The Oxford Handbook of the U.S. Constitution

1338 Pages·2015·5.275 MB·English

by  Mark V. Tushnet, Sanford Levinson, Mark A. Graber

The Oxford Handbook of the U.S. Constitution
The Oxford Handbook of the U.S. Constitution  
The Oxford Handbook of the U.S. Constitution
Edited by Mark Tushnet, Mark A. Graber, and Sanford Levinson
Print Publication Date: Oct 2015 Subject: Law Online Publication Date: Nov 2015
(p. iv)
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Page 1 of 2
The Oxford Handbook of the U.S. Constitution
and you must impose this same condition on any acquirer.
Library of Congress Cataloging-in-Publication Data
The Oxford handbook of the U.S. Constitution / Edited by Mark Tushnet, Mark A.
Graber, and
Sanford Levinson.
     pages cm
   Includes bibliographical references and index.
   ISBN 978-0-19-024575-7 ((hardback) : alk. paper)
1. Constitutional law—United States. I. Tushnet, Mark V., 1945- editor. II. Graber,
Mark A., editor.
III. Levinson, Sanford, 1941- editor. IV. Title: Oxford handbook of the United States
Constitution.
   KF4548.5.O973 2015
   342.73—dc23
2014048046
1 3 5 7 9 8 6 4 2
Printed in the United States of America on acid-free paper
Note to Readers
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Page 2 of 2
Contributors
Contributors  
The Oxford Handbook of the U.S. Constitution
Edited by Mark Tushnet, Mark A. Graber, and Sanford Levinson
Print Publication Date: Oct 2015 Subject: Law Online Publication Date: Nov 2015
Contributors
(p. ix)
Elizabeth Beaumont Associate Professor of Political Science, University of Min­
nesota
Jenna Bednar Professor of Political Science, University of Michigan
Michael Les Benedict Professor Emeritus, Department of History, Ohio State Uni­
versity
Mark E. Brandon Dean and Thomas E. McMillan Professor of Law, University of Al­
abama School of Law
Dale Carpenter Distinguished University Teaching Professor; Earl R. Larson Pro­
fessor of Civil Rights and Civil Liberties Law, University of Minnesota Law School
Saul Cornell Paul and Diane Guenther Chair in American History, Fordham Univer­
sity
Page 1 of 6
Contributors
Justin Crowe Associate Professor of Political Science, Williams College
Neal Devins Goodrich Professor of Law, Professor of Government, Director, Insti­
tute of Bill of Rights Law, College of William & Mary
John Dinan Professor, Department of Politics and International Affairs, Wake Forest
University
Stephen M. Feldman Jerry W. Housel/Carl F. Arnold Distinguished Professor of
Law, Adjunct Professor of Political Science, University of Wyoming College of Law
James E. Fleming The Honorable Frank R. Kenison Distinguished Scholar in Law,
Professor of Law, Boston University School of Law
Matthew L.M. Fletcher Professor of Law & Director of the Indigenous Law & Poli­
cy Center, Michigan State University College of Law
Leslie F. Goldstein Judge Hugh M. Morris Professor Emerita of Political Science
and International Relations, University of Delaware
Mark A. Graber Jacob A. France Professor of Constitutional Law, University of
Maryland Francis King Carey School of Law
Jamal Greene Vice Dean and Professor of Law, Columbia Law School
Page 2 of 6
Contributors
Michael S. Greve Professor of Law, George Mason University School of Law
Stephen M. Griffin W.R. Irby Chair and Rutledge C. Clement Jr. Professor in Con­
stitutional Law, Tulane University Law School
Oren Gross Irving Younger Professor of Law and Director of the Institute for Inter­
national Legal & Security Studies, University of Minnesota Law School
(p. x) Paul D. Halliday Julian Bishko Professor of History and Professor of Law, Cor­
coran Department of History, University of Virginia
Vicki C. Jackson Thurgood Marshall Professor of Constitutional Law, Harvard Law
School
Paul W. Kahn Robert W. Winner Professor of Law and the Humanities, and Director
of the Orville H. Schell Jr. Center for International Human Rights, Yale Law School
Ellen D. Katz Ralph W. Aigler Professor of Law, University of Michigan Law School
Thomas M. Keck Michael O. Sawyer Chair of Constitutional Law and Politics, Asso­
ciate Professor, Department of Political Science, Syracuse University
Ken I. Kersch Professor, Department of Political Science, Boston College
Page 3 of 6
Contributors
Heinz Klug Evjue-Bascom Professor in Law; Director, Global Legal Studies Center,
University of Wisconsin Law School
Neil Komesar Miller Professor of Law Emeritus, University of Wisconsin Law
School
Sanford V. Levinson W. St. John Garwood and W. St. John Garwood, Jr. Centennial
Chair and Professor of Government, University of Texas at Austin
Linda C. McClain Paul M. Siskind Research Scholar, Professor of Law, Boston Uni­
versity School of Law
Gerard N. Magliocca Samuel R. Rosen Professor of Law, Indiana University, Robert
H. McKinney School of Law
