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Constitutional Law: National Power and Federalism, which is part of a two-volume set, is a problem-oriented guide to the principle doctrines of constitutional law that are covered in the typical course. This straightforward text walks the student through issues pertaining to the structure of our constitutional system, including judicial review, justiciability, national power, supremacy, the separation of powers and federalism, as well as some of the structural limitations that the Constitution imposes on state powers.
Designed to encourage students to think about the larger issues of constitutional law with both depth and perception, this straightforward and informal text:
• Utilizes the unique, time-tested E&E pedagogy that combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and provide practice in applying legal principles to fact patterns. The questions (in which there are often a variety of issues presented in one fact situation) are similar to those on a law school or bar examination.
• Is organized to parallel the major casebooks and will complement any constitutional law casebook
• Explains legal concepts and principles in digestible sections, followed by examples and analyses that illustrate how to apply these concepts and principles in hypothetical situations.
• Is part of a two-volume set that includes a corresponding treatment of Individual Rights.
• Together, these two volumes compose a strong and sophisticated foundation in the doctrines and methods of constitutional law and constitutional argument.
With thoroughly updated text and examples and explanations, the Fifth Edition also incorporates important Supreme Court cases decided during the three terms since the publication of the previous edition, including:
• Hawaii v. Office of Hawaiian Affairs, on adequate and independent state ground of decision;
• District of Columbia v. Heller, on original understanding;
• Horn v. Flores; Massachusetts v. EPA; and Parents Involved in Community Schools v. Seattle School District No.1on standing;
• Hein v. Freedom from Religion Foundation, Inc. and Lance v. Coffman, on citizen and taxpayer standing;
• FEC v. Wisconsin Right to Life, Inc. on mootness;
• Van de Kamp v. Goldstein; Pearson v. Callahan; and Safford Unified School District #1 v. Redding, on government officials' immunity from damages ;
• Ashcroft v. Iqbal, on Biven’s claims;
• Medellin v. Texas, on self-executing treaties and presidential power ;
• Boumediene v. Bush, on separation of powers;
• United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Authority; MeadWestvaco Corp. v. Illinois Dep't of Revenue; and Dep't of Revenue of Kentucky v. Davis, on dormant commerce clause;
• Altria Group, Inc. v. Good; Chamber of Commerce of U.S. v. Brown; Rowe v. New Hampshire Motor Transp. Ass'n; Riegel v. Medtronic, Inc.; and Wyeth v. Levine, on federal preemption;
• Watters v. WachoviaBank, N.A., on the Tenth Amendment.
The authors of this outstanding E&E have close to 60 years of combined experience teaching Constitutional Law. Put that experience to work for your students by requiring or recommending Examples & Explanations: Constitutional Law: National Power, Fifth Edition.
Chapter 1. Judicial Review
Chapter 2. Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts
Chapter 3. Justiciability
Chapter 4. Special Limitations on Federal Judicial Review of State Laws
Chapter 5. The Powers of the National Government
Chapter 6. The Supremacy Clause
Chapter 7. The Separation of Powers
Chapter 8. The Dormant Commerce Clause
Chapter 9. The Privileges and Immunities Clause of Article IV
Table of Cases