The Constitution in Congress: The Federalist Period, 1789-1801In 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 |
From inside the book
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Contents
THE NEW GOVERNMENT | 3 |
A Rules | 5 |
C Officers | 7 |
D Oaths | 9 |
E Instructions | 11 |
F Qualifications | 12 |
G Elections | 13 |
H Enumeration | 15 |
V The Courts | 150 |
VI The Militia | 153 |
B Employment | 156 |
VII The Army | 159 |
VIII The Militia | 160 |
IX Codfish | 164 |
X Fugitives | 166 |
XI Summary | 167 |
I Investigation | 16 |
II The Special Role of the Senate | 17 |
A The French Consular Convention | 18 |
B The Fishboum Affair | 19 |
C The Southern Indians | 20 |
D The Fort Harmar Treaties | 22 |
III The Executive Branch | 24 |
A The Presidents Role in Legislation | 25 |
B Emoluments and Titles | 28 |
C The Department of Foreign Affairs | 32 |
D Other Officers | 37 |
IV The Courts | 43 |
B The Supreme Court | 48 |
SUBSTANTIVE LEGISLATION | 51 |
B Whiskey | 56 |
C Ship Licensing | 58 |
D Inspection Laws | 59 |
E Seamen | 61 |
F The Slave Trade | 62 |
II Spending | 64 |
B Lighthouses | 65 |
C Other Spending Proposals | 67 |
III The Public Credit | 69 |
A Paper Money | 70 |
C The Assumption of State Debts | 72 |
IV The Bank of the United States | 74 |
V Military Indian and Foreign Affairs | 77 |
B Indians | 81 |
C Pirates | 83 |
VI Miscellany | 84 |
B Patents and Copyrights | 86 |
C Crimes | 89 |
D States | 93 |
E Territories | 99 |
F The Seat of Government | 103 |
VII The Bill of Rights | 106 |
CONCLUSION TO PART ONE | 112 |
INTRODUCTION TO PART TWO | 121 |
II The President | 132 |
B Succession | 135 |
C Special Elections | 140 |
III The Post Office | 142 |
B Federalism and Other Problems | 146 |
IV The Mint | 148 |
THE THIRD CONGRESS 17931795 | 168 |
I Neutrality | 170 |
B The Aftermath | 176 |
II Defense | 179 |
B The President and Congress | 182 |
III St Domingo | 184 |
IV Insurrection | 185 |
V Citizenship | 188 |
VI The Eleventh Amendment | 191 |
VII The District of New Hampshire | 194 |
VIII The Southwest Delegate | 196 |
IX The Flag | 200 |
THE FOURTH CONGRESS 17951797 | 202 |
I The Jay Treaty | 205 |
B The Role of the House | 207 |
II Tennessee | 213 |
III Congressional Powers | 218 |
B Direct Taxes | 221 |
C Perils of the Deep | 223 |
D Kidnapping and the Right to Petition | 225 |
IV Randall and Whitney | 228 |
THE FIFTH AND SIXTH CONGRESSES 17971801 | 235 |
A Declaring the Peace | 237 |
B The Provisional Army | 240 |
C Volunteers | 244 |
D The French Treaties | 246 |
II The Enemy Within | 249 |
A Aliens | 250 |
B Sedition | 256 |
C The Expulsion of Matthew Lyon | 259 |
D The Cases of Duane and Randolph | 262 |
E Alls Well That Ends Well | 265 |
III Odds and Ends | 270 |
A The Impeachment of Senator Blount | 271 |
B Mr Pinckneys Gifts | 277 |
C The Mississippi Territory | 280 |
D The District of Columbia | 282 |
IV The Election of 1800 | 284 |
B Mr Bayards Conscience | 288 |
CONCLUSION | 292 |
THE CONSTITUTION OF THE UNITED STATES | 295 |
INDEX | 311 |
Other editions - View all
The Constitution in Congress: The Federalist Period, 1789-1801 David P. Currie No preview available - 1997 |
The Constitution in Congress: The Federalist Period, 1789-1801 David P. Currie No preview available - 1997 |
Common terms and phrases
Adams adopted Alexander Hamilton amendment Annals appointment appropriate argued argument Article Article II Articles of Confederation authority bill Boudinot chapter cited in note citizens clause commerce committee Confederation Congress congressional consent Const Constitution Cont Cong controversy debate declare defended delegation discussion duties election electors Elkins & McKitrick enacted establish executive exercise expressly Farrand federal courts Federalist Fisher Ames Framers Gallatin Gerry Giles Hamilton Papers House impeachment James Madison Jay Treaty Jefferson Papers John Adams judges judicial jurisdiction Justice legislative legislature Letter Louis Henkin Madison Papers militia nations necessary and proper North Carolina Northwest Ordinance Northwest Territory objection officers Parliamentary Privilege President President's proposed provision punish question ratified regulate Representative Republican resolution respecting Second Century Secretary Sedgwick seemed Senate session Stat statute suggested Supreme Court T]he Territory text at notes Thomas Jefferson tion treaty United Vice-President Virginia vote Washington