Constitutional Law in Contemporary America Institutions, Politics, and Process

ISBN-10: 0195390091

ISBN-13: 9780195390094

Edition: 2010

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Description: Constitutional Law in Contemporary America is a two-volume undergraduate textbook on American constitutional law. Its format fits the traditional two-semester constitutional law sequence that many undergraduate institutions offer, usually through departments of government or political science. The first volume includes cases dealing with the three branches of the national government, federalism, the relation between the citizen and the political process, and with the kinds of property questions that dominated the Court through the first century of its history and continue to be relevant today. The second volume covers other civil rights and liberties issues such as are addressed in the Bill of Rights (as subsequently applied to the states), and in the Reconstruction Amendments. The authors have selected cases with a view to including those that are most generally accepted as part of the existing canon and to illuminate the central concepts that are usually covered in constitutional law classes. The two volumes contain all of the Supreme Court decisions that are generally accepted, according to a survey performed by the Law and Politics section of the American Political Science Association. In addition, the two volumes will include some cases decided by state courts based on state constitutional grounds in order to highlight federalism issues and draw contrasts to how state and federal courts address issues. Several lower federal court cases will be included because they demonstrate important points regarding hate speech and censorship. Finally, in contrast to many of the competing texts, these two volumes will place more stress on property rights, gender, gender orientation, foreign policy and war making, election law, and criminal due process issues.

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Book details

List price: $112.95
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 1/14/2010
Binding: Paperback
Pages: 816
Size: 8.00" wide x 10.00" long x 1.00" tall
Weight: 3.410
Language: English

David Schultz is Director of the Doctoral Program in Public Administration at Hamline University.

JOHN R. VILE is Professor and Chair of the Political Science Department at Middle Tennessee State University.

David Schultz is Professor in the School of Business at Hamline University and senior fellow at the Institute for Law and Politics at the University of Minnesota School of Law. John R. Vile is Professor of Political Science and Dean of the University Honors College at Middle Tennessee State University. Michelle D. Deardorff is Associate Professor in the Department of Political Science at Jackson State University.

