American Constitutional Law: Essays, Cases, and Comparative Notes / Edition 2

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A course on constitutional law and civil liberties can be-and is-nothing less than an extended inquiry into the meaning of America. American Constitutional Law, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great Supreme Court cases to engage important issues of political theory and the nature of our democracy. Although the focus is on law in the United States, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution, challenging the reader to assess American values in light of other legal systems and understandings of governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.

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Product Details

  • ISBN-13: 9780742526877
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 2/28/2004
  • Edition description: 2nd Edition
  • Edition number: 2
  • Pages: 1136
  • Product dimensions: 8.40 (w) x 10.28 (h) x 2.25 (d)

Meet the Author

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and Professor of Law at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is Patterson-Banister Professor of Government at the University of Texas, Austin.

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Table of Contents

Chapter 1 Preface Chapter 2 Introduction Part 3 I Institutional and Interpretive Foundations Chapter 4 1 The Supreme Court Chapter 5 2 The Constitution and Its Interpretation Part 6 II Intergovernmental Powers and Relationships Chapter 7 3 Judicial Power Chapter 9 Marbury v. Madison (1803) Chapter 10
• Martin v. Hunter's Lessee (1816) Chapter 11 Dred Scott v. Sandford (1856) Chapter 12 Cooper v. Aaron (1958) Chapter 13 Ex Parte McCardle (1868) Chapter 14 Luther v. Borden (1849) Chapter 15 Baker v. Carr (1962) Chapter 16 Goldwater v. Carter (1979) Chapter 17 Nixon v. United States (1993) Chapter 18 4 Separation of Powers Chapter 19 Schechter Poultry Corporation v. United States (1935) Chapter 20 Youngstown Sheet & Tube v. Sawyer (1952) Chapter 21 Powell v. McCormack (1969) Chapter 22 Immigration and Naturalization Service v. Chada (1983) Chapter 23 Morrison v. Olson (1988) Chapter 24 United States v. Nixon (1974) Chapter 25
• Clinton v. Jones (1997) Chapter 26
• Articles of Impeachment against President William Jefferson Clinton Chapter 27
• Clinton v. City of New York (1998) Chapter 28 5 Foreign Affairs and Constitutional Crises Chapter 29 Missouri v. Holland (1920) Chapter 30 Youngstown Sheet & Tube v. Sawyer (1952) Chapter 31 The Prize Cases (1862) Chapter 32 War Powers Resolution (1973) Chapter 33
• Iraq Resolution (2002) Chapter 34 United States v. Curtiss-Wright Export Corp. (1936) Chapter 35 Korematsu v. United States (1944) Chapter 36
• Zadvydas v. Davis (2001) Chapter 37 Ex Parte Milligan (1866) Chapter 38 Ex Parte Quirin (1942) Chapter 39 6 Federalism and State Regulation Chapter 40 McCulloch v. State of Maryland (1819) Chapter 41 New York v. United States (1992) Chapter 42
• Printz v. United States (1997) Chapter 43 U. S. Term Limits v. Thornton (1995) Chapter 44
• Alden v. Maine (1999) Chapter 45
• Federal Maritime Commission v. South Carolina State Ports Authority (2002) Chapter 46 Cooley v. Board of Wardens (1851) Chapter 47 Southern Pacific Company v. State of Arizona (1945) Chapter 48 City of Philadelphia v. New Jersey (1978) Chapter 49 Baldwin v. Fish and Game Commission of Montana (1978) Chapter 50 7 Congressional Powers Chapter 51 Gibbons v. Ogden (1824) Chapter 52 United States v. E. C. Knight Co. (1895) Chapter 53 Champion v. Ames (1903) Chapter 54 Hammer v. Dagenhart (1918) Chapter 55 National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) Chapter 56 Wickard v. Filburn (1942) Chapter 57 Heart of Atlanta Motel, Inc. v. United States (1964) Chapter 58 National League of Cities v. Usery (1976) Chapter 59 Garcia v. San Antonio Metropolitan Transit Authority (1985) Chapter 60 United States v. Lopez (1995) Chapter 61
• United States v. Morrison (2000) Chapter 62 United States v. Butler (1936) Chapter 63 South Dakota v. Dole (1987) Chapter 64 8 Voting and Political Representation Chapter 65
• Reynolds v. Sims (1964) Chapter 66
• Davis v. Bandemer (1986) Chapter 67 Shaw v. Reno (1993) Chapter 68
• Hunt v. Cromartie (1999) Chapter 69
• Democratic Party of the United States v. Wisconsin (1981) Chapter 70
• Buckley v. Valeo (1976) Chapter 71
• Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001) Chapter 72
• Bush v. Gore (2000) Part 73 III Liberty, Community, and Constitutional Interpretation Under the Bill of Rights Chapter 74 9 The Bill of Rights, Incorporation, and Capital Punishment Chapter 75 Barron v. Baltimore (1833) Chapter 76 The Slaughterhouse Cases (1873) Chapter 77 Palko v. Connecticut (1937) Chapter 78 Adamson v. California (1947) Chapter 79
