The Constitution in Congress: The Federalist Period, 1789-1801
by David P. Currie
University of Chicago Press, 1997 Cloth: 978-0-226-13114-6 | Paper: 978-0-226-13115-3 Library of Congress Classification KF4541.C834 1997 Dewey Decimal Classification 342.73029
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ABOUT THIS BOOK
In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government.
"A joy to read."—Appellate Practive Journal and Update
"[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement
TABLE OF CONTENTS
Preface
Abbreviations and Shortened Titles Part One: The First Congress, 1789-1791
Introduction to Part One
1. The New Government
I. Congress
A. Rules
B. Records
C. Officers
D. Oaths
E. Instructions
F. Qualifications
G. Elections
H. Enumeration
I. Investigation
II. The Special Role of the Senate
A. The French Consular Convention
B. The Fishbourn Affair
C. The Southern Indians
D. The Fort Harmar Treaties
III. The Executive Branch
A. The President's Role in Legislation
B. Emoluments and Titles
C. The Department of Foreign Affairs
D. Other Officers
IV. The Courts
A. The Lower Federal Courts
B. The Supreme Court
2. Substantive Legislation
1. Taxes and Trade
A. Tariffs and Tonnage
B. Whiskey
C. Ship Licensing
D. Inspection Laws
E. Seamen
F. The Slave Trade
II. Spending
A. Appropriations
B. Lighthouses
C. Other Spending Proposals
III. The Public Credit
A. Paper Money
B. The Question of Full Payment
C. The Assumption of State Debts
IV. The Bank of the United States
V. Military, Indian, and Foreign Affairs
A. Soldiers
B. Indians
C. Pirates
VI. Miscellany
A. Naturalization
B. Patents and Copyrights
C. Crimes
D. States
E. Territories
F. The Seat of Government
VII. The Bill of Rights
Conclusion to Part One Part Two: The Federalists, 1791-1801 Introduction to Part Two 3. The Second Congress, 1791-1793 I. Congress II. The President A. The Electoral College B. Succession C. Special Elections III. The Post Office A. Delegation B. Federalism and Other Problems IV. The Mint V. The Courts VI. The Militia A. Organization B. Employment VII. The Army VIII. The Treasury IX. Codfish X. Fugitives XI. Summary 4. The Third Congress, 1793-1795 I. Neutrality A. The Proclamation B. The Aftermath II. Defense A. The Scope of Federal Authority B. The President and Congress III. St. Domingo IV. Insurrection V. Citizenship VI. The Eleventh Amendment VII. The District of New Hampshire VIII. The Southwest Delegate IX. The Flag 5. The Fourth Congress, 1795-1797 I. The Jay Treaty A. Negotiation and Approval B. The Role of the House II. Tennessee III. Congressional Powers A. Spending—Again B. Direct Taxes C. Perils of the Deep D. Kidnapping and the Right to Petition IV. Randall and Whitney 6. The Fifth and Sixth Congresses, 1797-1801 I. Troubles with France A. Declaring the Peace B. The Provisional Army C. Volunteers D. The French Treaties II. The Enemy Within A. Aliens B. Sedition C. The Expulsion of Matthew Lyon D. The Cases of Duane and Randolph E. All's Well That Ends Well III. Odds and Ends A. The Impeachment of Senator Blount B. Mr. Pinckney's Gifts C. The Mississippi Territory D. The District of Columbia IV. The Election of 1800 A. The Grand Committee B. Mr. Bayard's Conscience Conclusion Appendix: The Constitution of the United States Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
The Constitution in Congress: The Federalist Period, 1789-1801
by David P. Currie
University of Chicago Press, 1997 Cloth: 978-0-226-13114-6 Paper: 978-0-226-13115-3
In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government.
"A joy to read."—Appellate Practive Journal and Update
"[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement
TABLE OF CONTENTS
Preface
Abbreviations and Shortened Titles Part One: The First Congress, 1789-1791
Introduction to Part One
1. The New Government
I. Congress
A. Rules
B. Records
C. Officers
D. Oaths
E. Instructions
F. Qualifications
G. Elections
H. Enumeration
I. Investigation
II. The Special Role of the Senate
A. The French Consular Convention
B. The Fishbourn Affair
C. The Southern Indians
D. The Fort Harmar Treaties
III. The Executive Branch
A. The President's Role in Legislation
B. Emoluments and Titles
C. The Department of Foreign Affairs
D. Other Officers
IV. The Courts
A. The Lower Federal Courts
B. The Supreme Court
2. Substantive Legislation
1. Taxes and Trade
A. Tariffs and Tonnage
B. Whiskey
C. Ship Licensing
D. Inspection Laws
E. Seamen
F. The Slave Trade
II. Spending
A. Appropriations
B. Lighthouses
C. Other Spending Proposals
III. The Public Credit
A. Paper Money
B. The Question of Full Payment
C. The Assumption of State Debts
IV. The Bank of the United States
V. Military, Indian, and Foreign Affairs
A. Soldiers
B. Indians
C. Pirates
VI. Miscellany
A. Naturalization
B. Patents and Copyrights
C. Crimes
D. States
E. Territories
F. The Seat of Government
VII. The Bill of Rights
Conclusion to Part One Part Two: The Federalists, 1791-1801 Introduction to Part Two 3. The Second Congress, 1791-1793 I. Congress II. The President A. The Electoral College B. Succession C. Special Elections III. The Post Office A. Delegation B. Federalism and Other Problems IV. The Mint V. The Courts VI. The Militia A. Organization B. Employment VII. The Army VIII. The Treasury IX. Codfish X. Fugitives XI. Summary 4. The Third Congress, 1793-1795 I. Neutrality A. The Proclamation B. The Aftermath II. Defense A. The Scope of Federal Authority B. The President and Congress III. St. Domingo IV. Insurrection V. Citizenship VI. The Eleventh Amendment VII. The District of New Hampshire VIII. The Southwest Delegate IX. The Flag 5. The Fourth Congress, 1795-1797 I. The Jay Treaty A. Negotiation and Approval B. The Role of the House II. Tennessee III. Congressional Powers A. Spending—Again B. Direct Taxes C. Perils of the Deep D. Kidnapping and the Right to Petition IV. Randall and Whitney 6. The Fifth and Sixth Congresses, 1797-1801 I. Troubles with France A. Declaring the Peace B. The Provisional Army C. Volunteers D. The French Treaties II. The Enemy Within A. Aliens B. Sedition C. The Expulsion of Matthew Lyon D. The Cases of Duane and Randolph E. All's Well That Ends Well III. Odds and Ends A. The Impeachment of Senator Blount B. Mr. Pinckney's Gifts C. The Mississippi Territory D. The District of Columbia IV. The Election of 1800 A. The Grand Committee B. Mr. Bayard's Conscience Conclusion Appendix: The Constitution of the United States Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.