The Online Library of Liberty A Project Of Liberty Fund, Inc. James McClellan, Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government [1989] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. LIBERTY FUND, INC. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government Edition Used: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.) (Indianapolis: Liberty Fund, 2000). Author: James McClellan About This Title: Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses. PLL v6.0 (generated September, 2011) 2 http://oll.libertyfund.org/title/679 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government About Liberty Fund: Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright Information: The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc. Fair Use Statement: This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. PLL v6.0 (generated September, 2011) 3 http://oll.libertyfund.org/title/679 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government Table Of Contents About the Author Preface Part 1: The Constitution’s Deep Roots Points to Remember The Meaning of Constitutional Government The Lamp of Experience The Constitutions of Antiquity English Origins of America’s Constitution The Growth of Parliament The Challenge of Parliamentary Supremacy The Common Law Tradition The Republican Tradition and the Struggle For Constitutional Liberty The Influence of Continental Thinkers The Education of the Founders The French and American Revolutions Compared Appendix A: Relevant Chapters of Magna Charta (1215) Appendix B: Petition of Right (1628) Appendix C: The English Bill of Rights (1689) an Act For Declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown. Part 2: America’s First Constitutions and Declarations of Rights Points to Remember Colonial Governments Relations With Great Britain Local Government In the Colonies Civil Liberties In the Colonies The Movement Toward Independence The Declaration of Independence The Rights Proclaimed The First State Constitutions, 1776–1783 The Articles of Confederation Appendix A: the Mayflower Compact Appendix B: Fundamental Orders of Connecticut Appendix C: Declaration and Resolves of the First Continental Congress Appendix D: Declaration of the Causes and Necessity of Taking Up Arms Appendix E: the Declaration of Independence (1776) Appendix F: Virginia Bill of Rights Appendix G: Thoughts On Government Appendix H: Massachusetts Constitution of 1780 Appendix I: Articles of Confederation (1778) Part 3: The Achievement of the Philadelphia Convention Points to Remember The Problems of the Convention The Delegates to the Convention A Wide Range of Talents PLL v6.0 (generated September, 2011) 4 http://oll.libertyfund.org/title/679 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government Plans and Progress At Philadelphia The Meaning of “federal” The Virginia Plan: a Supreme National Government Hamilton’s Concept of a Unified America The New Jersey Plan:checks Upon Central Power The Benefits of Compromise Compromise and Consensus Appendix A: Virginia Plan Appendix B: New Jersey Plan Appendix C: Constitution of the United States of America (1787) Part 4: Basic Constitutional Concepts: Federalism, Separation of Powers, and Rule of Law Points to Remember A.: Federalism Powers Delegated to Congress Powers Denied to Congress Powers Denied to the States The Division of Powers The Supremacy Clause National and State Obligations Obligations of the National Government to the States Obligations of the States to the National Government Obligations of the States to Each Other The Role of the States In the Amendment Process The Federalism Factor The Advantages of Federalism The Future of Federalism B.: the Separation of Powers Checks and Balances Checks Upon the Congress Checks Upon the President Checks Upon the Judiciary The Independence of Congress The Independence of the President The Independence of the Judiciary Summary and Review Separation of Powers: a Critical Evaluation Separation of Powers At the Crossroads C.: The Rule of Law The Basic Principles of the American Constitution Appendix A: the Federalist No. 10 Appendix B: the Federalist No. 45 Appendix C: The Federalist No. 47 Part 5: Defending the Constitution: the Struggle Over Ratification and the Bill of Rights Points to Remember A.: the Anti-federalist Persuasion The Constitution Establishes a Consolidated Empire PLL v6.0 (generated September, 2011) 5 http://oll.libertyfund.org/title/679 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government The Constitution Establishes an Aristocracy The Constitution Confers Too Much Power An Imperial Congress An Elected Monarch An Omnipotent Judiciary B.: the Federalist Response The Constitution Limits and Distributes Power Congress Is Not an Oligarchy The President Is Not a King The Judiciary Is the Least Dangerous Branch Whether a Bill of Rights Was Necessary The Clash of Values C.: The Bill of Rights The First Amendment: Religious Freedom, and Freedom to Speak, Print, Assemble, and Petition The Second Amendment: the Right to Bear Arms The Third Amendment: Quartering Troops The Fourth Amendment: Search and Seizure The Fifth Amendment: Rights of Persons The Sixth Amendment: Rights of the Accused The Seventh Amendment: Trial By Jury In Civil Cases The Eighth Amendment: Bail and Cruel and Unusual Punishments The Ninth Amendment: Rights Retained By the People The Tenth Amendment: Rights Retained By the States Rights Versus Duties Appendix A: the Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to Their Constituents Appendix B: Northwest Ordinance (1787) Part 6: Interpreting and Preserving the Constitution Points to Remember Principles of Statutory Construction The Doctrine of Judicial Review The Supreme Court As Final Interpreter The States As Final Interpreters Strict Versus Loose Construction The Independence of the Judiciary A.: Origins of Judicial Independence B.: the Judicial Power C.: Jurisdiction Appendix A: Marbury V. Madison Appendix B: Martin V. Hunter’s Lessee Appendix C: Washington’s Farewell Address (1796) Part 7: Changing the Constitution—together With an Explanation of the Amendments Added Since 1791 Points to Remember Our Living Constitution Our Changing Constitution Amending the Constitution PLL v6.0 (generated September, 2011) 6 http://oll.libertyfund.org/title/679 Online Library of Liberty: Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government The Limits of the Amending Power The Amended Constitution A.: Amendment Xi (1798) B.: Amendment Xii (1804) C.: Amendment Xiii (1865) D.: Amendment Xiv (1868) E.: Amendment Xv (1870) F.: Amendment Xvi (1913) G.: Amendment Xvii (1913) H.: Amendment Xviii (1919) I.: Amendment Xix (1920) J.: Amendment Xx (1933) K.: Amendment Xxi (1933) L.: Amendment Xxii (1951) M.: Amendment Xxiii