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Constitutional Law Principles and Policies

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ISBN-10: 0735524289

ISBN-13: 9780735524286

Edition: 2nd 2002 (Student Manual, Study Guide, etc.)

Authors: Erwin Chemerinsky

List price: $54.00
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Description:

Renowned legal scholar Erwin Chemerinsky presents this thorough revision of his incomparably clear introduction to constitutional law doctrine.
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Book details

List price: $54.00
Edition: 2nd
Copyright year: 2002
Publisher: Wolters Kluwer Law & Business
Publication date: 3/27/2002
Binding: Paperback
Pages: 1276
Size: 7.00" wide x 10.00" long x 1.75" tall
Weight: 3.388
Language: English

Preface
Acknowledgments
Historical Background and Contemporary Themes
The Constitution's Functions
Why a Constitution?
A Brief History of the Creation and Ratification of the Constitution and Its Amendments
How Should the Constitution Be Interpreted?
Who Should Be the Authoritative Interpreter of the Constitution?
The Federal Judicial Power
Introduction
The Authority for Judicial Review
Marbury v. Madison: The Authority for Judicial Review of Congressional and Presidential Actions
The Authority for Judicial Review of State and Local Actions
Introduction to the Justiciability Doctrines
The Prohibition Against Advisory Opinions
Standing
Introduction
Injury
Causation and Redressability
The Limitation on Third-Party Standing
The Prohibition Against Generalized Grievances
The Requirement That the Plaintiff Be Within the Zone of Interests Protected by the Statute
Ripeness
Introduction
Criteria for Determining Ripeness: The Hardship to Denying Review
Criteria for Determining Ripeness: The Fitness of the Issues and Record for Judicial Review
Mootness
Description of the Mootnes Doctrine
Exceptions to the Mootness Doctrine: Collateral Consequences
Exceptions to the Mootness Doctrine: Wrongs Capable of Repetition Yet Evading Review
Exceptions to the Mootness Doctrine: Voluntary Cessation
Exceptions to the Mootness Doctrine: Class Actions
The Political Question Doctrine
What Is the Political Question Doctrine?
Should There Be a Political Question Doctrine?
The "Republican Form of Government" Clause and Judicial Review of the Electoral Process
Foreign Policy
Congressional Self-Governance
The Process for Ratifying Constitutional Amendments
Excessive Interference With Coordinate Branches of Government
Impeachment and Removal from Office: Nixon v. United States
Congressional Control of Federal Court Jurisdiction
Introduction
Congressional Control of Supreme Court Jurisdiction
Congressional Control of Lower Federal Court Jurisdiction
Sovereign Immunity as a Limit on the Federal Judicial Power
History of the Ratification of the Eleventh Amendment
What Does the Eleventh Amendment Mean? Competing Theories
The Application of the Eleventh Amendment: What's Barred and What's Allowed
Ways Around the Eleventh Amendment: Suits Against State Officers
Ways Around the Eleventh Amendment: Waiver
Ways Around the Eleventh Amendment: Suits Pursuant to Federal Laws
The Federal Legislative Power
The Doctrine of Limited Federal Legislative Authority
McCulloch v. Maryland and the Scope of Congressional Powers
The Commerce Power
Introduction to the Commerce Power
Gibbons v. Ogden and the Definition of the Commerce Power
The Commerce Clause Before 1937
The Commerce Clause From 1937 to 1995
The Commerce Clause After United States v. Lopez
The Taxing and Spending Power
The Scope of the Taxing and Spending Power
The Taxing Power
The Spending Power
Other Congressional Powers Under Article I and Article IV
Foreign Policy
Domestic Affairs
Congress's Powers Under the Reconstruction Era Amendments
May Congress Regulate Private Conduct?
What Is the Scope of Congress's Power?
Congress's Power to Authorize Suits Against State Governments
Congress's Power to Investigate
The Tenth Amendment and Federalism as a Limit on Congressional Authority
Delegation of Legislative Power and the Problems of the Administrative State
The Nondelegation Doctrine and Its Demise
The Legislative Veto
Delegation of Executive Power to Congress and Its Officials
The Federal Executive Power
Express and Inherent Presidential Powers
Appointment and Removal Power
The Appointment Power
The Removal Power
Executive Privilege
Presidential Immunity to Criminal and Civil Suits
Pardon Power
Foreign Policy
Are Foreign Policy and Domestic Affairs Different?
Treaties and Executive Agreements
War Powers
Impeachment and Removal From Office
Limits on State Regulatory and Taxing Power
Introduction
Preemption of State and Local Laws
Introduction
Express Preemption of State Laws
"Field Preemption"
Conflicts Between State and Federal Laws
State Laws That Impede Achievement of Federal Objectives
Preemption of State Taxation or Regulation of the Federal Government
The Dormant Commerce Clause
What Is the Dormant Commerce Clause?
Should There Be a Dormant Commerce Clause?
An Overview of the Dormant Commerce Clause
The Central Question: Is the State Discriminating Against Out-of-Staters?
The Analysis When a State Is Not Discriminating
The Analysis When a State Is Discriminating
Exceptions
State Taxation of Interstate Commerce
The Test Used to Evaluate State Taxes of Interstate Commerce
The Requirement for a Substantial Nexus to the Taxing State
The Requirement for Fair Apportionment
The Prohibition of Discrimination Against Out-of-Staters
The Requirement for Fair Relationship to Services Provided by the State
The Privileges and Immunities Clause of Article IV, [section]2
Introduction
What Are the "Privileges and Immunities" of Citizenship?
What Is Sufficient Justification for Discrimination?
The Structure of the Constitution's Protection of Civil Rights and Civil Liberties
Introduction
Textual Provisions, Apart From the Bill of Rights, Protecting Individual Rights
