American Constitutional Law, Volume I: The Structure of Government [NOOK Book]

Overview


The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law provides a comprehensive account of the nation’s defining document, comparing how its provisions were originally understood by those who drafted and ratified it with contemporary constructions. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, ...
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American Constitutional Law, Volume I: The Structure of Government

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Overview


The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law provides a comprehensive account of the nation’s defining document, comparing how its provisions were originally understood by those who drafted and ratified it with contemporary constructions. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries to provide students with a sense of how the law has been interpreted over the years.

Now fully updated, the ninth edition of this classic volume features several new cases including National Federation of Independent Business v. Sebelius, Arizona v. United States, Caperton v. A. T. Massey Coal Company, Citizens United v. Federal Election Commission, Perry v. Brown, Snyder v. Phelps, and Holder v. Humanitarian Law Project.

Visit westviewconlaw.com for instructor resources, including recently decided cases, material from prior editions, and a glossary.

Ralph A. Rossum is Salvatori Professor of American Constitutionalism at Claremont McKenna College. He is the author or coauthor of ten books, including his most recent, The Supreme Court and Tribal Gaming. He has served in the U.S. Department of Justice and as a board member of its National Institute of Corrections. He currently serves on the California Advisory Committee of the U.S. Civil Rights Commission.

G. Alan Tarr is Distinguished Professor of Political Science and Director of the Center for State Constitutional Studies, Rutgers University, Camden. He is author of 12 books, including his most recent Without Fear or Favor. He has served as a constitutional consultant in Brazil, Burma, Cyprus, Russia, and South Africa. Three times an NEH Fellow, he is currently editor of a fifty-volume reference series on state constitutions.

ALSO AVAILABLE
AMERICAN CONSTITUTIONAL LAW
Volume I
The Structure of the Government
NINTH EDITION
Ralph A. Rossum and G. Alan Tarr
ISBN 978-0-8133-4745-5

ALSO AVAILABLE
AMERICAN CONSTITUTIONAL LAW
Two-Volume Set
NINTH EDITION
Ralph A. Rossum and G. Alan Tarr
ISBN 978-0-8133-4901-5
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Editorial Reviews

From the Publisher

Praise for Previous Editions:

"An excellent two-volume Constitutional Law case book with sophisticated introductions.”
Saul Brenner, University of North Carolina at Charlotte

"Its greatest strengths are threefold. First, the case excerpts are ideal for undergraduate students who are being exposed to the reading of case law for the first time and who are not familiar with legal nomenclature…The second great virtue of the book is that the introductory sections of each chapter, which precede the case law, succinctly summarize the law, history, and politics related to the cases that students are about to encounter. These introductions do an excellent job setting the context for the case law…The third great virtue of the R & T text is that the editors do as good a job as any constitutional law text tying the case law to what the framers of the constitutional provisions at issue had to say. This allows students to understand the original meaning of the Constitution in a way they might seldom appreciate with other textbooks that disregard or object to such approaches to constitutional law."
Anthony A. Peacock, Utah State University

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Product Details

  • ISBN-13: 9780813347462
  • Publisher: Westview Press
  • Publication date: 7/9/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition description: Ninth Edition, Ninth Edition
  • Edition number: 9
  • Pages: 704
  • Sales rank: 1,146,684
  • File size: 2 MB

Meet the Author

Ralph A. Rossum is Salvatori Professor of American Constitutionalism at Claremont McKenna College. He is the author or coauthor of ten books, including his most recent, The Supreme Court and Tribal Gaming. He has served in the U.S. Department of Justice and as a board member of its National Institute of Corrections. He currently serves on the California Advisory Committee of the U.S. Civil Rights Commission.

