Constitutional Law: Cases and Materials
- ISBN-10
- 1587788810
- ISBN-13
- 9781587788819
- Series
- Constitutional Law
- Category
- Law / Constitutional
- Pages
- 1881
- Language
- English
- Published
- 2005
- Publisher
- Foundation Press
- Authors
- William Cohen, Vikram Amar, Jonathan D. Varat
Description
Constitutional Law, Cases and Materials provides an overview of constitutional law, focusing closely on Supreme Court decisions. The casebook cites key cases in its discussions of the Courts re-emphasis on federalism disputes, racial gerrymandering, sex discrimination material, and changes in first amendment standards. Federalism dispute cases include Seminole Tribe of Florida v. Florida, United States v. Lopez, and U.S. Term Limits, Inc. v. Thornton. Racial gerrymandering cases include Adarand Constructors, Inc. v. Pena. New sex discrimination material includes J.E.B. v. Alabama ex rel. T.B. and United States v. Virginia. Changes in First Amendment standards cases include 44 Liquormart, Inc. v. Rhode Island. First Amendment limits on cable television regulation cases include Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission.Summary of Contents" Table Of Cases" Part I. The Constitution And The Courts: The Judicial Function In Constitutional CasesChapter1. The Constitution1. The Constitution of the United States of America2. History of the Adoption of the Constitution and Its Most Significant Amendments2. Judicial Review1. The Legitimacy of Judicial Review2. Congressional Control of Judicial Review by the Federal Courts3. The Jurisdiction of Federal Courts in Constitutional Cases1. Supreme Court Review of State Court Decisions2. Constitutional Litigation Initiated in the Federal Courts3. Cases and Controversies and Justiciability" Part II. Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and the Courts4. The Scope of National Power1. The Constitutional Convention and the Establishment of a National Government2. Sources of National Power: Early Developments3. The Scope of National Power Today5. State Sovereignty and Federal Regulation1. State Immunity From Federal Regulation2. Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment6. The Scope of State Power1. Introduction2. Discrimination Against Interstate Commerce3. Implied Restrictions of the Commerce ClauseTransportation4. Implied Restrictions of the Commerce ClauseProduction and Trade5. Effect of Other Constitutional Provisions on State Regulatory Power6. Preemption of State Legislation By Federal LegislationThe Impact of the Supremacy Clause7. Separation of Powers1. The Presidents Power to Determine National Policy2. Congressional Interference With Presidential Prerogatives3. Presidential Immunities" Part III. Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses8. The Bill of Rights, The Civil War Amendments and Their InterRelationship1. The PreCivil War Background2. The Initial Interpretation of the Civil War Amendments3. Application of the Bill of Rights to the States9. The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation1. Economic Regulatory Legislation2. Protection of Personal Liberties10. The Equal Protection Clause and the Review of the Reasonableness of Legislation1. IntroductionThe Scope of Equal Protection2. Social and Economic Regulatory Legislation3. Suspect Classifications4. Protection of Personal Liberties11. Defining the Scope of "Liberty" and "Property" Protected By the Due Process ClauseThe Procedural Due Process Cases1. When Does Due Process Mandate Constitutional Procedures?2. Procedural Due Process and Irrebuttable Presumptions12. Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments1. Early Interpretation2. Application of the Constitution to Private Conduct3. Federal Civil Rights Legislation4. Federal Power to Regulate Private Conduct Under the Thirteenth Amendment5. Federal Power to Regulate Private Conduct Under the Fourteenth Amendment6. The Scope of Congressional Power to Redefine the Amendments" Part IV. Constitutional Protection of Expression and Conscience13. Governmental Control of the Content of Expression1. An Introduction to Problems of Content Control of Speech2. Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint3. Speech Conflicting With Other Community Values: Government Control of the Content of Speech14. Restrictions on Time, Place, or Manner of Expression1. The Traditional Public Forum: Speech Activities in Streets and Parks2. The NonTraditional ForumSpeech Activities in Public Property Other Than Parks and Streets3. Speech on Private Premises4. Speech in the Public Schools5. Government Subsidies to Speech15. Protection of Penumbral First Amendment Rights1. Symbolic Speech2. Compelled Affirmation of Belief3. Freedom of Association4. Application of the First Amendment to Government Regulation of Elections5. Speech and Association Rights of Government Employees16. Freedom of the Press1. Introduction2. Restraints on Editorial Judgment3. Prohibition of Publication of Government Information4. Government Demands for Confidential Press Information5. Press Access to Government Information6. Special Problems of the Electronic Media17. Religion and the Constitution1. The Establishment Clause2. The Free Exercise of Religion" Appendix" Index
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