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I.
Introduction: Whose Constitution?
On the Constitutional
Convention and the Founding, many books have been
written and are readily available. Here is a good
web resource:
http://teachingamericanhistory.org/
For an overview of
research on the origins of the Constitution, see
Alan Gibson, Interpreting the Founding: Guide to
the Enduring Debates over the Origins and
Foundations of the American Republic, 2nd
ed. (Lawrence: University Press of Kansas, 2010)
On the people as the
author of the Constitution, see Larry Kramer, The
People Themselves: Popular Constitutionalism and
Judicial Review (New York: Oxford University
Press, 2005); and my chapter, “Who Has Authority
over the Constitution of the United States?” in
Steven Kautz, Arthur Melzer, Jerry Weinberger, and
M. Richard Zinman, eds., The Supreme Court and
the Idea of Constitutionalism (Philadelphia:
University of Pennsylvania Press, 2009), pp. 95-111,
270-272.
II. Federalism
See Alexander
Hamilton, James Madison, John Jay, The Federalist,
esp. ##9, 10, 14, 15, 39, 45. My interpretation of
The Federalist is developed in “The New
Constitutionalism of Publius,” in Bryan-Paul Frost &
Jeffrey Sikkenga, eds., History of American
Political Thought (Lanham, MD: Lexington Books,
2003), pp. 230-247.
On the origins of
American federalism and some early disputes, see
Forrest McDonald, States’ Rights and the Union:
Imperium in Imperio, 1776-1876 (Lawrence:
University Press of Kansas, 2002). On the modern
crisis in federal-state relations, see Robert Nagel,
The Implosion of American Federalism (New
York: Oxford University Press, 2001), and Michael
Greve, Real Federalism: Why It Matters, How It
Could Happen (Washington: AEI Press, 1999). For
a discussion of constitutionalism in the states, see
The American State Constitutional Tradition
(Lawrence: University Press of Kansas, 2006).
III. Separation
of Powers
See The Federalist,
esp. ##47-51, 55-57, 62, 70, 78; and my article
cited above.
Most of political
science writing on Congress in recent years stresses
what one scholar calls the “electoral connection”
rather than the constitutional dimensions of the
institution. For the sources of executive power,
see Harvey Mansfield, Taming the Prince: The
Ambivalence of Modern Executive Power (New York:
Free Press, 1989). The books mentioned in the
biography above give my reading of the origins of
judicial power in English common law; the second
book includes a bibliographic essay with further
readings mentioned. See also the work of Walter
Berns, Taking the Constitution Seriously (New
York: Simon & Schuster, 1987).
IV. Rights
The standard work is
now Akhil Reed Amar, The Bill of Rights: Creation
and Reconstruction (New Haven, CT: Yale
University Press, 2000), but my account differs in
perspective, as I think most of our rights predate
the “creation” of the instrument. See my
Common-Law Liberty, referenced above, and for a
complementary view, Michael Zuckert, The Natural
Rights Republic (South Bend, IN: University of
Notre Dame Press, 1996). For a study of the role of
the states in protecting rights in the early years
of the republic, see John Dinan, Keeping the
People’s Liberties (Lawrence: University Press
of Kansas, 1998). For an older critique of modern
rights litigation see Richard Morgan, Disabling
America: The “Rights Industry” in Our Time (New
York: Basic Books, 1986).
V.
Republicanism
A few general
scholarly works on the Constitution and its
interpretation are George Thomas, The Madisonian
Constitution (Baltimore: The Johns Hopkins
University Press, 2008); Keith Whittington,
Constitutional Interpretation (Lawrence:
University Press of Kansas, 1999); Johnathan
O’Neill, Originalism in American Law and Politics
(Baltimore: The Johns Hopkins University Press,
2007). The grand tome on republicanism is Paul
Rahe, Republicanism Ancient and Modern
(Chapel Hill: University of North Carolina Press,
1992).
Finally, a handy
citizens’ reference on the Constitution which
displays the republican spirit is Edwin Meese,
Matthew Spalding, and David Forte, eds., The
Heritage Guide to the Constitution (Washington:
Regnery, 2005). See also Matthew Spalding, We
Still Hold These Truths: Rediscovering Our
Principles, Reclaiming Our Future (Wilmington,
DE: ISI Books, 2009.

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