G. Alan Tarr is Distinguished Professor of Political Science and Director of the Center for State Constitutional Studies, Rutgers University, Camden. He is author of 12 books, including his most recent Without Fear or Favor. He has served as a constitutional consultant in Brazil, Burma, Cyprus, Russia, and South Africa. Three times an NEH Fellow, he is currently editor of a fifty-volume reference series on state constitutions.
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Table of Contents

1 INTERPRETATION OF THE CONSTITUTION
Approaches to Constitutional Interpretation
The Approaches in Perspective
The Ends of the Constitution
Constitutional Means to Constitutional Ends
Notes
Selected Readings

2 CONSTITUTIONAL ADJUDICATION
The Justices of the Supreme Court
The Supreme Court in the Federal Judicial System
How Cases Get to the Supreme Court
How the Supreme Court Decides Cases
The Impact of Supreme Court Decisions
Analyzing Supreme Court Decisions
Sources in Constitutional Law
Notes
Selected Readings

3 THE JUDICIAL POWER
The Power of Judicial Review
Externally Imposed Restraints on Judicial Review
Court-Imposed Restraints on Judicial Review
The Expanding Role of the Courts
The Courts, Judicial Review, and the Problem of Legitimacy
Notes
Selected Readings
CASES
Marbury v. Madison (1803)
Stuart v. Laird (1803)
Eakin v. Raub (1825)
Cooper v. Aaron (1958)
Plaut v. Spendthrift Farm, Inc. (1995)
Young v. United States ex rel. Vuitton (1987)
Ex parte McCardle (1869)
Lujan v. Defenders of Wildlife (1992)
Hein v. Freedom from Religion Foundation (2007)
Luther v. Borden (1849)
Baker v. Carr (1962)
Nixon v. United States (1993)
Deshaney v. Winnebago County Department of Social Services (1989)

4 THE LEGISLATIVE BRANCH
The Scope of Congressional Power
Powers That Facilitate Legislative Activity
Nonlegislative Powers
Safeguarding Legislative Power
Conclusions
Notes
Selected Readings
CASES
McCulloch v. Maryland (1819)
Powell v. McCormack (1969)
U.S. Term Limits, Inc. v. Thornton (1995)
Gravel v. United States (1972)
McGrain v. Daugherty (1927)
Watkins v. United States (1957)
Articles of Impeachment Against William Jefferson Clinton (1998)
Schechter Poultry Corporation v. United States (1935)
Mistretta v. United States (1989)
Immigration and Naturalization Service v. Chadha (1983)

5 THE EXECUTIVE BRANCH
The Aims of the Framers
Grants of Power and Their Use
Implied Powers
Prerogative Powers
Notes
Selected Readings
CASES
Clinton v. City of New York (1998)
Myers v. United States (1926)
Morrison v. Olson (1988)
United States v. Nixon (1974)
Clinton v. Jones (1997)
In re Neagle (1890)
Youngstown Sheet & Tube Company v. Sawyer (1952)

6 WAR AND FOREIGN AFFAIRS
The Interbranch Distribution of Power
The Foundation and Extent of the Foreign-Affairs Power
War and Individual Rights
Notes
Selected Readings
CASES
The Prize Cases (1863)
The War Powers Resolution (1973)
Authorization for Use of Military Force (2001)
United States v. Curtiss-Wright Export Corporation (1936)
Missouri v. Holland (1920)
Medellin v. Texas (2008)
Ex parte Milligan (1866)
Korematsu v. United States (1944)
Ex parte Quirin (1942)
The USA PATRIOT Act (2001)
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001)
Hamdi v. Rumsfeld (2004)
Boumediene v. Bush (2008)
Letter on Wiretapping by the National Security Agency (2005)
Congressional Research Service Memorandum (2006)

7 FEDERALISM
Federalism and the Founding
Federalism and the First Congress
Federalism and the Marshall Court
Federalism and Its Protection by Subsequent Courts
The Post–Civil War Amendments and the Shifting of the Federal Balance
Notes
Selected Readings
CASES
The Judiciary Act of 1789
Cohens v. Virginia (1821)
Coyle v. Smith (1911)
Baldwin v. Montana Fish and Game Commission (1978)
Dred Scott v. Sandford (1857)
New York v. United States (1992)
Printz v. United States (1997)
Alden v. Maine (1999)
Tennessee v. Lane (2004)
The Civil Rights Cases (1883)
Jones v. Alfred H. Mayer Company (1968)

