| |
| |
| Preface | |
| |
| |
| Note to the Reader | |
| |
| |
| |
| Interpretation of the Constitution | |
| |
| |
| Approaches to Constitutional Interpretation | |
| |
| |
| The Approaches in Perspective | |
| |
| |
| The Ends of the Constitution | |
| |
| |
| Constitutional Means to Constitutional Ends | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| |
| Constitutional Adjudication | |
| |
| |
| The Justices of the Supreme Court | |
| |
| |
| The Supreme Court in the Federal Judicial System | |
| |
| |
| How Cases Get to the Supreme Court | |
| |
| |
| How the Supreme Court Decides Cases | |
| |
| |
| The Impact of Supreme Court Decisions | |
| |
| |
| Analyzing Supreme Court Decisions | |
| |
| |
| Sources in Constitutional Law | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| |
| Rights Under the Constitution | |
| |
| |
| Rights and the Founding | |
| |
| |
| The Fourteenth Amendment | |
| |
| |
| Due Process and the Bill of Rights | |
| |
| |
| Rights During Wartime and Other Emergencies | |
| |
| |
| The Second Amendment | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Barron v. Baltimore (1833) | |
| |
| |
| Palko v. Connecticut (1937) | |
| |
| |
| Adamson v. California (1947) | |
| |
| |
| Duncan v. Louisiana (1968) | |
| |
| |
| Ex parte Milligan (1866) | |
| |
| |
| Korematsu v. United States (1944) | |
| |
| |
| Hamdi v. Rumsfeld (2004) | |
| |
| |
| Boumediene v. Bush (2008) | |
| |
| |
| District of Columbia v. Heller (2008) | |
| |
| |
| |
| Economic Due Process and the Takings Clause | |
| |
| |
| The Fourteenth Amendment | |
| |
| |
| The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause | |
| |
| |
| Economic Regulation and the Rise of Substantive Due Process | |
| |
| |
| The Demise of Substantive Due Process in the Economic Realm | |
| |
| |
| Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm? | |
| |
| |
| The Emergence of Substantive Due Process in the Civil Liberties Realm | |
| |
| |
| The Takings Clause | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| The Slaughter-House Cases (1873) | |
| |
| |
| Saenz v. Roe (1999) | |
| |
| |
| Munn v. Illinois (1877) | |
| |
| |
| Lochner v. New York (1905) | |
| |
| |
| West Coast Hotel Company v. Parrish (1937) | |
| |
| |
| Williamson v. Lee Optical Company (1955) | |
| |
| |
| State Farm Mutual Automobile Insurance Company v. Campbell (2003) | |
| |
| |
| Caperton v. A. T. Massey Coal Company (2009) | |
| |
| |
| United States v. Carolene Products Company (1938) | |
| |
| |
| Kelo v. City of New London (2005) | |
| |
| |
| Nollan v. California Coastal Commission (1987) | |
| |
| |
| Lucas v. South Carolina Coastal Council (1992) | |
| |
| |
| Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) | |
| |
| |
| Dolan v. City of Tigard (1994) | |
| |
| |
| |
| Freedom of Speech, Press, and Association | |
| |
| |
| The Meaning of the First Amendment | |
| |
| |
| First Amendment Standards | |
| |
| |
| Political Expression | |
| |
| |
| The Regulation of Speech and Association | |
| |
| |
| Restraints on the Press | |
| |
| |
| Libel and the Invasion of Privacy | |
| |
| |
| Obscenity | |
| |
| |
| Conclusions | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Gitlow v. New York (1925) | |
| |
| |
| Schenck v. United States (1919) | |
| |
| |
| Dennis v. United States (1951) | |
| |
| |
| Barenblatt v. United States (1959) | |
| |
| |
| Brandenburg v. Ohio (1969) | |
| |
| |
| Holder v. Humanitarian Law Project (2010) | |
| |
| |
| Citizens United v. Federal Election Commission (2010) | |
| |
| |
| Boy Scouts of America v. Dale (2000) | |
| |
| |
