Description
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.
Table of Contents
Preface: The Banality of Confederate Constitutional EvilI. IntroductionII. FoundationsA. SecessionB. Sources1. The Federal Constitution and Amendments2. State Constitutions and Amendments3. Extra-Constitutional Sources of AuthorityC. Principles1. Jefferson Davis, Inaugural Addresses2. Inaugural Address of the President of the Provisional Government3. The Inaugural Address4. Robert Barnwell Rhett, The Address of the People of South Carolina, Assembled in Convention, To the People of the Slaveholding States of the United States5. Thomas S. Bocock, Speech on Becoming Speaker of the House6. Alexander Stephens, Cornerstone SpeechD. ScopeIII. Constitutional Authority and Judicial PowerA. Constitutional AuthorityB. Judicial Structure, Section and JurisdictionC. Constitutional LitigationIV. PowersA. General PrinciplesB. Congressional Power over Domestic PolicyC. Congressional Power over War and Foreign PolicyD. Federal Power to Acquire and Govern TerritoryE. Federal Power to Enforce Civil RightsF. Legislative Structure, Processes, Staffing and PrivilegesG. State Powers under State ConstitutionsV. FederalismA. The Status of States in the Federal UnionB. State Regulation of CommerceC. State Sovereign Immunity and Commandeering of State OfficialsD. PreemptionE. Relationships Between StatesVI. Separation of PowersA. Presidential and Foreign Policy PowersB. Domestic Powers of the PresidentC. Presidential Power to Execute the LawD. Appointment and Removal PowersE. Delegation and Administrative AgenciesVII. Individual RightsA. Property Rights1. Contracts2. Takings3. Due ProcessB. Religion1. Establishment2. Free ExerciseC. GunsD. Person Freedom and Public MoralityVIII. Democratic RightsA. Free SpeechB. Voting RightsC. CitizenshipIX. EqualityA. Equality Under LawB. RaceC. GenderD. Native AmericansX. Criminal JusticeA. Due ProcessB. Habeas CorpusC. Search and SeizureD. Investigation and InterrogationsE. JuriesF. AttorneysG. PunishmentsH. Infamous Crimes and CriminalsBibliographyIndex
