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Constitutional Law for a Changing America Institutional Powers and Constraints

ISBN-10: 1452226768
ISBN-13: 9781452226767
Edition: 8th 2014
List price: $86.00
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Description: Known for attentive revising and streamlining, the authors continue to strengthen the distinctive features of their best-selling text-its currency, scholarship, and the inclusion of both concurring and dissenting opinions-while closely following the  More...

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Book details

List price: $86.00
Edition: 8th
Copyright year: 2014
Publisher: CQ Press
Publication date: 6/11/2013
Binding: Paperback
Pages: 784
Size: 8.25" wide x 10.00" long x 1.25" tall
Weight: 3.168

Known for attentive revising and streamlining, the authors continue to strengthen the distinctive features of their best-selling text-its currency, scholarship, and the inclusion of both concurring and dissenting opinions-while closely following the pressing issues the Roberts Court has taken up in recent years.Author commentary preceding excerpted opinions includes: the case Facts and key Arguments made by the attorneys on both sides; Aftermath boxes that reveal what happened to litigants after a ruling; Global Perspective boxes that explain how U.S. case law compares to other nations; and NEW to these editions, Annotated Readings that give direction about where to go for more information.

Lee Epstein (PhD, Emory University) is Provost Professor of Law and Political Science and Rader Family Trustee Chair in Law at the University of Southern California. She is also a fellow of the American Academy of Arts and Sciences and the American Academy of Political and Social Science. She is the author, coauthor and/or editor of fifteen books, including The Supreme Court Compendium : Data, Decisions, and Developments , Fifth Edition , with Jeffrey A. Segal, Harold J. Spaeth, and Thomas G. Walker; Courts, Judges and Politics, Sixth Edition , with Walter F. Murphy, C. Herman Pritchett, and Jack Knight; The Choices Justices Make with Jack Knight, which won the C. Herman Pritchett Award for the best book on law and courts; and Advice and Consent: The Politics of Judicial Appointments with Jeffrey A. Segal. Her most recent book is The Behavior of Federal Judges with William M. Landes and Richard A. Posner.

Thomas G. Walker (PhD, University of Kentucky) is Goodrich C. White Professor of Political Science at Emory University where he has won several teaching awards for his courses on constitutional law and the judicial process. His book, A Court Divided , written with Deborah J. Barrow, won the prestigious V.O. Key Award for the best book on southern politics. He is the coauthor of The Supreme Court Compendium: Data, Decisions, and Developments, Fifth Edition with Lee Epstein, Jeffrey A. Segal, and Harold J. Spaeth; and Eligible for Execution .