| Texas v. Johnson (1989) | |
| |
| |
| R. A. V. v. City of St. Paul (1992) | |
| |
| |
| Snyder v. Phelps (2011) | |
| |
| |
| Near v. Minnesota (1931) | |
| |
| |
| New York Times Company v. United States (1971) | |
| |
| |
| Branzburg v. Hayes (1972) | |
| |
| |
| Memorandum Opinion and Order, Federal Communications Commission (1987) | |
| |
| |
| New York Times v. Sullivan (1964) | |
| |
| |
| Miller v. California / Paris Adult Theater I v. Slaton (1973) | |
| |
| |
| Reno v. American Civil Liberties Union (1997) | |
| |
| |
| Indianapolis Anti-Pornography Ordinance (1984) | |
| |
| |
| |
| Freedom of Religion | |
| |
| |
| Establishment of Religion | |
| |
| |
| Free Exercise of Religion | |
| |
| |
| Reconciling the Religion Clauses | |
| |
| |
| Trends and Prospects | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Everson v. Board of Education (1947) | |
| |
| |
| School District of Abington Township v. Schempp (1963) | |
| |
| |
| Lemon v. Kurtzman (1971) | |
| |
| |
| Wallace v. Jaffree (1985) | |
| |
| |
| Lee v. Weisman (1992) | |
| |
| |
| McCreary County v. American Civil Liberties Union (2005) | |
| |
| |
| Van Orden v. Perry (2005) | |
| |
| |
| Rosenberger v. University of Virginia (1995) | |
| |
| |
| Zelman v. Simmons-Harris (2002) | |
| |
| |
| West Virginia Board of Education v. Barnette (1943) | |
| |
| |
| Sherbert v. Verner (1963) | |
| |
| |
| Employment Division, Department of Human Resources of Oregon v. Smith (1990) | |
| |
| |
| City of Boerne v. Flores, Archbishop of San Antonio (1997) | |
| |
| |
| Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) | |
| |
| |
| |
| Criminal Procedure | |
| |
| |
| The Ex Post Facto Clauses | |
| |
| |
| Search and Seizure | |
| |
| |
| Self-incrimination and Coerced Confessions | |
| |
| |
| Due Process of Law | |
| |
| |
| The Right to Counsel | |
| |
| |
| The Insanity Defense | |
| |
| |
| The Entrapment Defense | |
| |
| |
| Trial by Jury | |
| |
| |
| The Right to a Speedy Trial | |
| |
| |
| The Right to Confrontation | |
| |
| |
| Plea Bargaining | |
| |
| |
| Bail and Pretrial Detention | |
| |
| |
| Cruel and Unusual Punishments | |
| |
| |
| Prisoners' Rights | |
| |
| |
| Retroactive Application of Criminal Procedure Guarantees | |
| |
| |
| Basic Themes in the Court's Criminal Procedure Decisions | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Stogner v. California (2003) | |
| |
| |
| Smith v. Doe (2003) | |
| |
| |
| Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002) | |
| |
| |
| Indianapolis v. Edmond (2000) | |
| |
| |
| Mapp v. Ohio (1961) | |
| |
| |
| Olmstead v. United States (1928) | |
| |
| |
| Katz v. United States (1967) | |
| |
| |
| Miranda v. Arizona (1966) | |
| |
| |
| Dickerson v. United States (2000) | |
| |
| |
| Nix v. Williams (1984) | |
| |
| |
| Connecticut Department of Public Safety v. Doe (2003) | |
| |
| |
| Powell v. Alabama (1932) | |
| |
| |
| Gideon v. Wainwright (1963) | |
| |
| |
| Clark v. Arizona (2006) | |
| |
| |
| Jacobson v. United States (1992) | |
| |
| |
| Blakely v. Washington (2004) | |
| |
| |
| Michigan v. Bryant (2011) | |
| |
| |
| Gregg v. Georgia (1976) | |
| |
| |
| Kennedy v. Louisiana (2008) | |
| |
| |
| Roper v. Simmons (2005) | |
| |
| |
| Miller v. Alabama (2012) | |
| |
| |
| Harmelin v. Michigan (1991) | |
| |
| |
| Ewing v. California (2003) | |
| |
| |
| |
| The Equal Protection Clause and Racial Discrimination | |
| |
| |
| Race and the Founding | |
| |
| |
| Racial Desegregation | |
| |
| |
| Private Discrimination and the Concept of State Action | |
| |
| |
| Racial Discrimination in Jury Trials | |
| |
| |
