American Constitutional Law The Structure of Government

ISBN-10: 0813347459

ISBN-13: 9780813347455

Edition: 9th 2014

Authors: Ralph A. Rossum, G. Alan Tarr

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Description:

American Constitutional Law provides a comprehensive account of the nation’s defining document. Based on the premise that the study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America, this text puts current events in terms of what those who initially drafted and ratified the Constitution sought to accomplish. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Now fully updated, the ninth edition of this classic volume features several new cases including National Federation of Independent Business v. Sebelius, Arizona v. United States, Caperton v. A. T. Massey Coal Company, Citizens United v. Federal Election Commission, Perry v. Brown, and Snyder v. Phelps. Visit www.westviewconlaw.com for instructor resources, including cases decided after the ninth edition, cases included in previous editions, and a glossary.
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Book details

List price: $131.50
Edition: 9th
Copyright year: 2014
Publisher: Westview Press
Publication date: 7/30/2013
Binding: Paperback
Pages: 704
Size: 7.25" wide x 10.00" long x 1.50" tall
Weight: 2.882
Language: English

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
The Judicial Power
The Power of Judicial Review
Externally Imposed Restraints on Judicial Review
Court-Imposed Restraints on Judicial Review
The Expanding Role of the Courts
The Courts, Judicial Review, and the Problem of Legitimacy
Notes
Selected Readings
Cases
Marbury v. Madison (1803)
Stuart v. Laird (1803)
Eakin v. Raub (1825)
Cooper v. Aaron (1958)
Plant v. Spendthrift Farm, Inc. (1995)
Young v. United States ex rel. Vuitton (1987)
Ex parte McCardle (1869)
Lujan v. Defenders of Wildlife (1992)
Hein v. Freedom from Religion Foundation (2007)
Luther v. Borden (1849)
Baker v. Carr (1962)
Nixon v. United States (1993)
Deshaney v. Winnebago County Department of Social Services (1989)
The Legislative Branch
The Scope of Congressional Power
Powers That Facilitate Legislative Activity
Nonlegislative Powers
Safeguarding Legislative Power
Conclusions
Notes
Selected Readings
Cases
McCulloch v. Maryland (1819)
Powell v. McCormack (1969)
U.S. Term Limits, Inc. v. Thornton (1995)
Gravely. United States (1972)
McGrain v. Daugherty (1927)
Watkins v. United States (1957)
Articles of Impeachment Against William Jefferson Clinton (1998)
Schechter Poultry Corporation v. United States (1935)
Mistretta v. United States (1989)
Immigration and Naturalization Service v. Chadha (1983)
The Executive Branch
The Aims of the Framers
Grants of Power and Their Use
Implied Powers
Prerogative Powers
Notes
Selected Readings
Cases
Clinton v. City of New York (1998)
Myers v. United States (1926)
Morrison v. Olson (1988)
United States v. Nixon (1974)
Clinton v. Jones (1997)
In re Neagle (1890)
Youngstown Sheet & Tube Company v. Sawyer (1952)
War and Foreign Affairs
The Interbranch Distribution of Power
The Foundation and Extent of the Foreign-Affairs Power
War and Individual Rights
Notes
Selected Readings
Cases
The Prize Cases (1863)
The War Powers Resolution (1973)
Authorization for Use of Military Force (2001)
United States v. Curtiss-Wright Export Corporation (1936)
Missouri v. Holland (1920)
Medellin v. Texas (2008)
Ex parte Milligan (1866)
Korematsu v. United States (1944)
Ex parte Quirin (1942)
The USA PATRIOT Act (2001)
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001)
Hamdi v. Rumsfeld (2004)
Boumediene v. Bush (2008)
Letter on Wiretapping by the National Security Agency (2005)
Congressional Research Service Memorandum (2006)
Federalism
Federalism and the Founding
Federalism and the First Congress
Federalism and the Marshall Court
Federalism and Its Protection by Subsequent Courts
The Post-Civil War Amendments and the Shifting of the Federal Balance
Notes
Selected Readings
Cases
The Judiciary Act of 1789
Cohens v. Virginia (1821)
Coyle v. Smith (1911)
Baldwin v. Montana Fish and Game Commission (1978)
Dred Scott v. Sandford (1857)
New York v. United States (1992)
Printz v. United States (1997)
Alden v. Maine (1999)
Tennessee v. Lane (2004)
The Civil Rights Cases (1883)
Jones v. Alfred H. Mayer Company (1968)
The Exercise of National Power
The Commerce Power
The Taxing Power
The Spending Power
Health Care and the Constitution
Limitations on National Power
Notes
Selected Readings
Cases
Gibbons v. Ogden (1824)
United States v. E. C. Knight Company (1895)
Hammer v. Dagenhart (1918)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Wickard v. Filbum (1942)
Heart of Atlanta Motel v. United States (1964)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
United States v. Lopez (1995)
Gonzales v. Raich (2005)
United States v. Butler (1936)
United States v. Kahriger (1953)
South Dakota v. Dole (1987)
National Federation of Independent Business v. Sebelius (2012)
The Exercise of State Power
Constitutional Principles
Preemption
Negative Implications of the Commerce Clause
State Regulation and the Modern Court
The Role of the Court
Notes
Selected Readings
Cases
Arizona v. United States (2012)
Cooley v. Board of Wardens (1852)
Southern Pacific Company v. Arizona (1945)
Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997)
Granholm v. Heald (2005)
The Constitution and Native American Tribes
Native American Tribes and the New Republic
Tribal Self-Determination
Tribal Authority over Disposition of Lands
Tribal Authority to Institute a Government
Tribal Authority to Enter into Treaties
Tribes and Their Relation to the States
Tribal Authority to Administer Justice
Tribal Authority to Engage in "Indian Gaming"
Notes
Selected Readings
Cases
Cherokee Nation v. Georgia (1831)
Worcester v. Georgia (1832)
United States v. Kagama (1886)
Johnson v. McIntosh (1823)
Lone Wolf v. Hitchcock (1903)
Public Law 280 (1953)
United States v. Lara (2004)
Plains Commerce Bank v. Long Family Land and Cattle Company (2008)
California v. Cabazon Band of Mission Indians (1987)
Carcieri v. Salazar (2009)
The Contract Clause
Marshall's Expansion of the Contract Clause
The Decline of the Contract Clause
A Continued Relevance?
Notes
Selected Readings
Cases
Fletcher v. Peck (1810)
Dartmouth College v. Woodward (1819)
Charles River Bridge Company v. Warren Bridge Company (1837)
Home Building and Loan Association v. Blaisdell (1934)
United States Trust Company v. New Jersey (1977)
Buffalo Teachers Federation v. Tobe (2006)
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)
The Constitution of the United States of America
Justices of the Supreme Court
Glossary of Common Legal Terms
Table of Cases
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