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American Constitutional Law Essays, Cases, and Comparative Notes

ISBN-10: 0742526879

ISBN-13: 9780742526877

Edition: 2nd 2004

Authors: Gary Jeffrey Jacobsohn, Donald P. Kommers, John E. Finn

List price: $120.00
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Description:

A course on constitutional law and civil liberties can be--and is--nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Essays, Cases, and Comparative Notes, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy.
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Book details

List price: $120.00
Edition: 2nd
Copyright year: 2004
Publisher: Rowman & Littlefield Publishers, Incorporated
Publication date: 2/23/2004
Binding: Hardcover
Pages: 1136
Size: 8.00" wide x 10.00" long x 2.50" tall
Weight: 5.236
Language: English

Preface
Introduction
The Interpretive Perspective
The Normative Perspective
The Comparative Perspective
Institutional and Interpretive Foundations
The Supreme Court
The Justices: Politics of Appointment
The Federal Court System
Jurisdiction: The Power to Hear Cases and Controversies
Congressional Control Over Appellate Jurisdiction
Deciding to Decide: Decision-Making Procedures
Coming to Decision: Voting on Cases and Writing Opinions
The Impact of Decisions
Understanding Judicial Opinions
Comparative Perspectives
Generalized or Specialized Jurisdiction
Centralized and Decentralized Systems of Constitutional Review
The Effects of Judicial Review
Differences in Judicial Opinions
Methods of Judicial Appointment and Terms of Office
Conclusion
Selected Bibliography
Selected Comparative Bibliography
The Constitution and Its Interpretation
The Constitution
The Why and What of Constitutional Interpretation
Sources and Methods of Interpretation
Textualism
Original History
Doctrinalism
Precedent
Prudentialism
Structuralism
Philosophical and Aspirational Argument
Limits to Interpretation: An Unconstitutional Constitutional Amendment?
Griswold v. Connecticut: A Case Study in Interpretation
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Intergovernmental Powers and Relationships
Judicial Power
The Constitution and Judicial Review
The Early Struggle for Judicial Supremacy
Expansion of Judicial Power
Self-Imposed Limits on Judicial Power
Rules of Access
Political Questions
Judicial Review and Constitutional Amendments
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Marbury v. Madison (1803)
Martin v. Hunter's Lessee (1816)
Dred Scott v. Sandford (1856)
Cooper v. Aaron (1958)
Ex Parte McCardle (1868)
Luther v. Borden (1849)
Baker v. Carr (1962)
Goldwater v. Carter (1979)
Nixon v. United States (1993)
Separation of Powers
The View of the Framers
Separation of Powers Today
Congressional Powers and Their Limits
Congressional Investigations
Executive-Legislative Relations
The Principle of Nondelegation
The Steel Seizure Case
Separation of Powers Reasserted
Appointment and Removal Power
Executive-Judicial Relations
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Schechter Poultry Corporation v. United States (1935)
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Powell v. McCormack (1969)
Immigration and Naturalization Service v. Chadha (1983)
Morrison v. Olson (1988)
United States v. Nixon (1974)
Clinton v. Jones (1997)
Clinton v. City of New York (1998)
Foreign Affairs and Constitutional Crises
The Constitutional Basis and Structure of Foreign Affairs Powers
Separated and Shared Powers
An Invitation to Struggle: Contests for Power Between Congress and the President
The Growth of the Imperial Presidency in Foreign Affairs
The War Powers Resolution
The Constitution in Crisis
Crises and the Constitution
How Do Governments Respond to Crises?
Inherent Powers and the Theory of Prerogative
The Constitutional Limitations Theory
Judicial Review and Foreign Affairs
Extraconstitutional Sources of Power
Justiciability and the Political Questions Doctrine
War and Civil Liberties
The Constitution and the War on Terrorism
Comparative Perspectives
Foreign Affairs and the German Basic Law
Accountability and the Political Questions Doctrine in Canada
Judicial Review and the Political Questions Doctrine in Canada
Selected Bibliography
Selected Comparative Bibliography
State of Missouri v. Holland (1920)
Youngstown Sheet & Tube Co. v. Sawyer (1952)
The Prize Cases (1862)
War Powers Resolution (1973)
Iraq Resolution (2002)
United States. v. Curtiss-Wright Export Corp. (1936)
Korematsu v. United States (1944)
Zadvydas v. Davis (2001)
Ex Parte Milligan (1866)
Ex Parte Quirin (1942)
