Constitutional Law, for a Changing America: Institutional Powers and Constraints

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Editorial Reviews

This casebook for students explores the authority of government as it has developed under U.S. constitutional law, with an emphasis on political factors. The volume contains excerpts from important Court rulings as well as commentary explaining how the law is being applied. Epstein (political science, Washington U., St. Louis) and Walker (political science, Emory U.) describe the events that lead up to the suits and the lawyers, litigants, and interest groups involved. Also included are a glossary of legal terms and brief biographies of justices. Annotation c. Book News, Inc., Portland, OR (
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Product Details

  • ISBN-13: 9780871876126
  • Publisher: Congressional Quarterly, Inc.
  • Publication date: 3/1/1992

Table of Contents

Preface xvii
I The U.S. Constitution
An Introduction to the U.S. Constitution 3
The Road to the U.S. Constitution 3
Underlying Principles of the Constitution 7
Readings 11
1. Understanding the U.S. Supreme Court 13
Processing Supreme Court Cases 13
Supreme Court Decisionmaking: Legally Relevant Approaches 24
Supreme Court Decisionmaking: Extralegal Approaches 35
Conducting Research on the Supreme Court 47
Readings 49
II Institutional Authority
Structuring the Federal System 55
Origins of the Separation of Powers/Checks and Balances System 55
Separation of Powers and the Constitution 57
Contemporary Thinking on the Constitutional Scheme: Separation of Powers Games 58
Readings 60
2. The Judiciary 61
Establishment of the Federal Judiciary 62
Judicial Review 66
Marbury v. Madison (1803) 66
Martin v. Hunter's Lessee (1816) 78
Eakin v. Raub (1825) 87
Constraints on Judicial Power: Article III 91
Ex parte McCardle (1869) 92
Baker v. Carr (1962) 99
Nixon v. United States (1993) 105
Flast v. Cohen (1968) 110
Constraints on Judicial Power: The Separation of Powers/Checks and Balances System 117
Readings 119
3. The Legislature 121
Article I: Historical Overview 121
Congressional Authority over Internal Affairs: Institutional Independence and Integrity 125
Powell v. McCormack (1969) 128
U.S. Term Limits v. Thornton (1995) 134
Gravel v. United States (1972) 142
Sources and Scope of Legislative Powers 147
McCulloch v. Maryland (1819) 149
McGrain v. Daugherty (1927) 157
Watkins v. United States (1957) 161
Barenblatt v. United States (1959) 166
United States v. Curtiss-Wright Export Corp. (1936) 174
South Carolina v. Katzenbach (1966) 179
Readings 183
4. The Executive 185
Article II: Basic Considerations 185
The Faithful Execution of the Laws: Defining the Contours of Presidential Power 194
In re Neagle (1890) 194
Domestic Powers of the President 200
Clinton v. City of New York (1998) 201
Morrison v. Olson (1988) 206
Myers v. United States (1926) 216
Humphrey's Executor v. United States (1935) 220
United States v. Nixon (1974) 224
Mississippi v. Johnson (1867) 229
Nixon v. Fitzgerald (1982) 232
Clinton v. Jones (1997) 237
Ex parte Grossman (1925) 243
Murphy v. Ford (1975) 246
The President and Foreign Policy 248
United States v. Curtiss-Wright Export Corp. (1936) 248
Readings 251
5. The Separation of Powers System in Action 252
Domestic Powers 252
Mistretta v. United States (1989) 257
Immigration and Naturalization Service v. Chadha (1983) 262
Bowsher v. Synar (1986) 266
Presidential Power During War and National Emergencies 271
The Prize Cases (1863) 272
Ex parte Milligan (1866) 275
Korematsu v. United States (1944) 283
Youngstown Sheet & Tube Company v. Sawyer (1952) 288
Dames & Moore v. Regan (1981) 293
Readings 296
III Nation-State Relations
Allocating Government Power 299
The Framers and Federalism 300
The Tenth and Eleventh Amendments 301
Readings 303
6. Federalism 305
Nation-State Relations: The Doctrinal Cycle 305
McCulloch v. Maryland (1819) 307
Scott v. Sandford (1857) 313
Hammer v. Dagenhart (1918) 321
United States v. Darby Lumber (1941) 325
National League of Cities v. Usery (1976) 327
Garcia v. San Antonio Metropolitan Transit Authority (1985) 333
New York v. United States (1992) 339
Printz v. United States (1997) 344
The Eleventh Amendment 350
Alden v. Maine (1999) 352
New Judicial Federalism 359
