Author(s): Donald L. Drakeman
Publisher: Cambridge University Press
Year: 2010
Language: English
Commentary: More best quality
Half-title
Title
Copyright
Contents
Preface
1 Introduction
2 Reynolds: The Historical Construction of Constitutional Reality
The Background
The Case
The Opinion
The History
Which History?
Conclusion
3 Everson: A Case of Premeditated Law Office History
Introduction
Religion and Education: The Background
The Everson Case – The Arguments
The Opinions: Justices Black and Rutledge
Justice Black’s Majority Opinion
Justice Rutledge’s Dissenting Opinion
Confessions of a Law Office Historian
The Justices and the Historians
Conclusion
4 The Battle for the Historical High Ground
McCollum v. Board of Education
The Scholarly Debate
Will This Debate Ever End?
5 Original Meanings: Where Is the Historical High Ground?
Amendment Proposals
The First Congress
Ratification
The Meaning of “Establishment”
Interpreting the Evidence
The Enhanced Federalism Argument
Nonpreferentialism
Post-Adoption Evidence
The Founding Fathers
Conclusion
6 Incorporating Originalism
Introduction
Days of Prayer and Thanksgiving
Church Services
Chaplains
Church Incorporations
Sunday Mails
Federal Indian Policy
Amendment Proposals
Nineteenth-Century Lessons (if any)
7 Conclusion
The Clause That Didn’t Bark in the Night
Constitutional History and Constitutional Interpretation
Bibliography
Cases
Articles and Chapters
Books
Other
Index