Federalism and State Regulation
Enumerated, Implied, and Reserved Powers
Marshall's Nationalism
Dual Federalism and Judicial Dualism
The Revival of Implied Limits on Federal Power
State Sovereignty and the Eleventh Amendment
Local Power over Commerce
Preemption
Federal-State Comity
Interstate Comity
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
McCulloch v. State of Maryland (1819)
New York v. United States (1992)
Printz v. United States (1997)
U.S. Term Limits, Inc. v. Thornton (1995)
Alden v. Maine (1999)
Federal Maritime Commission v. South Carolina State Ports Authority (2002)
Cooley v. Board of Wardens (1851)
Southern Pacific Company v. State of Arizona (1945)
City of Philadelphia v. New Jersey (1978)
Baldwin v. Fish and Game Commission of Montana (1978)
Congressional Powers
Regulating Interstate Commerce
Marshall's Textualism
Post-Gibbons Checks on National Power
Modern Commerce Clause Jurisprudence
New-Found Limits on Congressional Power
The Rise and Fall of a Constitutional Doctrine
A Return to State Autonomy
Taxing and Spending Power
Additional Congressional Powers
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Gibbons v. Ogden (1824)
United States v. E.C. Knight Co. et al. (1895)
Champion v. Ames (1903)
Hammer v. Dagenhart (1918)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Wickard v. Filburn (1942)
Heart of Atlanta Motel, Inc. v. United States (1964)
National League of Cities v. Usery (1976)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
United States v. Lopez (1995)
United States v. Morrison (2000)
United States v. Butler (1936)
South Dakota v. Dole (1987)
Voting and Political Representation
The Constitutional Framework and Political Participation
The Apportionment Revolution
Political Parties and Elections
Money and Politics
Bush v. Gore
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Reynolds v. Sims (1964)
Davis v. Bandemer (1986)
Shaw v. Reno (1993)
Hunt v. Cromartie (1999)
Democratic Party of the United States v. Wisconsin (1981)
Buckley v. Valeo (1976)
Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001)
Bush v. Gore (2000)
Liberty, Community, and Constitutional Interpretation under the Bill of Rights
Bills of Rights in Other Constitutions
Conclusion
The Bill of Rights, Incorporation, and Capital Punishment
Constitutional Theory and the Need for a Bill of Rights
The Reconstruction Amendments and the Bill of Rights
The Fourteenth Amendment and the Incorporation Doctrine
The Fundamental Fairness Doctrine
Total Incorporation
Total Incorporation "Plus"
Selective Incorporation
Continuing Incorporation Problems
The Bill of Rights and Capital Punishment
Who Gets the Death Penalty?
Continuing Death Penalty Issues: Does Innocence Matter?
Summary
Comparative Perspectives
The Death Penalty and Judicial Power
Conclusion
Selected Bibliography
Selected Comparative Bibliography
Barron v. Baltimore (1833)
The Slaughter-House Cases (1873)
Palko v. Connecticut (1937)
Adamson v. California (1947)
Rochin v. California (1952)
Duncan v. Louisiana (1968)
Gregg v. Georgia (1976)
McCleskey v. Kemp (1987)
Atkins v. Virginia (2002)
Liberty and Property
The Contracts Clause and the Vested Rights Doctrine
The Rise and Fall of Economic Due Process
The Decline of Economic Due Process
The Takings Clause and Due Process
Comparative Perspectives
Rights to Property and Occupational Liberty
Selected Bibliography
Selected Comparative Bibliography
Calder v. Bull (1798)
Fletcher v. Peck (1810)
Charles River Bridge Company v. Warren Bridge (1837)
Home Building & Loan Association v. Blaisdell (1934)
Munn v. Illinois (1876)
Lochner v. New York (1905)
West Coast Hotel v. Parrish (1937)
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002)
Fundamental Rights: Privacy and Personhood
The Early Development of Noneconomic Substantive Due Process
Carolene Products: Justifying Judicial Protection of Noneconomic Due Process
Early Applications of Carolene Products: Buck, Skinner, and Rights to Procreation
Substantive Due Process: The Development of a Constitutional Right to Privacy
Early Efforts to Construct a Constitutional Right to Privacy
Roe v. Wade: Privacy and Abortion
Abortion Litigation After Roe
Substantive Due Process and Other Liberty Interests
What Is Liberty?
Liberty and "Unconventional" Sexual Practices
Substantive Due Process and the Family
Substantive Due Process and Rights Concerning the Quality of Life
Comparative Perspectives
Privacy and Abortion in Other Constitutional Democracies
Selected Bibliography
Selected Comparative Bibliography
United States v. Carolene Products (1938)
