Constitutional Law: Themes for the Constitution's Third Century / Edition 2

Constitutional Law: Themes for the Constitution's Third Century / Edition 2

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

ISBN-10: 0314230580

ISBN-13: 9780314230584

Pub. Date: 04/28/1998

Publisher: West Group

This book focuses its attention on the topics with the greatest contemporary legal significance - areas such as discrimination law, fundamental rights, and separation of powers, where the "judicial action" is these days. 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

Overview

This book focuses its attention on the topics with the greatest contemporary legal significance - areas such as discrimination law, fundamental rights, and separation of powers, where the "judicial action" is these days. 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. The most striking departure from prior constitutional law casebooks is that the authors do not start with a Marshall Court decision such as Marbury v. Madison. Instead, the authors start with Brown v. Board of Education and the historical litigation background of that case.

Beginning the book with Brown generates greater initial enthusiasm in students than starting with cases further removed from their interests. Beyond the initial draw, the authors maintain interest throughout the book with reference to individual rights, race, employment exclusions, the right to sexual and reproductive freedom, and much more.

Product Details

ISBN-13:
9780314230584
Publisher:
West Group
Publication date:
04/28/1998
Series:
American Casebook Series
Edition description:
Older Edition
Pages:
109
Product dimensions:
7.83(w) x 10.34(h) x 1.75(d)

Table of Contents

Dedication iii(2)
Preface to the Second Edition v(2)
Preface to the First Edition vii(10)
Table of Contents
xvii(16)
Table of Cases
xxxiii
Chapter 1. A Prologue on Constitutional History
1(32)
Section 1. The Constitution and the Bill of Rights, 1787-1791
2(5)
Section 2. The Marshall Court's Nationalist Vision, 1801-1835
7(3)
Section 3. States' Rights, Slavery, and Civil War, 1836-1873
10(5)
Section 4. The Lochner Era, 1873-1937
15(4)
Section 5. The Court Packing Controversy and the New Deal Court, 1937-1942
19(5)
Section 6. The Warren Court and Beyond, 1953-Present
24(5)
Appendix: Recent Justices
29(4)
Chapter 2. An Introduction to Constitutional Decisionmaking
33(100)
Section 1. Brown v. Board of Education: A Case Study
33(24)
Section 2. The Supreme Court's Role in Our Political System
57(28)
Section 3. Brown and Theories of Constitutional Decisionmaking
85(48)
Chapter 3. The Constitution and Racial Discrimination
133(158)
Section 1. Racial Classifications After Brown
136(29)
Section 2. Limitations on Judicial and Congressional Power To Address Racial Discrimination: The State Action Doctrine and Congressional Power To Enforce Constitutional Rights
165(66)
Section 3. The Affirmative Action Controversy: Benign Racial Classifications or Reverse Discrimination?
231(60)
Chapter 4. Gender Discrimination and Other Equal Protection Concerns
291(106)
Section 1. Minimal Equal Protection Scrutiny (The Rational-Basis Test)
292(13)
Section 2. Sex-and Gender-Based Discrimination
305(61)
Section 3. What Level of Scrutiny for Other "Suspicious" Classifications?
366(31)
Chapter 5. Protecting Fundamental Rights
397(164)
Section 1. Should Courts Ever Enforce Unenumerated Rights?
398(20)
Section 2. Protecting Economic Liberty and Property
418(30)
Section 3. Equal Protection and "Fundamental Interests"
448(26)
Section 4. Fundamental Privacy Rights
474(59)
Section 5. The "Right To Die"
533(10)
Section 6. Procedural Due Process
543(18)
Chapter 6. The First Amendment
561(188)
Section 1. Free Speech and Competing Values
561(16)
Section 2. Regulation of Harmful Messages
577(78)
Section 3. Speech with a Government Nexus
655(36)
Section 4. Process-Based Protections for Speech
691(14)
Section 5. Freedom of Association
705(5)
Section 6. The Religion Clauses
710(39)
Chapter 7. Federalism
749(156)
Section 1. The Powers Delegated to the National Government
766(53)
Section 2. Intergovernmental Immunities and Congressional Power
819(38)
Section 3. The Commercial Constitution as a Limit on State Regulation
857(48)
Chapter 8. Separation of Powers
905(125)
Section 1. Issues of Executive Aggrandizement (The Imperial Presidency)
916(42)
Section 2. Issues of Legislative Overreaching (The Meddlesome Congress)
958(47)
Section 3. Congressional Structuring of Adjudication and Deployment of Article III Judges
1005(25)
Chapter 9. Limits on the Judicial Power
1030
Section 1. The Political Question Doctrine
1030(22)
Section 2. "Cases" or "Controversies"
1052(30)
Section 3. Constitutional Limits on Federal Courts' Remedial Powers
1082
Appendices and Index
Appendix 1: The Constitution of the United States 1
Appendix 2: Constitutional Ratification Materials 19
Appendix 3: James Madison's Speech to the House of Representatives Presenting the Proposed Bill of Rights, June 8, 1789 31
Index 39

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