(Source: Oxford University Press)
Oxford
University Press will publish a book on the constitution of the confederate
states next month. The book can be pre-ordered
here.
ABOUT
The Complete
American Constitutionalism is designed to be the comprehensive treatment and
source for debates on the American constitutional experience. It provides the
analysis, resources, and materials both domestic and foreign readers must
understand with regards to the practice of constitutionalism in the United
States.
This first part
to Volume Five of the series covers: The Constitution of the Confederate
States. The authors offer a comprehensive analysis of the constitution of the
Confederate States during the American Civil War. Confederate constitutionalism
presents the paradox of a society constitutionally committed to human and white
supremacy whose constitutional materials rarely dwell on human bondage and
racism. The foundational texts of Confederate constitutionalism maintain that
racial slavery was at the core of secession and southern nationality. This
volume provides the various speeches, ordinances and declarations, cases, and a
host of other sources accompanied by detailed historical commentary.
AUTHOR INFORMATION
Mark A. Graber
is the University System of Maryland Regents Professor at the University of
Maryland's Francis King Carey School of Law. He authored many books and
articles focusing on American constitutional law, development, theory, and
politics. He has been the section chair of the Public Law Section of the
American Political Science Association and the Constitutional Law Section of
the American Association of Law Schools.
Howard Gillman
is Chancellor and Professor of Political Science, History, and Law at the
University of California, Irvine. He has authored many books, contributed book
chapters, and articles among which include: The Constitution Besieged: The Rise
and Demise of Lochner Era Police Powers Jurisprudence (1993); and The Votes
That Counted: How the Court Decided the 2000 Presidential Election (2001). He
received a number of awards for his scholarly contributions, including the C.
Herman Pritchett Award for best book in the field of public law, and the
American Judicature Society Award for best paper presented at a regional or
national conference, both bestowed by the Law & Courts Section of the
American Political Science Association. He has chaired that section and been
honored by it for exceptional service and mentoring.
TABLE OF CONTENTS
Preface: The
Banality of Confederate Constitutional Evil
I. Introduction
II. Foundations
A. Secession
B. Sources
1. The Federal
Constitution and Amendments
2. State
Constitutions and Amendments
3.
Extra-Constitutional Sources of Authority
C. Principles
1. Jefferson
Davis, Inaugural Addresses
2. Inaugural
Address of the President of the Provisional Government
3. The Inaugural
Address
4. Robert
Barnwell Rhett, The Address of the People of South Carolina, Assembled in
Convention, To the People of the Slaveholding States of the United States
5. Thomas S.
Bocock, Speech on Becoming Speaker of the House
6. Alexander
Stephens, Cornerstone Speech
D. Scope
III.
Constitutional Authority and Judicial Power
A.
Constitutional Authority
B. Judicial
Structure, Section and Jurisdiction
C.
Constitutional Litigation
IV. Powers
A. General
Principles
B. Congressional
Power over Domestic Policy
C. Congressional
Power over War and Foreign Policy
D. Federal Power
to Acquire and Govern Territory
E. Federal Power
to Enforce Civil Rights
F. Legislative
Structure, Processes, Staffing and Privileges
G. State Powers
under State Constitutions
V. Federalism
A. The Status of
States in the Federal Union
B. State
Regulation of Commerce
C. State
Sovereign Immunity and Commandeering of State Officials
D. Preemption
E. Relationships
Between States
VI. Separation
of Powers
A. Presidential
and Foreign Policy Powers
B. Domestic
Powers of the President
C. Presidential
Power to Execute the Law
D. Appointment
and Removal Powers
E. Delegation
and Administrative Agencies
VII. Individual
Rights
A. Property
Rights
1. Contracts
2. Takings
3. Due Process
B. Religion
1. Establishment
2. Free Exercise
C. Guns
D. Person
Freedom and Public Morality
VIII. Democratic
Rights
A. Free Speech
B. Voting Rights
C. Citizenship
IX. Equality
A. Equality
Under Law
B. Race
C. Gender
D. Native
Americans
X. Criminal
Justice
A. Due Process
B. Habeas Corpus
C. Search and
Seizure
D. Investigation
and Interrogations
E. Juries
F. Attorneys
G. Punishments
H. Infamous
Crimes and Criminals
Bibliography
Index
More information
on the publisher’s
website
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