The Oxford Handbook of the U.S. Constitution (Oxford Handbooks)

__The Oxford Handbook of the U.S. Constitution__offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis.The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a -globalized- world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the -civilized world.- Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today. Copyright 2 Contributors 4 1 Introduction: The Handbook of the United States Constitution 10 PART I History 27 2 The Constitution from 1620 to the Early Republic 27 3 Constitutional Developments from Jackson through Reconstruction 55 4 The Gilded Age through the Progressive Era 86 5 From the New Deal through the Reagan Revolution 114 6 The Reagan Revolution to the Present 140 PART II Political Science 166 7 Constitutions as Basic Structure 166 8 The Constitutional Politics of Congress 186 9 The Constitutional Politics of the Executive Branch 210 10 The Constitutional Politics of the Judiciary 237 11 The Uneasy Place of Parties in the Constitutional Order 262 12 Social Movements and the Constitution 289 13 The Administrative State: Law, Democracy, and Knowledge 310 14 The Resilience of the American Federal System 339 15 Empire 364 16 The Evolution of America’s Fiscal Constitution 386 PART III Law 410 17 The Executive Power 410 18 Enforcing the Fifteenth Amendment 438 19 The Power of Judicial Review 466 20 Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law 492 21 Federalism 519 PART IV Rights 545 22 Equality 545 23 Liberty 575 24 Property in the United States Constitution 602 25 Gender, Sex, and the U.S. Constitution 626 26 Racial Rights 649 27 Autonomy (of Individuals and Private Associations) 678 28 Citizenship 705 29 Religion 730 30 Free Speech and Free Press 755 31 Criminal Procedure 780 32 Habeas Corpus 808 33 Native Americans 835 34 Positive Rights 862 35 The Right to Bear Arms 890 PART V Themes 915 36 Constitutionalism 915 37 Emergency Powers 945 38 Constitutional Authority 972 39 Is Constitutional Law Really Law? 997 40 Constitutionalism Outside the Courts 1013 41 State Constitutionalism 1039 42 Interpretation 1067 43 Constitutional Change 1094 44 The U.S. Constitution and International Law 1110 45 The Constitution in Comparative Perspective 1137 46 Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship 1164 47 The Economics of Constitutional Law 1193 48 The Constitution and United States’ Culture 1219 Table of Cases 1247 Index 1270 The,Oxford,Handbook,of,the,U.S.,Constitution Présentation de l'éditeur : "The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today." The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics, and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality from a Constitution originally designed for a society in which all politically relevant persons shared the same race, gender, religion, and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today. -- from back cover "The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics, and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality from a Constitution originally designed for a society in which all politically relevant persons shared the same race, gender, religion, and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today."--Source inconnue "This book provides a comprehensive guide to the United States Constitution. It examines constitutional developments based on a periodization scheme that partly reflects important changes in constitutional governance, from the Jacksonian Era to the beginning of the 1980s. The book general historical institutionalist orientation blurs precise distinctions between political science and law, with particular reference to the role of political parties, interest groups, and bureaucrats in operating a constitution designed to prevent the rise of parties, interest-group politics, and an entrenched bureaucracy. The book also considers exertions of power by the Supreme Court, along with the national executive and Congress. There are chapters on federalism as well as liberty, property, religion, free expression and free press, criminal procedure, habeas corpus, and the right to bear arms. In addition, the book discusses Native Americans, race, gender, and citizenship to illustrate contemporary constitutional struggles for equality; the constitutional status of international law, constitutionalism, and constitutional authority; and how, at a time of increasing globalization, people living in the United States can continue to be governed by a constitution meant for a society greatly separated from the rest of the 'civilized world.' This work provides a comprehensive guide to the United States Constitution. It examines constitutional developments based on a periodization scheme that partly reflects important changes in constitutional governance, from the Jacksonian Era to the beginning of the 1980s. The book's general historical institutionalist orientation blurs precise distinctions between political science and law, with particular reference to the role of political parties, interest groups, and bureaucrats in operating a constitution designed to prevent the rise of parties, interest-group politics, and an entrenchedbureaucracy. --Résumé de l'éditeur