Constitutional Law and Politics / Edition 7

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Now in its Seventh Edition, Constitutional Law and Politics remains the authoritative casebook for the study of Supreme Court decisions in political science courses.

Ample primary source material includes case excerpts with introductions, headnotes, and Special Feature boxes that give students additional context for the cases.

This Seventh Edition has been updated with many new cases, including some classics and a number of recent Supreme Court decisions. These recent cases deal with fundamental issues such as abortion (Gonzales v. Carhart), racial integration in schools (Parents Involved in Community Schools v. Seattle School District No. 1), Federal funding of faith-based projects (Hein v. Freedom from Religion Foundation, Inc.), and the restrictions of the McCain-Feingold law (Federal Election Commission v. Wisconsin Right to Life, Inc).

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Product Details

  • ISBN-13: 9780393930382
  • Publisher: Norton, W. W. & Company, Inc.
  • Publication date: 4/29/2008
  • Edition description: Seventh Edition
  • Edition number: 7
  • Pages: 1134
  • Product dimensions: 5.60 (w) x 9.20 (h) x 2.30 (d)

Meet the Author

David M. O’Brien is Leone Reaves and George W. Spicer Professor at the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia. He received his Ph.D., M.A., and B.A. degrees in philosophy and political science from the University of California at Santa Barbara and is the author of numerous books, including Constitutional Law and Politics and Storm Center: The Supreme Court in American Politics, winner of the American Bar Association’s Silver Gavel Award.
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Table of Contents

Illustrations xxv
Preface xxvii
Acknowledgments xxxi
The United States Constitution and Amendments 1
Chapter 1. The Supreme Court, Judicial Review, and Constitutional Politics 23
A. Establishing and Contesting the Power of Judicial Review 27
B. The Politics of Constitutional Interpretation 69
Chapter 2. Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process 100
A. Jurisdiction and Justiciable Controversies 101
B. The Court's Docket and Screening Cases 162
C. The Rule of Four and Agenda Setting 165
D. Summarily Decided Cases 168
E. The Role of Oral Argument 169
F. Conference Deliberations 171
G. Postconference Writing and Circulation of Opinions 174
H. Opinion Days and Communicating Decisions 177
I. The Impact of Supreme Court Decisions: Compliance and Implementation 182
Chapter 3. Economic Rights and American Capitalism 218
A. The Contract Clause and Vested Interests in Property 220
B. The Development and Demise of a "Liberty of Contract" 252
C. The "Takings Clause" and Just Compensation 285
Chapter 4. The Nationalization of the Bill of Rights 299
A. The Selective Nationalization of Guarantees of the Bill of Rights Plus Other Fundamental Rights 304
B. The Rise and Retreat of the "Due Process Revolution" 348
Chapter 5. Freedom of Expression and Association 371
A. Judicial Approaches to the First Amendment 381
B. Obscenity, Pornography, and Offensive Speech 421
C. Libel 509
D. Commercial Speech 535
E. Freedom of the Press 556
F. Regulating the Broadcast and Cable Media, and the Internet 589
G. Fair Trial/Free Press Controversies 604
H. Symbolic Speech and Speech-Plus-Conduct 612
I. Freedom of Association 642
Chapter 6. Freedom from and of Religion 655
A. The (Dis) Establishment of Religion 663
B. Free Exercise of Religion 759
Chapter 7. The Fourth Amendment Guarantee Against Unreasonable Searches and Seizures 814
A. Requirements for a Warrant and Reasonable Searches and Seizures 817
B. Exceptions to the Warrant Requirement 829
C. The Special Problems of Automobiles in a Mobile Society 859
D. Other Governmental Searches in the Administrative State 883
E. Wiretapping, Bugging, and Police Surveillance 906
F. The Exclusionary Rule 931
Chapter 8. The Fifth Amendment Guarantee Against Self-Accusation 970
A. Coerced Confessions and Police Interrogations 979
B. Grants of Immunity 1035
C. Real Versus Testimonial Evidence 1036
D. Required Records, Private Papers, and Custodial Possession 1038
Chapter 9. The Rights to Counsel and Other Procedural Guarantees 1043
A. The Right to Counsel 1043
B. Plea Bargaining and the Right to Effective Counsel 1058
C. Indictment by a Grand Jury 1067
D. The Right to an Impartial Jury Trial 1069
E. A Speedy and Public Trial 1088
F. The Rights to Be Informed of Charges and to Confront Accusers 1089
G. The Guarantee Against Double Jeopardy 1093
H. The Guarantee Against Excessive Bail and Fines 1098
I. Indigents and the Criminal Justice System 1100
Chapter 10. Cruel and Unusual Punishment 1104
A. Noncapital Punishment 1106
B. Capital Punishment 1115
Chapter 11. The Right of Privacy 1185
A. Privacy and Reproductive Freedom 1189
B. Privacy and Personal Autonomy 1238
Chapter 12. The Equal Protection of the Laws 1277
A. Racial Discrimination and State Action 1287
B. Racial Discrimination in Education 1333
C. Affirmative Action and Reverse Discrimination 1388
D. Nonracial Classifications and the Equal Protection of the Laws 1449
Appendix A Researching Legal Materials and Law-Related Sources on the Web 1537
Appendix B The How, Why, and What to Briefing and Citing Court Cases 1545
Members of the Supreme Court of the United States 1549
Biographies of Current Justices 1553
Glossary 1559
Index of Cases 1565
General Index 1582
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