Full Description
The Constitution of 1789 is a new introduction to the Constitution written on the semiquincentennial of American Independence, packed with novel and surprising insights about the Constitution's original meaning. The book takes the reader on an in-depth tour of the Constitution's structure and separation of powers, starting with the nature of written constitutions and the compound nature of the American Union. The book also explores the enumeration of legislative powers and its relation to the historic royal prerogatives, the meaning of executive power, and the distribution of foreign affairs and war powers between Congress and the President. It investigates the nature of judicial power and the Constitution's complex relationship with slavery, before addressing federalism and the scope of national powers. The Constitution of 1789 dismantles several common misconceptions and conventional wisdoms and is suitable for all readers interested in the law, politics, and history of the American Republic.
Contents
Introduction; Part I. Constitutional Union: 1. The written constitution; 2: The compound republic; Part II. The Legislative Power: 3. Enumeration; 4. Implied powers; Part III. The Executive Power: 5. Creating the presidency; 6. Overseeing law execution; 7. The fourth branch; Part IV. Separation of Powers (I): 8. Emergency powers; 9. Foreign affairs; 10. War; Part V. Separation of Powers (II): 11. Nondelegation; 12. The legislative veto; Part VI. The Judicial Power: 13. Article III and judicial review; 14. Dred Scott: the constitution and slavery; 15. Departmentalism; Part VII. Federalism: 16. Commerce; 17. State sovereignty; 18. Taxing and spending.