A Review of the Textual Provisions Protecting Rights
The Prohibition of Bills of Attainder
The Prohibition Against Ex Post Facto Laws
The Application of the Bill of Rights to the States
The Rejection of Application Before the Civil War
A False Start: The Privileges or Immunities Clause and the Slaughter-House Cases
The Incorporation of the Bill of Rights Into the Due Process Clause of the Fourteenth Amendment
The Application of Civil Rights and Civil Liberties to Private Conduct: The State Action Doctrine
The Requirement for State Action
Why Have a State Action Requirement?
Is It the Government?
The Exceptions to the State Action Doctrine
The Levels of Scrutiny
Procedural Due Process
The Distinction Between Procedural and Substantive Due Process
What Is a "Deprivation"?
Is It a Deprivation of "Life, Liberty, or Property"?
The "Rights-Privileges" Distinction and Its Demise
Deprivations of "Property"
Deprivations of "Liberty"
Deprivations of "Life"
What Procedures Are Required?
When Is Procedural Due Process Required?
What Is the Test for Determining What Process Is Due?
The Mathews v. Eldridge Test Applied
Economic Liberties
Introduction
Economic Substantive Due Process
Economic Substantive Due Process During the Nineteenth Century
Economic Substantive Due Process During the Lochner Era
Economic Substantive Due Process Since 1937
The Contracts Clause
Introduction
The Contracts Clause Before 1934
The Contracts Clause Since 1934
The Takings Clause
Introduction
What Is a "Taking"?
What Is "Property"?
What Is a Taking for "Public Use"?
What Is the Requirement for "Just Compensation"?
Equal Protection
Introduction
Constitutional Provisions Concerning Equal Protection
A Framework for Equal Protection Analysis
The Rational Basis Test
Introduction
The Requirement for a "Legitimate Purpose"
The Requirement for a "Reasonable Relationship"
Classifications Based on Race and National Origin
Race Discrimination and Slavery Before the Thirteenth and Fourteenth Amendments
Strict Scrutiny for Discrimination Based on Race and National Origin
Proving the Existence of a Race or National Origin Classification
Remedies: The Problem of School Segregation
Racial Classifications Benefiting Minorities
Gender Classifications
The Level of Scrutiny
Proving the Existence of a Gender Classification
Gender Classifications Benefiting Women
Alienage Classifications
Introduction
Strict Scrutiny as the General Rule
Alienage Classifications Related to Self-Government and the Democratic Process
Congressionally Approved Discrimination
Undocumented Aliens and Equal Protection
Discrimination Against Nonmarital Children
Other Types of Discrimination: Rational Basis Review
Age Classifications
Discrimination Based on Disability
Wealth Discrimination
Discrimination Based on Sexual Orientation
Fundamental Rights Under Due Process and Equal Protection
Introduction
Constitutional Bases for Fundamental Rights
Framework for Analyzing Fundamental Rights
Constitutional Protection for Family Autonomy
The Right to Marry
The Right to Custody of One's Children
The Right to Keep the Family Together
The Right to Control Upbringing of Children
Constitutional Protection for Reproductive Autonomy
The Right to Procreate
The Right to Purchase and Use Contraceptives
The Right to Abortion
Constitutional Protection for Sexual Activity and Sexual Orientation
Constitutional Protection for Medical Care Decisions
Constitutional Protection for Control Over Information
Constitutional Protection for Travel
The Recognition of the Right to Travel as a Fundamental Right
What Constitutes an Infringement of the Right to Travel?
Restrictions on Foreign Travel
Constitutional Protection for Voting
The Right to Vote as a Fundamental Right
Restrictions on the Ability to Vote
Dilution of the Right to Vote
Inequalities in Counting Votes Within a State
Racial Discrimination in Voting Rights
Restrictions on Parties and Candidates
Constitutional Protection for Access to Courts
Constitutional Protection for a Right to Education
First Amendment: Expression
Introduction
Historical Background
Why Should Freedom of Speech Be a Fundamental Right?
The Issues in Free Expression Analysis
Free Speech Methodology
The Distinction Between Content-Based and Content-Neutral Laws
Vagueness and Overbreadth
Prior Restraints
What Is an Infringement of Freedom of Speech?
Types of Unprotected and Less Protected Speech
Introduction
Incitement of Illegal Activity
Fighting Words, the Hostile Audience, and the Problem of Racist Speech
Sexually Oriented Speech
Reputation, Privacy, Publicity, and the First Amendment: Torts and the First Amendment
Symbolic Speech: Conduct That Communicates
Commercial Speech
Speech of Government Employees
Attorneys' Speech
Labor Picketing and Protests
What Places Are Available for Speech?
Introduction
Government Properties and Speech
Private Property and Speech
Speech in Authoritarian Environments: Military, Prisons, and Schools
Freedom of Association
Introduction
Laws Prohibiting or Punishing Membership
Laws Requiring Disclosure of Membership
Laws Prohibiting Discrimination
Freedom of the Press
Introduction
Freedom of the Press as a Shield to Protect the Press From the Government
Freedom of the Press as a Sword to Gain Access to Government Places and Papers
First Amendment: Religion
Introduction
Constitutional Provisions Concerning Religion and the Tension Between Them
What Is Religion?
The Establishment Clause
Competing Theories of the Establishment Clause
Government Discrimination Among Religions
The Lemon Test for the Establishment Clause
Religious Speech and the First Amendment
When Can Religion Become a Part of Government Activities?
When Can Government Give Aid to Religion?
The Free Exercise Clause
Introduction
Challenges to Laws Regulating or Burdening Religious Conduct
Government Involvement in Religious Disputes
The Constitution of the United States of America
Table of Cases
Index
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