- Title Pages
- Dedication
- Preface
- Introduction
-
Part One -
I. 1790: Secretary Jefferson and the Foreign Affairs Power -
II. 1791: The National Bank and the Point of Interpretation -
III. 1793: The Supreme Court and the Metaphysics of Sovereignty -
IV. 1794: Kamper v. Hawkins and the Role of the Judiciary -
V. 1798 (1): Justice Paterson and the Missing Fundamental Principle -
Part Two -
VI. 1798 (2): How to Think about the Sedition Act -
VII. 1800: Marshall and the Role of the Political Branches -
VIII. 1802: How Not to Think about the Judiciary Repeal Act -
IX. 1804: Turpin v. Locket and the Place of Religion -
X. 1806: Hudgins v. Wright and the Place of Slavery -
XI. 1808–1809: A Forgotten Crossroads in Constitutional History -
Part Three -
XII. 1817: President Madison Vetoes His Own Bill -
XIII. 1818: The Congress Thinks about Internal Improvements -
XIV. 1821: The Attorney General and the Rule of Law -
XV. 1829: Writing State v. Mann -
Part Four -
XVI. 1859: The Supreme Court and the Metaphysics of Supremacy -
XVII. 1862: Four Attorneys General and the Meaning of Citizenship -
XVIII. 1873: Slaughterhouse Revisited -
XIX. 1904: Clay May, the Railroad, and Justice Holmes -
XX. 1927: Justice Brandeis and the Final End of the State -
XXI. 1944: Constitutional Injustice -
Part Five -
XXII. 2002: Common Ground after Two Centuries - Conclusion
- Index
Conclusion
Conclusion
The idea that a political community can be built on words is, from many perspectives, chimerical or even farcical. Mao Tse-tung wrote that “political power grows out of the barrel of a gun,” and the history of the American Republic could supply abundant evidence for his dictum, from the Revolutionary War that made the Republic possible on. The maintenance of the constitutional Union itself during the crisis of 1860 to 1865 was the product of a bloody civil war, and many provisions of the Constitution's text are a reminder that this was no aberration, that as law the Constitution rests ultimately on the willingness of men and women to enforce it by violent means. State v. Mann and Korematsu v. United States bear witness to the fact that Americans are no more immune than any other human beings from the temptation to refuse to talk, to exclude others from what Doctorow called the “community of discourse.”
Keywords: political community, political powers, civil war, State v. Mann, community of discourse, law enforcement
Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.
- Title Pages
- Dedication
- Preface
- Introduction
-
Part One -
I. 1790: Secretary Jefferson and the Foreign Affairs Power -
II. 1791: The National Bank and the Point of Interpretation -
III. 1793: The Supreme Court and the Metaphysics of Sovereignty -
IV. 1794: Kamper v. Hawkins and the Role of the Judiciary -
V. 1798 (1): Justice Paterson and the Missing Fundamental Principle -
Part Two -
VI. 1798 (2): How to Think about the Sedition Act -
VII. 1800: Marshall and the Role of the Political Branches -
VIII. 1802: How Not to Think about the Judiciary Repeal Act -
IX. 1804: Turpin v. Locket and the Place of Religion -
X. 1806: Hudgins v. Wright and the Place of Slavery -
XI. 1808–1809: A Forgotten Crossroads in Constitutional History -
Part Three -
XII. 1817: President Madison Vetoes His Own Bill -
XIII. 1818: The Congress Thinks about Internal Improvements -
XIV. 1821: The Attorney General and the Rule of Law -
XV. 1829: Writing State v. Mann -
Part Four -
XVI. 1859: The Supreme Court and the Metaphysics of Supremacy -
XVII. 1862: Four Attorneys General and the Meaning of Citizenship -
XVIII. 1873: Slaughterhouse Revisited -
XIX. 1904: Clay May, the Railroad, and Justice Holmes -
XX. 1927: Justice Brandeis and the Final End of the State -
XXI. 1944: Constitutional Injustice -
Part Five -
XXII. 2002: Common Ground after Two Centuries - Conclusion
- Index