Foundation, Interpretation, and Amendments of The Constitution
Timeline: Interpretation and Amendment of the Constitution
Introduction: The English Background of the U.S. Legal System
The Declaration of Independence
The Articles of Confederation
The New Constitution
The Organization and Operation of the Federal Judicial System
The Appointment, Confirmation, and Tenure of Judges and Justices
The Federalist Explains the Judicial Branch
The Jurisdiction and Power of Federal Courts
Between Judicial Activism and Judicial Restraint: Methods of Constitutional Interpretation
The Development of Judicial Review of National Legislation
Legislative Control of Judicial Jurisdiction
Judicial Review of State Legislation and Actions
Advisory Opinions
Taxpayer Suits
Deference, Justiciability, and Standing
The Political Questions Doctrine
The Extent of Judicial Remedies
A Special Note on Briefing Cases and Preparing for Classes
Judiciary Act of 1789
Federalist 78
Marbury v. Madison (1803)
Eakin v. Raub (1825)
Cohens v. Virginia (1821)
Cooper v. Aaron (1958)
Muskrat v. United States (1911)
Frothingham v. Mellon (1923)
Flast v. Cohen (1968)
Chevron v. National Resources Defense Council (1984)
Lujan v. Defenders of Wildlife (1992)
Luther v. Borden (1849)
Coleman v. Miller (1939)
Baker v. Carr (1962)
Powell v. McCormack (1969)
Ex Parte McCardle (1869)
Missouri v. Jenkins (1995)
Nature Of The Federal Union
Timeline: Federalism
Distribution of Federal Power
The Necessary and Proper Clause
The Scope of the Treaty Power
Federal Supersession
Selection from Virginia and Kentucky Resolutions (1898)
McCulloch v. Maryland (1819)
Andrew Jackson's Veto of the Bank Bill
Missouri v. Holland (1920)
Pennsylvania v. Nelson (1956)
Pacific Gas & Electric v. State Energy Resources (1983)
Federalism
Qualifications Clause
Eleventh Amendment
Judicial Intervention
Sexual Preferences as an Issue of Federalism
Racial Discrimination and Federalism
National League of Cities v. Usery (1976)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
U.S. Term Limits v. Thornton (1995)
Seminole Tribe of Florida v. Florida (1996)
Board of Trustees of University of Alabama v. Garrett (2001)
Kimel v. Florida Board of Regents (2000)
Tennessee v. Lane (2004)
Michigan v. Long (1983)
Texas Railroad Commission v. Pullman (1941)
City of Boerne v. Flores (1997)
Bowers v. Hardwick (1986)
Powell v. Georgia (1998)
Lawrence v. Texas (2003)
Goodridge v. Commonwealth of Massachusetts (2003)
Defense of Marriage Act (1996)
Legislative Powers Over Commerce, Taxing, and Spending
Timeline: Legislative Powers
Increased Powers Under the Current Constitution
Federal Commerce Powers
The Development of Two Rival Lines of Precedent
The New Deal
Modern Applications of the Commerce Clause
Taxation and Spending Powers
Other Congressional Powers
Gibbons v. Ogden (1824)
Champion v. Ames (1903)
Hammer v. Dagenhart (1918)
United States v. Schechter Poultry Corporation (1935)
NLRB v. Jones & Laughlin Steel Corporation (1937)
United States v. Darby (1937)
Wickard v. Filburn (1942)
Heart of Atlanta v. United States (1964)
New York v. United States (1992)
United States v. Lopez (1995)
United States v. Morrison (2000)
Granholm v. Heald (2005)
Gonzales v. Raich (2005)
Bailey v. Drexel Furniture (1922)
United States v .Butler (1936)
Steward Machine v. Davis (1937)
South Dakota v. Dole (1987)
Congress and The President
Timeline: Congress and the President
Separation of Powers
Delegation of Legislative Power
Schechter Poultry v. United States (1935)
Immigration and Naturalization Services v. Chadha (1983)
Mistretta v. United States (1989)
Appointment and Removal Powers
Bowsher v. Synar (1986)
Morrison v. Olson (1988)
Presidential Signing Statements
Congressional Investigatory Power
McGrain v. Daugherty (1927)
Watkins v. United States (1957)
Barenblatt v. United States (1959)
Gravel v. United States (1972)
Executive Privilege
United States v. Nixon (1974)
Clinton v. Jones (1997)
In re Grand Jury Subpoena Duces Tecum (1997)
Veto Power
Clinton v. City of New York (1998)
Budgetary and Spending Authority
Presidential Pardoning Power
Ex parte Garland (1866)
Murphy v. Ford (1975)
Property Rights and Substantive Due Process
Timeline: Property Rights and Substantive Due Process
Ex Post Facto Laws
The Clause Protecting the Obligation of Contract
Calder v. Bull (1798)
Dartmouth College v. Woodward (1819)
Charles River Bridge Company v. Warren Bridge Company (1837)
Home Building & Loan Association v. Blaisdell (1934)