• Rochin v. California (1952) Chapter 80 Duncan v. Louisiana (1968) Chapter 81 Gregg v. Georgia (1976) Chapter 82 *McCleskey v. Kemp (1987) Chapter 83
• Atkins v. Virginia (2002) Chapter 84 10 Liberty and Property Chapter 85 Calder v. Bull (1798) Chapter 86 Fletcher v. Peck (1810) Chapter 87 Charles River Bridge Company v. Warren Bridge (1837) Chapter 88 Home Building & Loan Association v. Blaisdell (1934) Chapter 89 Munn v. Illinois (1876) Chapter 90 Lochner v. New York (1905) Chapter 91 West Coast Hotel v. Parrish (1937) Chapter 92
• Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002) Chapter 93 11 Fundamental Rights: Privacy and Personhood Chapter 94 United States v. Carolene Products (1938) Chapter 95 Meyer v. Nebraska (1923) Chapter 96 Skinner v. Oklahoma (1942) Chapter 97 Griswold v. Connecticut (1965) Chapter 98 Roe v. Wade (1973) Chapter 99 Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Chapter 100
• Stenberg v. Carhart (2000) Chapter 101 DeShaney v. Winnebago County Department of Social Services (1989) Chapter 102 Moore v. East Cleveland (1977) Chapter 103
• Troxell v. Granville (2000) Chapter 104 Bowers v. Hardwick (1986) Chapter 105
• Lawrence v. Texas (2003) Chapter 106 Michael H. v. Gerald D. (1989) Chapter 107 Washington v. Glucksberg (1997) Chapter 108 12 Freedom of Speech Chapter 109 Schenck v. United States (1919) Chapter 110 Dennis v. United States (1951) Chapter 111 Brandenburg v. Ohio (1969) Chapter 112 New York Times Co. v. United States (1971) Chapter 113 Chaplinsky v. New Hampshire (1942) Chapter 114 United States v. O'Brien (1968) Chapter 115 Cohen v. California (1971) Chapter 116 New York Times Co. v. Sullivan (1964) Chapter 117
• The Sedition Act of 1798 Chapter 118 Texas v. Johnson (1989) Chapter 119 R. A. V. v. City of St. Paul (1992) Chapter 120
• Hill v. Colorado (2000) Chapter 121 Miller v. California (1973) Chapter 122
• City of Erie v. Pap's A. M. "Kandyland" (2000) Chapter 123
• Boy Scouts of America v. Dale (2000) Chapter 124 13 Freedom of Religion in Public and Private Life Chapter 125 Everson v. Board of Education (1947) Chapter 126 Engel v. Vitale (1962) Chapter 127 Lynch v. Donnelly (1984) Chapter 128 Edwards v. Aguillard (1987) Chapter 129 Wallace v. Jafree (1985) Chapter 130
• Lee v. Weisman (1992) Chapter 131
• Good News Club et al. v. Milford Central School (2001) Chapter 132
• Zelman, Superintendent of Public Instruction of Ohio v. Simmons-Harris (2002) Chapter 133 Davis v. Beason (1890) Chapter 134 West Virginia v. Barnette (1943) Chapter 135 Wisconsin v. Yoder (1972) Chapter 136 Sherbert v. Verner (1963) Chapter 137 Church of the Lukumi Bablu Aye, Inc. v. Hialeah (1993) Chapter 138 Employment Division v. Smith (1990) Chapter 139 Boerne v. Flores (1997) Chapter 140 14 The Equal Protection Clause and Racial Discrimination Chapter 141 Dred Scott v. Sandford (1856) Chapter 142 Strauder v. West Virginia (1880) Chapter 143 Plessy v. Ferguson (1896) Chapter 144 Brown v. Board of Education (1954) Chapter 145 Keyes v. School District No. 1, Denver Colorado (1973) Chapter 146 Milliken v. Bradley (1974) Chapter 147 The Civil Rights Cases (1883) Chapter 148 Shelley v. Kraemer (1948) Chapter 149 Palmore v. Sidoti (1984) Chapter 150 Regents of the University of California v. Bakke (1978) Chapter 151 Andarand Constructors, Inc. v. Pena (1995) Chapter 152
• Grutter v. Bollinger (2003) Chapter 153 15 Gender Discrimination and Other Calims to Equality Chapter 154 Shapiro v. Thompson (1969) Chapter 155 San Antonio Independent School District v. Rodriguez (1973) Chapter 156
• Plyler v. Doe (1982) Chapter 157 Frontiero v. Richardson (1973) Chapter 158 Craig v. Boren (1976) Chapter 159 United States v. Virginia (1996) Chapter 160
• Nguyen v. Immigration and Naturalization Service (2001) Chapter 161 Foley v. Connelie (1978) Chapter 162 Trimble v. Gordon (1977) Chapter 163 Massachusetts Board of Retirement v. Murgia (1976) Chapter 164 Cleburne v. Cleburne Living Center (1985) Chapter 165 Romer v. Evans (1996) Chapter 166 Appendix A The Delclaration of Indpendence Chapter 167 Appendix B The United States Constitution Chapter 168 Appendix C First Inaugural Address, Abraham Lincoln Chapter 169 Appendix D The Gettysburg Address, Abraham Lincoln Chapter 170 Appendix E Understanding Supreme Court Opinions Chapter 171 Appendix F Glossary of Terms Chapter 172 Appendix G Chronological Chart of the Justices Chapter 173 Appendix H Legal Research on the World Wide Web Chapter 174 Appendix I The Federalist No. 78

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