Constitutional Law, 2003 Case Supplement

Overview

This timely Case Supplement adds currency and depth to the balanced presentation of doctrine and practice that has earned Constitutional Law, Fourth Edition by Stone, Seidman, Sunstein, and Tushnet its leading position in the field.

This 2003 Supplement integrates coverage of cases for the 2002-2003 Supreme Court term.

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Overview

This timely Case Supplement adds currency and depth to the balanced presentation of doctrine and practice that has earned Constitutional Law, Fourth Edition by Stone, Seidman, Sunstein, and Tushnet its leading position in the field.

This 2003 Supplement integrates coverage of cases for the 2002-2003 Supreme Court term.

Read More Show Less

Product Details

  • ISBN-13: 9780735534773
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 9/1/2003
  • Edition description: Supplement
  • Edition number: 4
  • Pages: 247

Table of Contents

Table of Cases xi
Table of Authorities xv
Acknowledgments xxiii
Chapter 1. The Role of the Supreme Court in the Constitutional Order 1
A. Introduction: Some Notes on the History and Theory of the Constitution 1
B. The Basic Framework 1
E. "Case or Controversy" Requirements and the Passive Virtues 3
Bush v. Gore 3
Note: Bush v. Gore 16
Chapter 2. The Powers of Congress 31
A. Introduction 31
B. The Basic Issues: Federalism and Judicial Review 31
C. The Evolution of Commerce Clause Doctrine: The Lessons (?) of History 32
D. Other Powers of Congress: Are They More (or Less) Plenary than the Commerce Power? 35
Chapter 3. Judicial Efforts to Protect the Expansion of the Market Against Assertions of Local Power 39
A. The Fundamental Framework 39
C. Facially Neutral Statutes with Effects on Commerce 40
Chapter 4. The Distribution of National Powers 41
A. Introduction 41
B. A Case Study: Presidential Seizure 43
C. Domestic Affairs 48
D. Foreign Affairs 51
Chapter 5. Equality and the Constitution 59
B. Equal Protection Methodology: Rational Basis Review 59
C. Equal Protection Methodology: Heightened Scrutiny and the Problem of Race 61
Grutter v. Bollinger 70
Gratz v. Bollinger 91
D. Equal Protection Methodology: Heightened Scrutiny and the Problem of Gender 95
Nguyen v. Immigration and Naturalization Service 97
E. Equal Protection Methodology: The Problem of Sexual Orientation 103
F. Equal Protection Methodology: Other Candidates for Heightened Scrutiny 104
Chapter 6. Implied Fundamental Rights 107
E. Fundamental Interests and the Equal Protection Clause 107
F. Modern Substantive Due Process 109
Lawrence v. Texas 109
H. The Contracts and Takings Clauses 125
Palazzolo v. Rhode Island 125
Chapter 7. Freedom of Expression 135
A. Introduction 135
B. Content-Based Restrictions: Dangerous Ideas and Information 139
C. Overbreadth, Vagueness, and Prior Restraint 150
D. Content-Based Restrictions: "Low" Value Speech 151
Thomson v. Western States Medical Center 153
Lorillard Tobacco Co. v. Reilly 157
Ashcroft v. The Free Speech Coalition 166
City of Los Angeles v. Alameda Books 171
Virginia v. Black 174
E. Content-Neutral Restrictions: Limitations on the Means of Communication and the Problem of Content-Neutrality 189
Bartnicki v. Vopper 189
Legal Services Corp. v. Velazquez 196
United States v. American Library Association 201
F. Freedom of The Press 221
Chapter 8. The Constitution and Religion 227
A. Introduction 227
B. The Establishment Clause 228
Zelman v. Simmons-Harris 229
D. Permissible Accommodation 235
Chapter 9. The Constitution, Baselines, and the Problem of Private Power 237
C. Constitutionally Impermissible Departures from Neutrality: State Subsidization, Approval, and Encouragement 237
Brentwood Academy v. Tennessee Secondary School Athletic Association 237
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