Monday, April 23, 2018

Graber and Gilman's "Constitution of the Confederate States"

The latest volume in the series The Complete American Constitutionalism, by Mark A. Graber, University of Maryland Francis King Carey School of Law, and Howard Gillman, University of California, Irvine, is now out.  The series “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."  The new volume (5, pt 1) is 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.
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TOC after the jump
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