Constitutional Law, 2004 Supplement


To ensure that you have the most up-to-date materials for your constitutional law class, make sure you use Chemerinsky's 2004 Case Supplement. The expert author brings you the very latest cases and materials through the 2003-2004 Supreme Court term.

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To ensure that you have the most up-to-date materials for your constitutional law class, make sure you use Chemerinsky's 2004 Case Supplement. The expert author brings you the very latest cases and materials through the 2003-2004 Supreme Court term.

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Product Details

  • ISBN-13: 9780735544642
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 8/28/2004
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 457

Table of Contents

Preface xiii
Introduction: Are Military Tribunals Constitutional? 1
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism 1
Ex parte Quirin 6
Chapter 1. The Federal Judicial Power 17
B. Limits on the Federal Judicial Power 17
3. Justiciability Limits 17
b. Standing 17
ii. Prudential Standing Requirements (casebook, p. 54) 17
Elk Grove Unified School Dist. v. Newdow 17
c. Ripeness (casebook, p. 66) 30
e. The Political Question Doctrine 31
i. The Policitcal Question Doctrine Defined: The Issue of Partisan Gerrymandering (casebook, p. 81) 31
Vieth v. Jubelirer 31
ii. The Political Question Doctrine Applied: Congressional Self-Governance (casebook, p. 81) 47
Chapter 2. The Federal Legislative Power 49
A. Introduction: Congress and the States 49
McCulloch v. Maryland 49
B. The Commerce Power 59
4. 1990s-???: Narrowing of the Commerce Power and Revival of the Tenth Amendment as a Constraint on Congress 59
a. What Is Congress's Authority to Regulate "Commerce Among the States"? (casebook, p. 143) 59
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers 59
Pierce County, Washington v. Guillen 65
C. The Taxing and Spending Power (casebook, p. 180) 67
Sabri v. United States 67
E. Congress's Power to Authorize Suits Against State Governments 71
1. Background on the Eleventh Amendment and State Sovereign Immunity (casebook, p. 201) 71
Lapides v. Board of Regents of the University System of Georgia 71
2. Congress's Power to Authorize Suits Against State Governments (casebook, p. 203) 72
Board of Trustees, University of Alabama v. Garrett 73
Nevada Department of Human Resources v. Hibbs 83
Tennessee v. Lane 91
5. Congress's Power to Authorize Suits Against State Governments in Federal Administrative Proceedings (new, to be inserted after casebook p. 230) 102
Federal Maritime Commission v. South Carolina State Port Authority 102
Chapter 3. The Federal Executive Power 115
A. Inherent Presidential Power 115
The Scope of Inherent Power: The Issue of Executive Privilege (casebook, p. 240) 115
Cheney v. U.S District Court for the District of Columbia 115
C. The Constitutional Problems of the Administrative State 119
1. The Non-Delegation Doctrine and Its Demise (casebook, p. 252) 119
Whitman v. American Trucking Association, Inc. 120
D. Separation of Powers and Foreign Policy (casebook, p. 281) 123
Hamdi v. Rumsfeld 123
Chapter 4. Limits on State Regulatory and Taxing Power 137
A. Preemption of State and Local Laws 137
1. Express Preemption (casebook, p. 306) 137
Lorillard Tobacco Co. v. Reilly 137
Chapter 5. The Structure of the Constitution's Protection of Civil Rights and Civil Liberties 145
B. The Application of the Bill of Rights to the States 145
3. The Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment 145
C. The Application of the Bill of Rights and the Constitution to Private Conduct 146
2. The Exceptions to the State Action Doctrine (casebook, p. 405) 146
Brentwood Academy v. Tennessee Secondary School Athletic Association 146
Chapter 6. Economic Liberties 155
B. Economic Substantive Due Process 155
4. Economic Substantive Due Process Since 1937 (casebook, p. 477) 155
State Farm Mutual Automobile Insurance Co. v. Campbell 155
D. The Takings Clause 163
2. Is There a "Taking"? (casebook, p. 498) 163
Palazzolo v. Rhode Island 163