Michigan v. Long (1983) 361
National Preemption of State Laws 369
State of Missouri v. Holland (1920) 369
Crosby v. National Foreign Trade Council (2000) 371
Pennsylvania v. Nelson (1956) 376
Pacific Gas and Electric Company v. State Energy Resources Conservation and Development Commission (1983) 379
Readings 383
7. The Commerce Power 385
Constitutional Foundations of the Commerce Power 385
Gibbons v. Ogden (1824) 387
Defining Interstate Commerce 391
United States v. E. C. Knight Co. (1895) 393
Stafford v. Wallace (1922) 397
The Supreme Court and the New Deal 399
A. L. A. Schechter Poultry Corp. v. United States (1935) 402
Carter v. Carter Coal Company (1936) 408
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) 416
Wickard v. Filburn (1942) 423
Modern Limitations on the Commerce Power 425
United States v. Lopez (1995) 426
United States v. Morrison (2000) 431
Regulating Commerce as a Federal Police Power 436
Champion v. Ames (1903) 438
Heart of Atlanta Motel v. United States (1964) 442
The Commerce Power of the States 444
Cooley v. Board of Wardens (1852) 446
Southern Pacific Company v. Arizona (1945) 450
Hunt v. Washington State Apple Advertising Commission (1977) 454
Maine v. Taylor (1986) 457
Readings 460
8. The Power to Tax and Spend 462
The Constitutional Power to Tax and Spend 462
Direct Taxes and the Power to Tax Income 463
Pollock v. Farmers' Loan & Trust Co. (1895) 466
Taxation of Exports 472
United States v. United States Shoe Corporation (1998) 472
Intergovernmental Tax Immunity 474
South Carolina v. Baker (1988) 476
Davis v. Michigan Department of Treasury (1989) 478
Taxation as a Regulatory Power 481
McCray v. United States (1904) 482
Bailey v. Drexel Furniture Co. (1922) 485
Taxing and Spending for the General Welfare 488
United States v. Butler (1936) 489
Steward Machine Co. v. Davis (1937) 494
South Dakota v. Dole (1987) 498
Restrictions on the Revenue Powers of the States 501
Michelin Tire Corp. v. Wages (1976) 502
Complete Auto Transit v. Brady (1977) 505
Quill Corp. v. North Dakota (1992) 507
Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon (1994) 511
Readings 514
IV Economic Liberties
Economic Liberties and Individual Rights 517
Readings 519
9. The Contract Clause 521
The Framers and the Contract Clause 521
John Marshall and the Contract Clause 523
Fletcher v. Peck (1810) 523
Trustees of Dartmouth College v. Woodward (1819) 528
Decline of the Contract Clause: From the Taney Court to the New Deal 533
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge (1837) 534
Stone v. Mississippi (1880) 539
Home Building and Loan Association v. Blaisdell (1934) 542
Revitalization of the Contract Clause 546
United States Trust Co. v. New Jersey (1977) 546
Allied Structural Steel Co. v. Spannaus (1978) 550
Readings 553
10. Economic Substantive Due Process 554
The Development of Substantive Due Process 557
The Slaughterhouse Cases (1873) 557
Munn v. Illinois (1877) 564
Allgeyer v. Louisiana (1897) 570
The Roller Coaster Ride of Substantive Due Process: 1898-1923 572
Lochner v. New York (1905) 573
Muller v. Oregon (1908) 579
The Heyday of Substantive Due Process: 1923-1936 585
Adkins v. Children's Hospital (1923) 585
The Depression, the New Deal, and the Decline of Substantive Due Process 588
Nebbia v. New York (1934) 588
West Coast Hotel v. Parrish (1937) 593
Williamson v. Lee Optical Company (1955) 597
Readings 599
11. The Takings Clause 600
Protecting Private Property from Government Seizure 600
What Constitutes a Taking? 603
United States v. Causby (1946) 603
Penn Central Transportation Company v. City of New York (1978) 606
Public Use Requirement 610
Berman v. Parker (1954) 611
Hawaii Housing Authority v. Midkiff (1984) 613
Resurrecting the Takings Clause 616
Nollan v. California Coastal Commission (1987) 618
Lucas v. South Carolina Coastal Council (1992) 621
Dolan v. City of Tigard (1994) 625
Readings 630
Reference Material
Constitution of the United States 633
Federalist Paper, No. 78 643
Bush v. Gore (2000) 647
U.S. Presidents 655
Thumbnail Sketch of the Supreme Court's History 657
The Justices 659
Natural Courts 665
Supreme Court Calendar 671
Briefing Supreme Court Cases 672
Glossary 674
Subject Index 679
Case Index 693
Illustration Credits 699
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