Meyer v. Nebraska (1923)
Skinner v. Oklahoma (1942)
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Stenberg v. Carhart (2000)
DeShaney v. Winnebago County Department of Social Services (1989)
Moore v. East Cleveland (1977)
Troxel v. Granville (2000)
Bowers v. Hardwick (1986)
Lawrence v. Texas (2003)
Michael H. v. Gerald D. (1989)
Washington v. Glucksberg (1997)
Freedom of Speech
The First Amendment: An Interpretive Problem
Original Intent
Text, Theory, and Purpose
Balancing versus Absolutism
Definitional Balancing
Speech, Conduct, and Time-Place-Manner (TPM) Restrictions
Symbolic Speech and Expressive Conduct
Speech and the Polity: Normative Issues
Internal Security and Advocacy of Unlawful Conduct
Defamation and Privacy
Offensive Talk, Fighting Words, and Hate Speech
Indecency and Obscenity
New Frontiers of Speech
The Freedom of Association
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Schenck v. United States (1919)
Dennis v. United States (1951)
Brandenburg v. Ohio (1969)
New York Times Co. v. United States (1971)
Chaplinsky v. New Hampshire (1942)
United States v. O'Brien (1968)
Cohen v. California (1971)
New York Times Co. v. Sullivan (1964)
The Sedition Act of 1798
Texas v. Johnson (1989)
R.A.V. v. City of St. Paul (1992)
Hill v. Colorado (2000)
Miller v. California (1973)
City of Erie v. Pap's A. M. (2000)
Boy Scouts of America v. Dale (2000)
Freedom of Religion in Public and Private Life
Constitutional Interpretation and the Religion Clauses of the First Amendment
The Problem of Definition: What Is Religion?
The Establishment Clause: Strict Separation or Accommodation?
Religious Education and Observances in Public Schools
Prayer in the Schools
The School Curriculum
Public Aid for Private Religious Schools
Other Establishment Clause Issues
The Free Exercise Clause
Free Exercise and the Public Schools
Free Exercise and the Military
Reconciling the Establishment and Free Exercise Clauses
Comparative Perspectives
Establishment in Comparative Perspective
Free Exercise in Comparative Perspective
Defining Religion
Selected Bibliography
Selected Comparative Bibliography
Everson v. Board of Education (1947)
Engel v. Vitale (1962)
Lemon v. Kurtzman (1971)
Lynch v. Donnelly (1984)
Edwards v. Aguillard (1987)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
Good News Club et al. v. Milford Central School (2001)
Zelman, Superintendent of Public Instruction of Ohio v. Simmons-Harris (2002)
Davis v. Beason (1890)
West Virginia v. Barnette (1943)
Wisconsin v. Yoder (1972)
Sherbert v. Verner (1963)
Church of the Lukumi Babalu Aye, Inc. v. Hialeah (1993)
Employment Division v. Smith (1990)
Boerne v. Flores (1997)
The Equal Protection Clause and Racial Discrimination
Interpreting Equality
Racial Discrimination and the Supreme Court
Slavery and the Constitution
Civil War Amendments, Jim Crow, and Separate but Equal
Brown and the Evolution of Equal Protection
Affirmative Action and Equality
Private Discrimination and the State Action Doctrine
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Dred Scott v. Sandford (1856)
Strauder v. West Virginia (1880)
Plessy v. Ferguson (1896)
Brown v. Board of Education of Topeka (1954)
Keyes v. School District No. 1, Denver, Colorado (1973)
Milliken v. Bradley (1974)
The Civil Rights Cases (1883)
Shelley v. Kraemer (1948)
Palmore v. Sidoti (1984)
Regents of the University of California v. Bakke (1978)
Adarand Constructors, Inc. v. Pena (1995)
Grutter v. Bollinger (2003)
Gender Discrimination and Other Claims to Equality
Legislative Differentiation and the Meaning of Equality
Equal Protection and the Supreme Court: 1938-1960
The 1960s and Beyond
Fundamental Interests and Equality
Gender Discrimination
Other Claims to Equality and the Quest for Standards
Comparative Perspectives
Selected Bibliography
Selected Comparative Bibliography
Shapiro v. Thompson (1969)
San Antonio Independent School District v. Rodriguez (1973)
Plyler v. Doe (1982)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
United States v. Virginia (1996)
Nguyen v. Immigration and Naturalization Service (2001)
Foley v. Connelie (1978)
Trimble v. Gordon (1977)
Massachusetts Board of Retirement v. Murgia (1976)
Cleburne v. Cleburne Living Center (1985)
Romer v. Evans (1996)
Declaration of Independence
The United States Constitution
First Inaugural Address, Abraham Lincoln
The Gettysburg Address, Abraham Lincoln
Understanding Supreme Court Opinions
Glossary of Terms
Chronological Chart of the Justices
Legal Research on the World Wide Web
The Federalist No. 78
Table of Cases
Index
About the Authors