Constitutional Law:Themes for the Constitution's Third Century / Edition 3

Constitutional Law:Themes for the Constitution's Third Century / Edition 3

by Daniel A. Farber, Phillip P. Frickey, William N. Jr. Eskridge, Philip P. Frickey
     
 

ISBN-10: 031414353X

ISBN-13: 9780314143532

Pub. Date: 04/28/2003

Publisher: West Academic Publishing

The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of law. They also have tried to show students how these issues pervade constitutional law and to provide students with tools for more intense thinking. The authors start with Brown v. Board of Education and the historical…  See more details below

Overview

The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of law. They also have tried to show students how these issues pervade constitutional law and to provide students with tools for more intense thinking. The authors start with Brown v. Board of Education and the historical litigation background of that case to generate greater initial enthusiasm in students.

Product Details

ISBN-13:
9780314143532
Publisher:
West Academic Publishing
Publication date:
04/28/2003
Series:
American Casebook Series
Edition description:
Third Edition
Pages:
1300
Product dimensions:
7.86(w) x 10.24(h) x 1.97(d)

Table of Contents

Chapter 1 A Prologue on Constitutional History

1. The Constitution and the Bill of Rights, 1787-91

2. The Marshall Court's Nationalist Vision 1801-1835

3. States' Rights, Slavery & Civil War, 1836-1873

4. The Lochner Era, 1873-1937

5. The Court Packing Controversy & the New Deal Court, 1937-1942

6. The Warren Court and Beyond, 1953-Present

Appendix to Chapter 1: Recent Justices

Chapter 2 An Introduction to Constitutional Decisionmaking

1. Brown v. Board of Education: A Case Study

2. The Supreme Court's Role in our Political System

3. Brown and Theories of Constitutional Decisionmaking

Chapter 3 The Constitution and Racial Discrimination

1. Racial Classifications After Brown

2. Limitations on Judicial and Congressional Power to Combat Racial Discrimination: The State Action Doctrine and Congressional Power to Enforce Civil Rights

3. The Affirmative Action Controversy: Benign Racial Classifications or Reverse Discrimination?

Chapter 4 Gender Discrimination and Other Equal Protection Concerns

1. Minimal Equal Protection Scrutiny

2. Gender-based Discrimination

3. What Level of Scrutiny for Other "Suspicious" Classifications?

Chapter 5 Protecting Fundamental Rights

1. Introduction

2. Protecting Economic Liberty and Property

3. Equal Protection and "Fundamental Interests"

4. Fundamental Privacy Rights

5. The "Right to Die"

6. Procedural Due Process

Chapter 6 The First Amendment

1. Free Speech and Competing Values

2. Regulation of Harmful Messages

3. Speech with a Government Nexus

4. Process-based Protections for Speech

5. Freedom of Association

6. The Religion Clauses

Chapter 7 Federalism

1. The Powers Delegated to the National Government

2. Intergovernmental Immunities and Congressional Power

3. The Constitution and Specific Limitations on State Powers

Chapter 8 Structures of the National Government (Separation of Powers and Checks and Balances)

1. Problems of Aggrandizement (The Imperial Presidency)

2. The Problem of Sloughing Off (The Lazy Congress)

3. The Problem of Reshuffling Disputes and Judges (Toward a New Pragmatism?)

Chapter 9 Constitutional Remedies

1. Article III Barriers to Constitutional Adjudication of Certain Controversies

2. Constitutional Immunities

3. Public Law Litigation and the Implementation of Brown

Appendices and Index

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >