Constitutional Debate in Action: Governmental Powers / Edition 2

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Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume examines in-depth key landmark decisions. Governmental Powers covers: The Power of Judicial Review:Marbury v. Madison, The Commerce Power:NLRB v. Jones & Laughlin Steel Corp , The War Power:Korematsu v. United States, Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer, and Executive Privilege:United States v. Nixon.

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Editorial Reviews

Indiana University
I LOVE this book! So do my students. It really helps them see the political aspects of legal cases—and helps divert their attention from attempts to reduce the cases to mere mechanical doctrine.
— Judith Failer
Indiana University - Judith Failer
I LOVE this book! So do my students. It really helps them see the political aspects of legal cases—and helps divert their attention from attempts to reduce the cases to mere mechanical doctrine.
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Product Details

  • ISBN-13: 9780742535930
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 7/28/2004
  • Series: Constitutional Debate in Action Series
  • Edition description: Second Edition
  • Edition number: 2
  • Pages: 336
  • Product dimensions: 6.68 (w) x 8.86 (h) x 0.72 (d)

Meet the Author

H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy and professor of political science at Dickinson College.

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Table of Contents

Chapter 1 Preface Chapter 2 1The Power of Judicial Review:Marbury v. Madison Chapter 3 Oral Argument Chapter 4 The Opinion Chapter 5 Postscript Chapter 6 2 Commerce Power:NLRB v. Jones & Laughlin Steel Corp. Chapter 7 Briefs Chapter 8 NLRB's Brief Chapter 9 Jones & Laughlin Steel Company's Brief Chapter 10 Oral Argument Chapter 11 The Opinion Chapter 12 Postscript Chapter 13 3 The War Power:Korematsu v. United States Chapter 14 Briefs Chapter 15 Brief for Fred Korematsu Chapter 16 Brief for the United States Chapter 17 ACLU Amicus CuriaeBrief Chapter 18 JACL Amicus CuriaeBrief Chapter 19 Western States' Amicus CuriaeBrief Chapter 20 The Opinion Chapter 21 Postscript Chapter 22 4 Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer Chapter 23 Briefs Chapter 24 Brief for the Steel Companies Chapter 25 Brief for the Government Chapter 26 Oral Argument Chapter 27 The Opinion Chapter 28 Postscript Chapter 29 5 Executive Privilege:United States v. Nixon Chapter 30 Briefs Chapter 31 Special Prosecutor's Main Brief Chapter 32 President Nixon's Main Brief Chapter 33 Special Prosecutor's Reply Brief Chapter 34 President Nixon's Reply Brief Chapter 35 Oral Argument Chapter 36 The Opinion Chapter 37 Postscript

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