Edward Erler
The Voting Rights Act
314(4)
Donald L. Horowitz
Affirmative Action and American History
318(7)
Herman Belz
SECTION 13: ELECTIONS AND PUBLIC OPINION
The Constitution and the Origins of Parties
325(5)
Lance Banning
The Forgotten Elections?
330(3)
Thomas W. Skladony
The Many Faces of Incumbency
333(4)
John J. Pitney, Jr.
Primaries, Parties and Representation
337(8)
Scott Keeter
Democracy in Today's Conventions
340
Glen
Sarah Thurow
SECTION 14: FOREIGN AND DEFENSE POLICY
Diplomacy: Executive or Legislative Responsibility?
345(4)
William R. Hawkins
American Foreign Policy: The President, Congress, and Public Opinion
349(4)
Walt Rostow
International Terrorism and Constitutional Democracy
353(6)
Harold W. Rood
The War Powers Act and Presidential Power
359(4)
Daniel Palm
The Military Obligation of Citizens
363(6)
William R. Hawkins
SECTION 15: ECONOMIC AND WELFARE POLICY
The Constitution and the Contracts Clause
369(5)
Bernard H. Siegan
The Commercial Republic and the Dignity of Work
374(4)
Betty Southard Murphy
Shays' Rebellion, Inflation and the Constitution
378(3)
Thomas Silver
Commerce and the Constitution
381(3)
Jeffrey Leigh Sedgwick
Judicial Activism and the Welfare State: A Debate
384(9)
Mark Tushnet
Kenneth M. Holland
SECTION 16: CONSTITUTIONAL CHANGES
Can We Risk Another Constitutional Convention?
393(4)
Phyllis Schlafly
Congress Needs More Time to Govern
397(3)
James L. Sundquist
Let's Celebrate the Constitution, Not Rewrite It
400(4)
Philip Crane
The Electoral College: A Debate
404(6)
Lawrence Longley
Judith Best
The Balanced Budget Amendment: A Debate
410(9)
J. Jackson Barlow
Martin Andersonw
SECTION 17: THE ENDURING CONSTITUTION
Our Constitution: Can It Be Permanent?
419(3)
Kenneth M. Holland
Our Alarming Eagerness to Change the Constitution
422(3)
Gary McDowell
Whose Constitution Is It?
425(3)
Frank Canavan
Can Lawyers Understand the Constitution?
428(3)
J. Jackson Barlow
On Praising the Constitution
431(20)
Thomas G. West
APPENDIX: Framing and Ratification of the Constitution
From Confederation to the Constitution
437(5)
Jack Rakove
The Constitutional Convention
442(3)
Dennis J. Mahoney
The Press and Ratification
445(6)
Richard Reeb
Acknowledgements and Biographies of Contributors 451

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