Constitutional Law for a Changing America

Sixth Auflage
ISBN: 978-1-4833-0780-0
Verlag: CQ PR

Buch, Englisch, 848 Seiten, Format (B × H): 207 mm x 253 mm, Gewicht: 1628 g

Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that US Supreme Court cases are more than just legal names and citations. With meticulous revising, the authors streamline material while accounting for recent landmark cases and new scholarship.

Ideal for a one semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format. Students and instructors benefit from the online Con Law Resource Center which houses the supplemental case archive, hypothetical cases, links to CQ Press reference materials, a moot court simluation, and the Without Prejudice blog.

Autoren/Hrsg.

Epstein, Lee J.

Walker, Thomas G.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Chronological Table of Cases
Tables, Figures, and Boxes
Preface
PART I: The U.S. Constitution
An Introduction to the U.S. Constitution
The Road to the U.S. Constitution
Underlying Principles of the Constitution
Chpater 1: The Living Constitution
The Amendment Process
The Supreme Court and the Living Constitution
Readings
Chapter 2: Understanding the 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
Readings
PART II: Institutional Authority
Structuring the Federal System
Origins of the Separation of Powers/Checks and Balances System
Separation of Powers and the Constitution
Chapter 3: The Judiciary
Establishment of the Federal Judiciary
Judicial Review
Marbury v. Madison (1803)
Constraints on Judicial Power
Ex Parte McCardle (1869)
Readings
Chapter 4: The Legislature
Article I: Historical Overview
Members of Congress: Qualifications, Immunity, and Discipline
U.S. Term Limits v. Thornton (1995)
The Sources and Scope of Legislative Powers
McCulloch v. Maryland (1819)
United States v. Curtiss-Wright Export Corp. (1936)
Congress and the Separation of Powers
Mistretta v. United States (1989)
Immigration and Naturalization Service v. Chadha (1983)
Readings
Chapter 5: The Executive
Selection and Formal Powers
The Domestic Powers of the President
Clinton v. City of New York (1998)
United States v. Nixon (1974)
Clinton v. Jones (1997)
The President and Foreign Affairs
Korematsu v. United States (1944)
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Hamdi v. Rumsfeld (2004)
Readings
PART III: Nation-State Relations
Allocating Government Power
The Framers and Federalism
The Allocation of Government Power
Chapter 6: Federalism: An Introduction
State Sovereignty and the Tenth Amendment
McCulloch v. Maryland (1819)
The Taney Court and the (Re)Emergence of States’ Rights
Dual Federalism and Laissez-Faire Economics
The (Re)Emergence of National Supremacy: Cooperative Federalism
Return of (a Milder Form of) Dual Federalism
Printz v. United States (1997)
The Eleventh Amendment
Readings
Chapter 7: The Commerce Power
Foundations of the Commerce Power
Gibbons v. Ogden (1824)
Attempts to Define the Commerce Power in the Wake of the Industrial Revolution
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)
The Era of Expansive Commerce Clause Jurisprudence
United States v. Darby (1941)
Wicked v. Filburn (1942)
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)
Gonzales v. Raich (2005)
National Federation of Independent Business v. Sebelius (2012)
Readings
Chapter 8: 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)
Intergovernmental Tax Immunity
Taxation as a Regulatory Power
Taxing and Spending for the General Welfare
South Dakota v. Dole (1987)
National Federation of Independent Business v. Sebelius (2012)
Reading
PART IV: Economic Liberties
Economic Liberties and Individual Rights
Chapter 9: The Contract Clause
The Framers and the Contract Clause
John Marshall and the Contract Clause
The Decline of the Contract Clause
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge (1837)
Home Building and Loan Association v. Blaisdell (1934)
Modern Applications of the Contract Clause
Readings
Chapter 10: Economic Substantive Due Process
The Development of Substantive Due Process
The Roller-Coaster Ride of Substantive Due Process: 1898-1923
Lochner v. New York (1905)
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
West Coast Hotel v. Parrish (1937)
Readings
Chapter 11: The Takings Clause
Protecting Private Property from Government Seizure
What Constitutes a Taking?
Penn Central Transportation Company v. City of New York (1978)
Lucas v. South Carolina Coastal Council (1992)
Public Use Requirement
Kelo v. City of New London (2005)
