American Constitutional Law: Essays, Cases, and Comparative Notes / Edition 3

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Overview

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance. Volume 1 of this text focuses on governmental structures and relationships and includes a chapter on elections and political representation.

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Editorial Reviews

Frank J. Colucci
Kommers, Finn and Jacobsohn have created an ideal introduction to constitutional law. Every element of this text emphasizes how disagreements among Supreme Court Justices past and present reflect competing visions about the proper scope of judicial power and about the very nature of American constitutionalism.
Mariah Zeisberg
This should quickly become one of the most important major casebooks in constitutional law. The introductory essays place the cases into well-developed contexts of history and political theory. The casebook's major new contribution is its elegant and rigorous use of materials necessary to evaluate the constitution through a comparativist perspective. An outstanding casebook.
David Fontana
At a time when the study and practice of constitutional law has once again become increasingly global, this casebook stands alone among all American constitutional law casebooks for the amount and excellence of its treatment of comparative constitutional issues.
Donald A. Downs
The third edition of American Constitutional Law is a tour de force in the realm of constitutional law texts. The authors do a remarkable job of placing American constitutional lawmaking in broader normative, interpretive, political, historical, and comparative contexts. They show how constitutional lawmaking is an interesting and contested enterprise that includes much more than the decisions of courts; and they invite the teacher, student, and reader to think critically and for themselves about constitutional law. For instructors who want their students to understand and participate in the compelling an controversial enterprise of constitutional politics and lawmaking, this text is the book for them.
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Product Details

  • ISBN-13: 9780742563674
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 7/16/2009
  • Edition description: 3rd Edition
  • Edition number: 3
  • Pages: 512
  • Product dimensions: 7.90 (w) x 10.00 (h) x 1.10 (d)

Meet the Author

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and professor of law emeritus at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is H. Malcolm MacDonald Professor in Constitutional and Comparative Law in the Department of Government at University of Texas at Austin.

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Table of Contents

Part 1 Preface Part 2 Introduction Part 3 Part I: Institutional and Interpretive Foundations Part 4 Chapter 1: The Supeme Court Part 5 Chapter 2: The Constitution and Its Interpretation Part 6 Part II: Intergovernmental Powers and Relationships Part 7 Chapter 3: Judicial Power Part 8 Marbury v. Madison (1803) Part 9 Martin v. Hunter's Lessee (1816) Part 10 Dred Scott v. Sandford (1856) Part 11 Cooper v. Aaron (1958) Part 12 Ex Parte McCardle (1868) Part 13 Luther v. Borden (1849) Part 14 Baker v. Carr (1962) Part 15 Nixon v. United States (1993) Part 16 Chapter 4: Separation of Powers Part 17 Schechter Poultry Corporation v. United States (1935) Part 18 Youngstown Sheet & Tube Co. v. Sawyer (1952) Part 19 Powell v. McCormack (1969) Part 20 Immigration and Naturalization Service v. Chadha (1983) Part 21 Morrison v. Olson (1988) Part 22 United States v. Nixon (1974) Part 23 Cheney v. U.S. (2004) Part 24 Clinton v. Jones (1997) Part 25 Chapter 5: Foreign Affairs and Constitutional Crises Part 26 State of Missouri v. Holland (1920) Part 27 Youngstown Sheet & Tube Co. v. Sawyer (1952) Part 28 The Prize Cases (1862) Part 29 War Powers Resolution (1973) Part 30 United States. v. Curtiss-Wright Export Corp. (1936) Part 31 Korematsu v. United States (1944) Part 32 Ex Parte Milligan (1866) Part 33 Hamden v. Rumsfeld (2006) Part 34 Boumediene v. Bush (2008) Part 35 Chapter 6: Federalism and State Regulation Part 36 McCulloch v. State of Maryland (1819) Part 37 New York v. United States (1992) Part 38 Printz v. United States (1997) Part 39 U.S. Term Limits, Inc. v. Thornton (1995) Part 40 Alden v. Maine (1999) Part 41 Federal Maritime Commission v. South Carolina State Ports Authority (2002) Part 42 Cooley v. Board of Wardens (1851) Part 43 Southern Pacific Company v. State of Arizona (1945) Part 44 City of Philadelphia v. New Jersey (1978) Part 45 Granholm v. Heald (2005) Part 46 Chapter 7: Congressional Powers Part 47 Gibbons v. Ogden (1824) Part 48 United States v. E.C. Knight Co. et al. (1895) Part 49 Champion v. Ames (1903) Part 50 Hammer v. Dagenhart (1918) Part 51 National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) Part 52 Wickard v. Filburn (1942) Part 53 Heart of Atlanta Motel, Inc. v. United States (1964) Part 54 United States v. Lopez (1995) Part 55 United States v. Morrison (2000) Part 56 Gonzales v. Raich (2005) Part 57 United States v. Butler (1936) Part 58 South Dakota v. Dole (1987) Part 59 Chapter 8: Voting and Political Representation Part 60 Crawford v. Marion County Election Board (2008) Part 61 Reynolds v. Sims (1964) Part 62 Davis v. Bandemer (1986) Part 63 Shaw v. Reno (1993) Part 64 Hunt v. Cromartie (1999) Part 65 California Democratic Party v. Jones (2000) Part 66 Buckley v. Valeo (1976) Part 67 McConnell v. Federal Election Commission (2003) Part 68 Bush v. Gore (2000) Part 69 Appendix A Declaration of Independence Part 70 Appendix B The United States Constitution Part 71 Appendix C First Inaugural Address, Abraham Lincoln Part 72 Appendix D The Gettysburg Address, Abraham Lincoln Part 73 Appendix E Understanding Supreme Court Opinions Part 74 Appendix F Glossary of Terms Part 75 Appendix G Chronological Chart of the Justices Part 76 Appendix H Legal Research on the World Wide Web Part 77 Appendix IThe Federalist No. 78 Part 78 Table of Cases Part 79 Index Part 80 About the Authors

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