Chronological Table of Cases
Tables, Figures, and Boxes
The U.S. Constitution
An Introduction to the U.S. Constitution
The Road to the U.S. Constitution
Underlying Principles of the Constitution
Understanding the U.S. Supreme Court
Processing Supreme Court Cases
Supreme Court Decision Making: The Role of Law and Legal Methods
Supreme Court Decision Making: The Role of Politics
Conducting Research on the Supreme Court
Annotated Readings
Institutional Authority
Structuring the Federal System
Origins of the Separation of Powers/Checks and Balances System
Separation of Powers and the Constitution
Contemporary Thinking on the Constitutional Scheme
The Judiciary
Establishment of the Federal Judiciary
Judicial Review
Marbury v. Madison (1803)
Martin v. Hunters Lessee (1816)
Eakin v. Raub (1825)
Constraints on Judicial Power: Article III
Ex parte McCardle (1869)
Baker v. Can (1962)
Nixon v. United States (1993)
Fiast v.Cohen (1968)
Constraints on Judicial Power: The Separation of Powers/Checks and Balances System
Annotated Readings
The Legislature
Historical Overview
Congressional Authority over Internal Affairs: Institutional Independence and Integrity
Powell v. McCormack (1969)
U.S. Term Limits, Inc. v. Thornton (1995)
Gravel v. United States (1972)
Sources and Scope of Legislative Powers
McCulloch v. Maryland (1819)
McGrain v. Daugherty (1927)
Watkins v. United States (1957)
Barenblatt v. United States (1959)
United States v. Curtiss-Wright Export Corp. (1936)
South Carolina v. Kaizenbach (1966)
Congress and Constitutional Interpretation
Annotated Readings
The Executive
Basic Considerations
Bush v. Core (2000)
The Faithful Execution of the Laws: Defining the Contours of Presidential Power
In re Neagle (1890)
Domestic Powers of the President
Clinton v. City of New York (1998)
Morrison v. Olson (1988)
Myers v. United States (1926)
Humphrey's Executor v. United States (1935)
United States v. Nixon (1974)
Mississippi v. Johnson (1867)
Nixon v. Fitzgerald (1982)
Clinton v. Jones (1997)
Ex parte Grossman (1925)
Murphy v. Ford (1975)
The President and Foreign Policy
United States v. Curtiss-Wright Export Corp. (1936)
Annotated Readings
The Separation of Powers System in action
Debates over the Separation of Powers System
Domestic Powers
Mistretta v. United States (1989)
Immigration and Naturalization Service v. Chadha (1983)
Bowsher v. Synar (1986)
Presidential Power during War and National Emergencies
The Prize Cases (1863)
Ex parte Milligan (1866)
Ex parte Quirin (1942)
Korematsu v. United States (1944)
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Dames & Moore v. Regan (1981)
Hamdi v. Rumsfeld (2004)
Annotated Readings
Nation-State Relations
Allocating Government Power
The Framers and Federalism
The Tenth and Eleventh Amendments
The Doctrinal Cycle of Nation-State Relations
Federal Power, State Sovereignty, and the Tenth Amendment
McCulloch v. Maryland (1819)
Scott v. Sandford (1857)
New York v. United States (1992)
Printz v. United States (1997)
The Eleventh Amendment
Alden v. Maine (1999)
New Judicial Federalism
Michigan v. Long (1983)
National Preemption of State Laws
State of Missouri v. Holland (1920)
Crosby v. National Foreign Trade Council (2000)
Arizona v. United States (2012)
Annotated Readings
The Commerce Power
Foundations of the Commerce Power
Gibbons v. Ogden (1824)
Attempts to Define the Commerce Power in the Wake of Industrial Revolution
United States v. E. C. Knight Co. (1895)
Stafford v. Wallace (1922)
Champion v. Ames (1903)
Hammer v. Dagenhart (1918)
The Supreme Court and the New Deal
A. L. A. Schechter Poultry Corp. v. United States (1935)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
United States v. Darby (1941)
Wickard v. Filburn (1942)
The Era of Expansive Commerce Clause Jurisprudence
Heart of Atlanta Motel, Inc. v. United States (1964)
Limits on the Commerce Power: The Republican Court Era
Garcia v. San Antonio Metropolitan Transit Authority (1985)
United States v. Lopez (1995)
United States v. Morrison (2000)
Gonzales v. Raich (2005)
National Federation of Independent Business v. Sebelius (2012)
Commerce Power of the Stales
Cooley v. Board of Wardens (1852)
Southern Pacific Company v. Arizona (1945)
Hunt v. Washington State Apple Advertising Commission (1977)
Maine v. Taylor (1986)
Granholm v. Heald (2005)
Annotated Readings
The Power to Tax and Spend
The Constitutional Power to Tax and Spend
Direct Taxes and the Power to Tax Income
Pollock v. Farmers' loan & Trust Co. (1895)
Taxation of Exports
United States v. United States Shoe Corp. (1998)
Intergovernmental Tax Immunity
South Carolina v. Baker (1988)
Davis v. Michigan Dept. of Treasury (1989)
Taxation as a Regulatory Power
McCray v. United States (1904)
Bailey v. Drexel Furniture Co. (1922)
Taxing and Spending for the General Welfare
United States v. Butler (1936)
Steward Machine Co. v. Davis (1937)
South Dakota v. Dole (1987)
National Federation of Independent Business v. Sebelius (2012)
Restrictions on the Revenue Powers of the States
Michelin Tire Corp. v. Wages (1976)
Complete Auto Transit v. Brady (1977)
Quill Corp. v. North Dakota (1992)
Oregon Waste Systems. Inc. v. Department of Environmental Quality of Oregon (1994)
Annotated Readings
Economic Liberties
Economic Liberties and Individual Rights
The Contract Clause
The Framers and the Contract Clause
John Marshall and the Contract Clause
Fletcher v. Peck (1810)
Trustees of Dartmouth College v. Woodward (1819)
Decline of the Contract Clause: From the Taney Court to the New Deal
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge (1837)
Stone v. Mississippi (1880)
Home Building & Loan Assn. v. Blaisdell (1934)
Modern Applications of the Contract Clause
United States Trust Co. v. New Jersey (1977)
Allied Structural Steel Co. v. Spannaus (1978)
Annotated Readings
Economic Substantive Due Process
Development of Substantive Due Process
The Slaughterhouse Cases (1873)
Munn v. Illinois (1877)
Allgeyer v. Louisiana (1897)
The Roller-Coaster Ride of Substantive Due Process: 1898-1923
Lochner v. New York (1905)
Muller v. Oregon (1908)
The Heyday of Substantive Due Process: 1923-1936
Adkins v. Children's Hospital (1923)
The Depression, the New Deal, and the Decline of Substantive Due Process
Nebbia v. New York (1934)
West Coast Hotel v. Parrish (1937)
Williamson v. Lee Optical Company (1955)
Substantive Due Process: Contemporary Relevance
BMW of North America v. Core (1996)
Caperton v. A. T. Massey Coal Co. (2009)
Annotated Readings
The Takings Clause
Protecting Private Property from Government Seizure
What Is a Taking?
United States v. Causby (1946)
Penn Central Transportation Company v. City of New York (1978)
Nollan v. California Coastal Commission (1987)
Lucas v. South Carolina Coastal Council (1992)
Public Use Requirement
Berman v. Parker (1954)
Hawaii Housing Authority v. Midkiff (1984)
Kelo v. City of New London (2005)
Annotated Readings
Reference Material
Constitution of the United States
The Justices
Online Case Archive List
Case Index
Subject Index
Image Credits
About the Authors

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