U.S. Trust Company v. New Jersey (1977)
Allied v. Spannaus (1978)
The Rise of Substantive Due Process
The New Deal and the End of Lochner Era
Corfield v. Coryell (1823)
Slaughterhouse Cases (1973)
Munn v. Illinois (1877)
Mugler v. Kansas (1887)
Allgeyer v. State of Louisiana (1897)
Lochner v. New York (1905)
Brandeis Brief
Muller v. Oregon (1908)
Adkins v. Children Hospital (1923)
Nebbia v. New York (1934)
West Coast Hotel Company v. Parrish (1937)
United States v. Carolene Products (1938)
Ferguson v. Skrupa (1963)
Lingle v. Chevron U.S.A. Inc., (2005)
BMW of North America, Inc. v. Gore (1996)
Property Rights and Eminent Domain
Timeline: Property Rights and Eminent Domain
Just Compensation
Barron v. Baltimore (1833)
Chicago, B. & Q. R. Company v. City of Chicago (1897)
What Constitutes a Taking?
Pennsylvania v. Mahon (1922)
Euclid v. Ambler Realty Company (1926)
Penn Central v. New York (1978)
Loretto v. Teleprompter Manhattan CATV Corporation (1982)
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987)
Nollan v. California Coastal Commission (1987)
Lucas v. South Carolina Coastal Council (1992)
Dolan v. City of Tigard (1994)
What is a Valid Public Use?
Berman v. Parker (1954)
Hawaii Housing Authority v. Midkiff (1984)
County of Wayne v. Hathcock (2004)
Kelo v. City of New London (2005)
State Authority In A Federal System
Timeline: The States and Commerce Power
Drawing the Lines between State and Federal Commerce Power
Mayor, Aldermen, and Commonalty of City of New York v. Miln (1837)
Brown v. Maryland (1827)
Cooley v. Board of Wardens (1851)
Coe v. Errol (1886)
South Carolina State Highway Department v. Barnwell Brothers, Inc. (1938)
Southern Pacific v. Arizona (1945)
Dean Milk Company v. City of Madison (1951)
Hood v. Dumond (1948)
Edwards v. California (1941)
Philadelphia v. New Jersey (1978)
Reeves v. Stake (1980)
Baldwin v. Fish & Game Commission of Montana (1978)
California v. Cabazon Band of Mission Indians (1987)
Granholm v. Heald (2005)
Pennsylvania v. Nelson (1956)
State Taxation
Henneford v. Silas Mason Company., Inc. (1937)
Complete Auto Transit v. Brady (1977)
Quill v. North Dakota (1993)
Federal Powers In Foreign Affairs
Timeline: Foreign Affairs and the Constitution
Indian Affairs
Cherokee Nation v. Georgia (1831)
Worcester v. Georgia (1832)
Presidential Power
The Legal Effect of Executive Agreements
The Prize Cases (1863)
Ex Parte Milligan (1866)
United States v. Curtiss-Wright Export Corporation (1936)
Selective Draft Law Cases (Arver v. United States) (1918)
Youngstown Sheet and Tube v. Sawyer (1952)
Perpich v. Department of Defense (1990)
Missouri v. Holland (1920)
Medell�n v. Texas (2008)
United States v. Belmont (1937)
The Scope of the Treaty Power
Missouri v. Holland (1920)
Goldwater v. Carter (1969)
The President as Commander-in-Chief
The Prize Cases (1863)
Korematsu v. United States (1944)
Ex parte Endo (1944)
Dames & Moore v. Regan (1981)
Gulf of Tonkin Resolution
Mitchell v. United States (1967)
Mora v. McNamara (1967)
Presidential Power in a Post 9/11 World
Authorization to Use Military Force
Hamdi v. Rumsfeld (2004)
Hamdan v. Rumsfeld (2005)
Boumediene v. Bush (2008)
The Citizen and The Political Process
Timeline: Citizens and the American Election Process
The Right to Vote
Minor v. Happersett (1875)
United States v. Classic (1941)
Smith v. Allwright (1944)
Harper v. Virginia Board of Elections (1966)
Skafte v. Rorex (1976)
Lassiter v. Northampton County Board of Elections (1959)
Richardson v. Ramirez (1974)
Oregon v. Mitchell (1970)
Burdick v. Takushi (1992)
Crawford v. Marion County Election Board (2008)
Reapportionment and Redistricting
Colegrove v. Green (1946)
Gomillion v. Lightfoot (1960)
Baker v. Carr (1962)
Reynolds v. Sims (1964)
Shaw v. Reno (1993)
League of United Latin American Citizens v. Perry (2006)
Political Parties and Ballot Access
Smith v. Allwright (1944)
California Democratic Party v. Jones (2000)
Washington State Grange v. Washington State Republican Party (2008)
Bullock v. Carter (1972)
Anderson v. Celebrezze (1983)
Munro v. Socialist Workers Party (1986)
Campaign Finance and Regulation
Buckley v. Valeo (1976)
Nixon v. Shrink Missouri Government PAC (2000)
McIntyre v. Ohio (1995)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
Political Patronage and Election Day Regulations
Rutan v. Republican Party of Illinois (1990)
Burson v. Freeman (1992)
Bush v. Gore (2000)
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