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency 171
5. What Is the Requirement for "Just Compensation"? (casebook, p. 525) 182
Brown v. Legal Foundation of Washington 182
Chapter 7. Equal Protection 189
C. Classifications Based on Race and National Origin 189
5. Racial Classifications Benefiting Minorities (casebook, p. 615) 189
Grutter v. Bollinger 189
Gratz v. Bollinger 210
Easley v. Cromartie 219
D. Gender Classifications 225
3. Gender Classifications Benefiting Women (casebook, p. 658) 225
Nguyen v. Immigration and Naturalization Service 226
Chapter 8. Fundamental Rights Under Due Process and Equal Protection 235
F. Constitutional Protection for Sexual Orientation and Sexual Activity (casebook, p. 799) 235
Lawrence v. Texas 235
I. The Right to Vote 249
4. Counting "Uncounted" Votes in a Presidential Election: Bush v. Gore (new, following casebook, p. 832) 249
The Events Leading Up to Bush v. Gore 250
The Decision 253
Bush v. Gore 253
Issues to Consider Concerning Bush v. Gore 276
Chapter 9. First Amendment: Freedom of Expression 277
B. Free Speech Methodology 277
1. The Distinction Between Content-Based and Content-Neutral Laws 277
a. The Importance of the Distinction (casebook, p. 904) 277
Republican Party of Minnesota v. White 277
c. Problems in Applying the Distinction Between Content-Based and Content-Neutral Laws 292
United States v. American Library Association, Inc. 292
2. Vagueness and Overbreadth (casebook, p. 919) 303
b. Overbreadth (casebook, p. 921) 303
Virginia v. Hicks 303
3. Prior Restraints 307
c. Licensing as a Prior Restraint 307
Thomas and Windy City Hemp Development Board v. Chicago Park District 308
City of Littleton, Colo. v. Z.J. Gifts 311
Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton 315
4. What Is an Infringement of Freedom of Speech? 322
Legal Services Corporation v. Velazquez 322
C. Types of Unprotected and Less Protected Speech 329
2. Fighting Words, the Hostile Audience, and the Problem of Racist Speech (casebook, p. 991) 329
iv. Prohibiting Threatening Speech 329
Virginia v. Black 330
3. Sexually Oriented Speech 343
b. Child Pornography (casebook, p. 1022) 343
Ashcroft v. The Free Speech Coalition 343
c. Protected, but Low Value Sexual Speech 353
i. Zoning Ordinances (casebook, p. 1025) 353
City of Los Angeles v. Alameda Books, Inc. 352
e. Profanity and "Indecent" Speech 360
iii. The Internet (casebook, p. 1044) 360
Ashcroft v. American Civil Liberties Union 361
4. Commercial Speech 367
c. The Test for Evaluating Regulation of Commercial Speech (casebook, p. 1063) 367
g. Regulating Commercial Speech to Achieve Other Goals (casebook, p. 1072) 367
Lorillard Tobacco Co. v. Reilly 367
Thompson v. Western States Medical Center 378
5. Reputation, Privacy, Publicity and the First Amendment: Torts and the First Amendment 379
c. Public Disclosure of Private Facts (casebook, p. 1097) 379
Bartnicki v. Vopper 380
6. Conduct that Communicates 389
c. When May the Government Regulate Conduct that Communicates? 389
iii. Spending Money as Political Speech (casebook, p. 1113) 389
v. The Continuing Distinction Between Contributions and Expenditures (casebook, p. 1121) 389
McConnell v. Federal Election Commission 390
vi. Is Corporate Spending Protected Speech? (casebook p. 1124) 409
Federal Election Commission v. Beaumont 409
D. What Places Are Available for Speech? 414
1. Government Properties and Speech 414
d. Designated (Limited) Public Forums (casebook, p. 1146) 414
3. Speech in Authoritarian Environments: Military, Prisons, and Schools 415
b. Prisons (casebook, p. 1166) 415
Shaw v. Murphy 415
Chapter 10. First Amendment: Religion 417
B. The Free Exercise Clause 417
3. Is the Denial of Funding for Religious Education a Violationof Free Exercise of Religion? (casebook, p. 1266) 417
Locke v. Davey 417
C. The Establishment Clause 423
4. Religious Speech and the First Amendment 423
a. Religious Group Access to School Facilities (casebook, p. 1282) 423
Good News Club v. Milford Central School 423
6. When Can Government Give Aid to Parochial Schools? (casebook, p. 1305) 434
Zelman v. Simmons-Harris 434
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