8 THE EXERCISE OF NATIONAL POWER
The Commerce Power
The Taxing Power
The Spending Power
Health Care and the Constitution
Limitations on National Power
Notes
Selected Readings
CASES
Gibbons v. Ogden (1824)
United States v. E. C. Knight Company (1895)
Hammer v. Dagenhart (1918)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Wickard v. Filburn (1942)
Heart of Atlanta Motel v. United States (1964)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
United States v. Lopez (1995)
Gonzales v. Raich (2005)
United States v. Butler (1936)
United States v. Kahriger (1953)
South Dakota v. Dole (1987)
National Federation of Independent Business v. Sebelius (2012)

9 THE EXERCISE OF STATE POWER
Constitutional Principles
Preemption
Negative Implications of the Commerce Clause
State Regulation and the Modern Court
The Role of the Court
Notes
Selected Readings
CASES
Arizona v. United States (2012)
Cooley v. Board of Wardens (1852)
Southern Pacific Company v. Arizona (1945)
Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997)
Granholm v. Heald (2005)

10 THE CONSTITUTION AND NATIVE AMERICAN TRIBES
Native American Tribes and the New Republic
Tribal Self-Determination
Tribal Authority over Disposition of Lands
Tribal Authority to Institute a Government
Tribal Authority to Enter into Treaties
Tribes and Their Relation to the States
Tribal Authority to Administer Justice
Tribal Authority to Engage in “Indian Gaming”
Notes
Selected Readings
CASES
Cherokee Nation v. Georgia (1831)
Worcester v. Georgia (1832)
United States v. Kagama (1886)
Johnson v. McIntosh (1823)
Lone Wolf v. Hitchcock (1903)
Public Law 280 (1953)
United States v. Lara (2004)
Plains Commerce Bank v. Long Family Land and Cattle Company (2008)
California v. Cabazon Band of Mission Indians (1987)
Carcieri v. Salazar (2009)

11 THE CONTRACT CLAUSE
Marshall’s Expansion of the Contract Clause
The Decline of the Contract Clause
A Continued Relevance?
Notes
Selected Readings
CASES
Fletcher v. Peck (1810)
Dartmouth College v. Woodward (1819)
Charles River Bridge Company v. Warren Bridge Company (1837)
Home Building and Loan Association v. Blaisdell (1934)
United States Trust Company v. New Jersey (1977)
Buffalo Teachers Federation v. Tobe (2006)

12 ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE
The Fourteenth Amendment
The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause 565
Economic Regulation and the Rise of Substantive Due Process
The Demise of Substantive Due Process in the Economic Realm
Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm?
The Emergence of Substantive Due Process in the Civil Liberties Realm
The Takings Clause
Notes
Selected Readings
CASES
The Slaughter-House Cases (1873)
Saenz v. Roe (1999)
Munn v. Illinois (1877)
Lochner v. New York (1905)
West Coast Hotel Company v. Parrish (1937)
Williamson v. Lee Optical Company (1955)
State Farm Mutual Automobile Insurance Company v. Campbell (2003)
Caperton v. A. T. Massey Coal Company (2009)
United States v. Carolene Products Company (1938) 617
Kelo v. City of New London (2005) 617
Nollan v. California Coastal Commission (1987)
Lucas v. South Carolina Coastal Council (1992)
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002)

Dolan v. City of Tigard (1994)
THE CONSTITUTION OF THE UNITED STATES OF AMERICA
JUSTICES OF THE SUPREME COURT
GLOSSARY OF COMMON LEGAL TERMS
TABLE OF CASES

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