Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution's framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War's impact on race and gender relations, the experiment in national prohibition, women's suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation's fundamental law.

The 1803 purchase of the Louisiana Territory was a watershed event for the fledgling United States. Adding some 829,000 square miles of territory, the Louisiana Purchase set a striking precedent of Presidential power and brought to the surface profound legal and constitutional questions. As the nation continued to expand westward and into the Pacific and Caribbean, critical social, political and constitutional questions arose that greatly tested American resolve and reshaped the nation's founding premises. In this exciting collection, Sanford Levinson and Bartholomew Sparrow bring together noted scholars in American history, constitutional law, and political science to examine role that the Louisiana Purchase played in shaping both the expansionist policies of the nineteenth century and critical interpretations of the Constitution. The Louisiana Purchase and American Expansion, 1803 1898 provides a fascinating overview of how the U.S. Constitution and the American political system is inextricably tied to the Louisiana Purchase and the territorial expansion of the United States."

The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay's celebrated "American System" of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment...As a reference work for constitutional teachers, it is a gold mine."--Charles A. Lofgren, Constitutional Commentary

This is an examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government. The first half of the book is devoted to the work of the First Congress, which was virtually a continuation of the Constitutional Convention, setting up the executive cabinet departments, the judiciary, a taxation system, and a host of other institutions. The second part of the book examines the Second to the Sixth Congresses, where partisan battles arose over such controversial initiatives as the Alien and Sedition Acts.

The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts. "Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."--Robert Stevens, New York Times Book Review

A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press.
A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation.
"Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."--"Appellate Practice Journal and Update"