Gillian E. Metzger Stanley H. Fuld Professor of Law, Columbia Law School
Wayne D. Moore Associate Professor, Department of Political Science, Virginia
Tech
Russell Muirhead Robert Clements Professor of Democracy and Politics, and Asso­
ciate Professor of Government, Dartmouth College
Gerald L. Neuman J. Sinclair Armstrong Professor of International, Foreign, and
Comparative Law, Harvard Law School
Page 4 of 6
Contributors
Julie Novkov Professor of Political Science and Women's and Gender Studies, Uni­
versity at Albany, SUNY
Lucas A. Powe Jr. Anne Green Regents Chair in Law and Professor of Government,
University of Texas at Austin
Jedediah Purdy Robinson O. Everett Professor of Law, Duke Law School
David Brian Robertson Curators Teaching Professor, Department of Political
Science, University of Missouri-St. Louis
Nancy L. Rosenblum Senator Joseph Clark Professor of Ethics in Politics and Gov­
ernment, Department of Government, Harvard University
Girardeau A. Spann James and Catherine Denny Professor of Law, Georgetown
University Law Center
(p. xi) Bartholomew H. Sparrow Professor, Department of Government, University
of Texas at Austin
Maxwell L. Stearns Associate Dean for Research and Faculty Development, Profes­
sor of Law and Marbury Research Professor, University of Maryland Francis King
Carey School of Law
Carol S. Steiker Henry J. Friendly Professor of Law, Harvard Law School
Page 5 of 6
Contributors
David A. Strauss Gerald Ratner Distinguished Service Professor of Law, University
of Chicago Law School
Winnifred Fallers Sullivan Professor, Department Chair, Department of Religious
Studies, Indiana University Bloomington
Mark Tushnet William Nelson Cromwell Professor of Law, Harvard Law School
Adrian Vermeule John H. Watson, Jr. Professor of Law, Harvard Law School
Bill White Chairman, Lazard, Houston Financial Advisory
Keith E. Whittington William Nelson Cromwell Professor of Politics, Princeton
University
Ernest A. Young Alston & Bird Professor of Law, Duke Law School
Emily Zackin Assistant Professor, Department of Political Science, Johns Hopkins
University
Mariah Zeisberg Associate Professor, Department of Political Science, University of
Michigan
(p. xii)
Page 6 of 6
Introduction: The Handbook of the United States Constitution
Introduction: The Handbook of the United States Con­
stitution  
Mark Tushnet, Mark A. Graber, and Sanford Levinson
The Oxford Handbook of the U.S. Constitution
Edited by Mark Tushnet, Mark A. Graber, and Sanford Levinson
Print Publication Date: Oct 2015 Subject: Law, Constitutional and Administrative Law
Online Publication Date: Nov 2015 DOI: 10.1093/oxfordhb/9780190245757.013.1
Abstract and Keywords
This book provides a comprehensive guide to the U.S. Constitution. It examines constitu­
tional developments based on a periodization scheme that partly reflects important
changes in constitutional governance, from the Jacksonian Era to the beginning of the
1980s. With its general historical institutionalist orientation, the book blurs precise dis­
tinctions between political science and law, with particular emphasis on the role of politi­
cal parties, interest groups, and bureaucrats in operating a constitution designed to pre­
vent the rise of parties, interest-group politics, and an entrenched bureaucracy. It also
considers exertions of power by the Supreme Court, along with the national executive
and Congress; federalism, liberty, property, and religion; free expression and free press;
criminal procedure and habeas corpus; and the right to bear arms. In addition, the book
discusses Native Americans, race, gender, and citizenship to illustrate contemporary con­
stitutional struggles for equality; the constitutional status of international law, constitu­
tionalism, and constitutional authority.
Keywords: United States, Constitution, federalism, liberty, religion, free expression, race, gender, citizenship,
equality
EFFORTS to provide comprehensive guides to the United States Constitution date from
its framing and ratification. The Federalist was the first self-conscious handbook on the
United States Constitution. Those essays were designed to persuade wavering delegates,
particularly to the New York ratification convention, that the Constitution was worth sup­
porting (and ratifying, as happened in New York, by the vote of 30-27). Unlike the original
and subsequent treatises or comprehensive guides, this Handbook is not motivated by a
“cheerleading” impulse. Although this Handbook contains no specific chapter on what
might be termed the “adequacy” of the Constitution in the twenty-first century, the very
structure of this text, as well as many specific entries raise questions relevant to such an
inquiry, even as other entries might be read as more admiring of the Constitution.
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