Keith E. Whittington
William Nelson Cromwell Professor of Politics
Princeton University
American Constitutionalism, Volume One: Structures of Government
Howard
Gillman, Mark A. Graber, and Keith E. Whittington
Winner of the Teaching and Mentoring Award for innovative instructional materials in Law and Courts
Constitutionalism in the United States is not determined solely by decisions made by the U.S. Supreme Court. Moving beyond traditional casebooks, American Constitutionalism takes an innovative approach to the teaching of American constitutional law and politics. Organized into the standard two-semester sequence, with volume one covering institutions and volume two covering rights and liberties, the text is distinctive in presenting the material in a historical organization within each volume and fully integrating the material into a political and legal context for students.
Many scholars have deepened our understanding of the development of our constitutional system, while also providing more interesting and sophisticated analyses of the political forces that shape constitutional debates and outcomes. American Constitutionalism has incorporated these lessons about how our constitutional system actually works while at the same time preserving what instructors and students find most engaging about the topic. These new materials allow instructors to develop more interesting explanations and debates about familiar issues, while at the same time introducing students to vitally important questions that are often excluded from Court-centered textbooks.
American Constitutionalism offers a number of useful features. It covers all important debates in American Constitution (not just those that have been recently litigated before the Supreme Court), organized by historical era. It incorporates readings from all the prominent participants in those debates. It clearly lays out the political and legal contexts of those materials. It integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts. The book offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables and figures, and suggested readings. The text is supported by websites for students and teachers with extensive supplementary materials, including additional readings, sample syllabi, instructor guides, and presentation slides.
Oxford University Press casebook
supplemental site --
This site is filled with supplemental materials for instructors and students,
including hundreds of additional excerpts from primary materials in American
constitutionalism, flashcards, and self-evaluation quizzes.
Praise for American Constitutionalism:
“American Constitutionalism marks a new age in the teaching of constitutional law. The book elegantly presents a historicized and developmental account that unveils the political and institutional roots of contemporary constitutional controversies. History and politics come alive for students as they engage constitutional problems as concrete political and legal struggles with stakes that span all American institutions, not just the courts. After using this text, I can't imagine teaching constitutional law any other way.”
JULIE NOVKOV, University of Albany
“With the long-awaited publication of Gillman, Graber, and Whittington's American Constitutionalism, students can finally see vividly how American constitutional development has been shaped by a fascinating array of political actors-legislators, Presidents, and political party and social movement leaders-not just by courts. A landmark contribution to the teaching and study of American constitutionalism.”
ROGERS M. SMITH, University of Pennsylvania
“A much-needed addition to the market. It will change the way that we teach constitutional law and politics.”
GREG GOELZHAUSER, Coastal Carolina University
Did
you know that the U.S. Supreme Court was prepared to overrule McCulloch v. Maryland but did not have
the opportunity to do so because Jacksonian
politicians treated the case as a dead letter and killed any legislation that
would have tested congressional power under that precedent before the Civil
War? American
Constitutionalism reviews the debates that led to the Court’s decision in McCulloch v. Maryland, and also examines
the battles over Jackson’s veto of the Bank bill, his theory of the unitary
executive, and the censure resolution that followed his unilateral decision to
remove federal deposits from the Bank.
Did
you know that former Whigs such as Benjamin Curtis decried Lincoln’s abuse of
power in issuing the Emancipation Proclamation?
American Constitutionalism
reviews the debates over Lincoln’s assertions of emergency power during the
Civil War and the debates over the constitutionality of secession and the
status of the southern states during the Civil War and Reconstruction.
Did
you know that Franklin Roosevelt drafted a speech to be delivered in case the
government lost the Gold Clause Cases
in which he was prepared to announce that the government would not comply with
the Supreme Court because the president had a higher obligation “to protect the
people of the United States”? American Constitutionalism reviews the
cases and political context of the battles between the U.S. Supreme Court and
the administration during the early New Deal and details how the New Deal
transformed the constitutional landscape.
Did
you know that the head of Clinton’s Office of Legal Counsel prepared an
elaborate legal analysis on the president’s authority to decline to execute
statutes that he regarded to be unconstitutional? American
Constitutionalism reviews contemporary constitutional cases on federalism
and the separation of powers, while also providing extensive background on the
changing politics of judicial appointments, the rise of presidential signing
statements, and executive-branch justifications for initiating military
activities abroad and engaging in “enhanced interrogation” techniques.
With
American Constitutionalism, you can
explore the full range of theoretical, political, and legal questions that have
characterized the American effort to both empower and limit government
officials.
March 2012
816 pages, paper
ISBN 0-19-9975126-9 (pb)
$99.95 (pb)
Oxford University Press
description
Oxford University Press
casebook supplemental site
-- This site is filled with supplemental materials for instructors and
students, including hundreds of additional excerpts from primary materials in
American constitutionalism, flashcards, and self-evaluation quizzes.