| Racial Discrimination in Prisons | |
| |
| |
| Proof of Discrimination: Disparate Treatment Versus Disparate Impact | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Plessy v. Ferguson (1896) | |
| |
| |
| Brown v. Board of Education (1954) | |
| |
| |
| Boiling v. Sharpe (1954) | |
| |
| |
| Brown v. Board of Education (1955) | |
| |
| |
| Swann v. Charlotte-Mecklenburg Board of Education (1911) | |
| |
| |
| Milliken v. Bradley (1974) | |
| |
| |
| United States v. Fordice (1992) | |
| |
| |
| Missouri v. Jenkins (1995) | |
| |
| |
| Shelley v. Kraemer (1948) | |
| |
| |
| Moose Lodge No. 107 v. Irvis (1972) | |
| |
| |
| Georgia v. McCollum (1992) | |
| |
| |
| Johnson v. California (2005) | |
| |
| |
| The Civil Rights Act of 1991 | |
| |
| |
| Ricci v. DeStefano (2009) | |
| |
| |
| |
| Substantive Equal Protection | |
| |
| |
| The Two-Tier Approach | |
| |
| |
| The Development of an Intermediate Level of Review | |
| |
| |
| Suspect Classifications | |
| |
| |
| Fundamental Rights | |
| |
| |
| The Future of Equal-Protection Analysis | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Richmond v. J. A. Croson Company (1989) | |
| |
| |
| Adarand Constructors, Inc. v. Pena (1995) | |
| |
| |
| Grutter v. Bollinger (2003) | |
| |
| |
| Gratz v. Bollinger (2003) | |
| |
| |
| Parents Involved in Community Schools v. Seattle School District No. 1 (2007) | |
| |
| |
| Foley v. Connelie (1978) | |
| |
| |
| Trimble v. Gordon (1977) | |
| |
| |
| Massachusetts Board of Retirement v. Murgia (1976) | |
| |
| |
| Frontiero v. Richardson (1973) | |
| |
| |
| United States v. Virginia (1996) | |
| |
| |
| Rostker v. Goldberg (1981) | |
| |
| |
| Shapiro v. Thompson (1969) | |
| |
| |
| San Antonio Independent School District v. Rodriguez (1973) | |
| |
| |
| Armour v. Indianapolis (2012) | |
| |
| |
| |
| Voting and Representation | |
| |
| |
| Equal Protection and the Right to Vote | |
| |
| |
| Race and Representation: The Fifteenth Amendment and the Voting Rights Act | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Wesberry v. Sanders (1964) | |
| |
| |
| Reynolds v. Sims (1964) | |
| |
| |
| Vieth v. Jubelirer (2004) | |
| |
| |
| Harper v. Virginia State Board of Elections (1966) | |
| |
| |
| Dunn v. Blumstein (1972) | |
| |
| |
| Crawford v. Marion County Election Board (2008) | |
| |
| |
| Bush v. Gore (2000) | |
| |
| |
| Katzenbach v. Morgan (1966) | |
| |
| |
| Thornburg v. Gingles (1986) | |
| |
| |
| Shaw v. Reno (1993) | |
| |
| |
| League of United Latin American Citizens v. Perry (2006) | |
| |
| |
| Northwest Austin Municipal Utility District Number One v. Holder (2009) | |
| |
| |
| |
| The Right to Privacy | |
| |
| |
| The Constitutional Basis | |
| |
| |
| What the Right to Privacy Protects | |
| |
| |
| Qualifications on the Right to Privacy | |
| |
| |
| Privacy and the Right to Die | |
| |
| |
| Notes | |
| |
| |
| Selected Readings | |
| |
| |
| Cases | |
| |
| |
| Troxel v. Granville (2000) | |
| |
| |
| Griswold v. Connecticut (1965) | |
| |
| |
| Roe v. Wade (1973) | |
| |
| |
| Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) | |
| |
| |
| Gonzales v. Carhart (2007) | |
| |
| |
| Lawrence v. Texas (2003) | |
| |
| |
| Perry v. Brown (2012) | |
| |
| |
| Defense of Marriage Act of 1996 | |
| |
| |
| Cruzan v. Director, Missouri Department of Health (1990) | |
| |
| |
| Washington v. Glucksberg (1997) | |
| |
| |
| Vacco v. Quill (1997) | |
| |
| |
| The Constitution of the United States of America | |
| |
| |
| Justices of the Supreme Court | |
| |
| |
| Glossary of Common Legal Terms | |
| |
| |
| Table of Cases | |