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, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.

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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 and controversial enterprise of constitutional politics and lawmaking, this text is the book for them.
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Product Details

  • ISBN-13: 9780742563681
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 7/16/2009
  • Edition description: 3rd Edition
  • Edition number: 3
  • Pages: 795
  • Product dimensions: 8.15 (w) x 10.09 (h) x 1.57 (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 & Comparative Law in the Department of Government at University of Texas at Austin.
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Table of Contents

Preface
Introduction 1
Pt. I Institutional and Interpretive Foundations 9
Ch. 1 The Supreme Court 11
Ch. 2 The Constitution and Its Interpretation 31
Pt. II Intergovernmental Powers and Relationships 57
Ch. 3 Judicial Power 61
Ch. 4 Separation of Powers 109
Ch. 5 Foreign Affairs and Constitutional Crises 171
Ch. 6 Federalism and State Regulation 231
Ch. 7 Congressional Powers 299
Ch. 8 Voting and Political Representation 365
Pt. III Liberty, Community, and Constitutional Interpretation under the Bill of Rights 425
Ch. 9 The Bill of Rights, Incorporation, and Capital Punishment 431
Ch. 10 Liberty and Property 501
Ch. 11 Fundamental Rights: Privacy and Personhood 553
Ch. 12 Freedom of Speech 679
Ch. 13 Freedom of Religion in Public and Private Life 773
Ch. 14 The Equal Protection Clause and Racial Discrimination 887
Ch. 15 Gender Discrimination and Other Claims to Equality 969
App. A Declaration of Independence 1035
App. B The United States Constitution 1037
App. C First Inaugural Address, Abraham Lincoln 1047
App. D The Gettysburg Address, Abraham Lincoln 1051
App. E Understanding Supreme Court Opinions 1053
App. F Glossary of Terms 1057
App. G Chronological Chart of the Justices 1063
App. H Legal Research on the World Wide Web 1067
App. I The Federalist No. 78 1069
Table of Cases 1073
Index 1083
About the Authors 1095
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