Readings
PART V: Civil Liberties
Approaching Civil Liberties
Chapter 12: Religion: Exercise and Establishment
Free Exercise of Religion
Sherbert v. Verner (1963)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
Religious Establishment
Everson v. Board of Education (1947)
School District of Abington Township v. Schempp; Murray v. Curlett (1963)
Lemon v. Kurtzman; Earley v. DiCenso (1971)
Zelman v. Simmons-Harris (2002)
Van Orden v. Perry (2005)
Readings
Chapter 13: Freedom of Speech, Assembly, and Association
The Development of Legal Standards: The Emergence of Law in Times of Crisis
Schenck v. United States (1919)
Contemporary Tests and Constitutional Guidelines
Content and Contexts
Texas v. Johnson (1989)
Chaplinsky v. New Hampshire (1942)
Morse v. Frederick (2007)
Snyder v. Phelps (2011)
West Virginia Board of Education v. Barnette (1943)
Boy Scouts of America v. Dale (2000)
Readings
Chapter 14: Freedom of the Press
Prior Restraint
Near v. Minnesota (1931)
The Media and Special Rights
Branzburg v. Hayes (1972)
The Boundaries of Free Press: Libel, Obscenity, and Emerging Areas of Government Concern
New York Times v. Sullivan (1964)
Miller v. California (1973)
Brown v. Entertainment Merchants Association (2011)
Regulating the Internet
Reno v. American Civil Liberties Union (1997)
Readings
Chapter 15: The Right to Keep and Bear Arms
Initial Interpretations
The Second Amendment Revisited
District of Columbia v. Heller (2008)
Heller and the States
Readings
Chapter 16: The Right to Privacy
The Right to Privacy: Foundations
Griswold v. Connecticut (1965)
Reproductive Freedom and the Right to Privacy
Roe v. Wade (1973)
Private Activities and the Application of Griswold
Lawrence v. Texas (2003)
Cruzan v. Director, Missouri Department of Health (1990)
Readings
PART VI: The Rights of the Criminally Accused
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making
Chapter 17: Investigations and Evidence
Searches and Seizures
United States v. Jones (2012)
Mapp v. Ohio (1961)
United States v. Leon (1984)
The Fifth Amendment and Self-Incrimination
Miranda v. Arizona (1966)
Readings
Chapter 18: Attorneys, Trials, and Punishments
The Right to Counsel
Gideon v. Wainwright (1963)
Fair Trials
Sentencing and the Eighth Amendment
Gregg v. Georgia (1976)
Atkins v. Virginia (2002)
Posttrial Stages
Readings
PART VII: Civil Rights
Civil Rights and the Constitution
The Fourteenth Amendment
The Fifteenth Amendment
Chapter 19: Discrimination
Racial Discrimination
Plessy v. Ferguson (1896)
Brown v. Board of Education of Topeka (1954)
Sex Discrimination
Reed v. Reed (1971)
Craig v. Boren (1976)
Economic Discrimination
San Antonio Independent School District v. Rodriguez (1973)
Discrimination Based on Sexual Orientation
Romer v. Evans (1996)
United States v. Windsor (2013)
Remedying the Effects of Discrimination: Affirmative Action
Grutter v. Bollinger (2003)
Readings
Chapter 20: Voting and Representation
Voting Rights
Shelby County, Alabama v. Holder (2013)
Contemporary Restrictions on the Right to Vote
Crawford v. Marion County Election Board (2008)
Election Campaign Regulation
Citizens United v. Federal Election Commission (2010)
Political Representation
Reynolds v. Sims (1964)
Miller v. Johnson (1995)
The 2000 Presidential Election
Bush v. Gore (2000)
Readings
Reference Material
Constitution of the United States
The Justices
Glossary
Online Case Archive List
Case Index
Subject Index

Über Autor(innen)

Epstein, Lee J.
Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, including The Choices Justices Make (co-authored with Jack Knight), which won the Pritchett Award for the Best Book on Law and Courts and the Lasting Contribution Award for making a “lasting impression on the field of law and courts.” The Constitutional Law for a Changing America series (co-authored with Thomas G. Walker) received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Her most recent books are The Behavior of Federal Judges, with William M. Landes and Richard A. Posner, and An Introduction to Empirical Legal Research, with Andrew D. Martin.

Walker, Thomas G.
Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University, where he teaches courses in constitutional law and the judicial process. He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won the V. O. Key, Jr. Award for the best book on southern politics, and the Constitutional Law for a Changing America series, with Lee Epstein. He is also author of Eligible for Execution: The Story of the Daryl Atkins Case (2009).