American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments [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, Volume II 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, ...
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American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

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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, Volume II 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 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

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: 9780813347486
  • Publisher: Westview Press
  • Publication date: 7/9/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition description: Ninth Edition, Ninth Edition
  • Edition number: 9
  • Pages: 896
  • Sales rank: 1,221,397
  • 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

PREFACE
NOTE TO THE READER

1 INTERPRETATION OF THE CONSTITUTION 1
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 RIGHTS UNDER THE CONSTITUTION
Rights and the Founding
The Fourteenth Amendment
Due Process and the Bill of Rights
Rights During Wartime and Other Emergencies
The Second Amendment
Notes
Selected Readings
CASES
Barron v. Baltimore (1833)
Palko v. Connecticut (1937)
Adamson v. California (1947)
Duncan v. Louisiana (1968)
Ex parte Milligan (1866)
Korematsu v. United States (1944)
Hamdi v. Rumsfeld (2004)
Boumediene v. Bush (2008)
District of Columbia v. Heller (2008)

4 ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE
The Fourteenth Amendment
The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause
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)
Kelo v. City of New London (2005)
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)

5 FREEDOM OF SPEECH, PRESS, AND ASSOCIATION
The Meaning of the First Amendment
First Amendment Standards
Political Expression
The Regulation of Speech and Association
Restraints on the Press
Libel and the Invasion of Privacy
Obscenity
Conclusions
Notes
Selected Readings
CASES
Gitlow v. New York (1925)
Schenck v. United States (1919)
Dennis v. United States (1951)
Barenblatt v. United States (1959)
Brandenburg v. Ohio (1969)
Holder v. Humanitarian Law Project (2010)
Citizens United v. Federal Election Commission (2010)
Boy Scouts of America v. Dale (2000)
Texas v. Johnson (1989)
R. A. V. v. City of St. Paul (1992)
Snyder v. Phelps (2011)
Near v. Minnesota (1931)
New York Times Company v. United States (1971)
Branzburg v. Hayes (1972)
Memorandum Opinion and Order, Federal Communications Commission (1987)
New York Times v. Sullivan (1964)
Miller v. California / Paris Adult Theater I v. Slaton (1973)
Reno v. American Civil Liberties Union (1997)
Indianapolis Anti-Pornography Ordinance (1984)

6 FREEDOM OF RELIGION
Establishment of Religion
Free Exercise of Religion
Reconciling the Religion Clauses
Trends and Prospects
Notes
Selected Readings
CASES
Everson v. Board of Education (1947)
School District of Abington Township v. Schempp (1963)
Lemon v. Kurtzman (1971)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
McCreary County v. American Civil Liberties Union (2005)
Van Orden v. Perry (2005)
Rosenberger v. University of Virginia (1995)
Zelman v. Simmons-Harris (2002)
West Virginia Board of Education v. Barnette (1943)
Sherbert v. Verner (1963)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
City of Boerne v. Flores, Archbishop of San Antonio (1997)
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)

7 CRIMINAL PROCEDURE
The Ex Post Facto Clauses
Search and Seizure
Self-Incrimination and Coerced Confessions
Due Process of Law
The Right to Counsel
The Insanity Defense
The Entrapment Defense
Trial by Jury
The Right to a Speedy Trial
The Right to Confrontation
Plea Bargaining
Bail and Pretrial Detention
Cruel and Unusual Punishments
Prisoners’ Rights
Retroactive Application of Criminal Procedure Guarantees
Basic Themes in the Court’s Criminal Procedure Decisions
Notes
Selected Readings
CASES
Stogner v. California (2003)
Smith v. Doe (2003)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002)
Indianapolis v. Edmond (2000)
Mapp v. Ohio (1961)
Olmstead v. United States (1928)
Katz v. United States (1967)
Miranda v. Arizona (1966)
Dickerson v. United States (2000)
Nix v. Williams (1984)
Connecticut Department of Public Safety v. Doe (2003)
Powell v. Alabama (1932)
Gideon v. Wainwright (1963)
Clark v. Arizona (2006)
Jacobson v. United States (1992)
Blakely v. Washington (2004)
Michigan v. Bryant (2011)
Gregg v. Georgia (1976)
Kennedy v. Louisiana (2008)
Roper v. Simmons (2005)
Miller v. Alabama (2012)
Harmelin v. Michigan (1991)
Ewing v. California (2003)

8 THE EQUAL PROTECTION CLAUSE AND RACIAL DISCRIMINATION
Race and the Founding
Racial Desegregation
Private Discrimination and the Concept of State Action
Racial Discrimination in Jury Trials
Racial Discrimination in Prisons
Proof of Discrimination: Disparate Treatment Versus Disparate Impact
Notes
Selected Readings
CASES
Plessy v. Ferguson (1896)
Brown v. Board of Education (1954)
Bolling v. Sharpe (1954)
Brown v. Board of Education (1955)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Milliken v. Bradley (1974)
United States v. Fordice (1992)
Missouri v. Jenkins (1995)
Shelley v. Kraemer (1948)
Moose Lodge No. 107 v. Irvis (1972)
Georgia v. McCollum (1992)
Johnson v. California (2005)
The Civil Rights Act of 1991
Ricci v. DeStefano (2009)

9 SUBSTANTIVE EQUAL PROTECTION
The Two-Tier Approach
The Development of an Intermediate Level of Review
Suspect Classifications
Fundamental Rights
The Future of Equal-Protection Analysis
Notes
Selected Readings
CASES
Richmond v. J. A. Croson Company (1989)
Adarand Constructors, Inc. v. Peña (1995)
Grutter v. Bollinger (2003)
Gratz v. Bollinger (2003)
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Foley v. Connelie (1978)
Trimble v. Gordon (1977)
Massachusetts Board of Retirement v. Murgia (1976)
Frontiero v. Richardson (1973)
United States v. Virginia (1996)
Rostker v. Goldberg (1981)
Shapiro v. Thompson (1969)
San Antonio Independent School District v. Rodriguez (1973)
Armour v. Indianapolis (2012)

10 VOTING AND REPRESENTATION
Equal Protection and the Right to Vote
Race and Representation: The Fifteenth Amendment and the Voting Rights Act
Notes
Selected Readings
CASES
Wesberry v. Sanders (1964)
Reynolds v. Sims (1964)
Vieth v. Jubelirer (2004)
Harper v. Virginia State Board of Elections (1966)
Dunn v. Blumstein (1972)
Crawford v. Marion County Election Board (2008)
Bush v. Gore (2000)
Katzenbach v. Morgan (1966)
Thornburg v. Gingles (1986)
Shaw v. Reno (1993)
League of United Latin American Citizens v. Perry (2006)
Northwest Austin Municipal Utility District Number One v. Holder (2009)

11 THE RIGHT TO PRIVACY
The Constitutional Basis
What the Right to Privacy Protects
Qualifications on the Right to Privacy
Privacy and the Right to Die
Notes
Selected Readings
CASES
Troxel v. Granville (2000)
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Gonzales v. Carhart (2007)
Lawrence v. Texas (2003)
Perry v. Brown (2012)
Defense of Marriage Act of 1996
Cruzan v. Director, Missouri Department of Health (1990)
Washington v. Glucksberg (1997)
Vacco v. Quill (1997)

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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