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"An earlier version of this essay was published as "A More Perfect Union: The Framing and Ratification of the Constitution," in The Oxford Handbook of the American Revolution, eds. Edward G. Gray and Jane Kamensky (New York: Oxford University Press, 2013), 388-406. Reproduced by permission of Oxford University Press (http://global.oup.com/academic)"
In this fascinating study, Ely examines the legal history of Federalism from its inception in the early American Republic as an abstract and limited concept, throughout its development in the nineteenth century into a more tangible and ubiquitous presence in the daily lives of average Americans.
Historically, debates over the meaning of religious liberty in the United States has taken place largely at the local level. Linda Przybyszewski examines the origins of this sociopolitical custom and how it changed in the late nineteenth and twentieth centuries as the Supreme Court opened the door to federal challenges to local religious interpretations of the First Amendment.
Tushnet traces the concept of legal rightsthrough the 20th century--from their origins in classical liberalism, fashioned in legislatures and emphasizing choice and contract, to notions of personal autonomy and equality protected by the judicial system.
As a result, American women played a peripheral role in constitutional history until 1920. This pamphlet looks at this role as it developed throughout the nineteenth-century, culminating in 1920 with the passing of the women's sufferage amendment in 1920.
In his essay, Michael Les Benedict surveys the impact of the Constitution on the creation, development, and organization of political parties. Drawing examples from the time of the Founding Fathers, Benedict also explores the impact of political parties on the shaping of the Constitution to the present day.
Keith Whittington discusses the history and development of judicial review. Analyzing the arguments for and against judicial review, Whittington also relates its impact on Constiutional law throughout American history.
This fascinating new entry focuses on the historical relationship of the U.S. Constitution and immigration, and how the concept of citizenship, as defined by the state, has evolved throughout the past 200 years.
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