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Constitutional Law in Contemporary America: Volume One: Institutions, Politics, and Process / Edition 1

Constitutional Law in Contemporary America: Volume One: Institutions, Politics, and Process / Edition 1

by David Schultz, John R. Vile, Michelle D. Deardorff

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ISBN-10: 0195390091

ISBN-13: 9780195390094

Pub. Date: 01/14/2010

Publisher: Oxford University Press, USA

Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features:

* Skillfully edited excerpts of


Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features:

* Skillfully edited excerpts of canonical Supreme Court decisions and lower federal and state court decisions
* Historically important auxiliary materials—such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution—which help students better understand American constitutional law, politics, and government
* Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies
* Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism)
* Topical overviews for each constitutional subject area

In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes:

* Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law.

* Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.

Product Details

Oxford University Press, USA
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Product dimensions:
7.90(w) x 9.90(h) x 1.30(d)

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Table of Contents

Each Chapter begins with an Introduction and ends with a Glossary and Selected Bibliography.

Timeline: Interpretation and Amendment of the Constitution
a. The English Background of the U.S. Legal System b. The Declaration of Independence c. The Articles of Confederation d. A New Constitution
I. The Organization and Operation of the Federal Judicial System
a. The Appointment, Confirmation, and Tenure of Judges and Justices b. The Federalist Explains the Judicial Branch c. The Jurisdiction and Power of Federal Courts d. Between Judicial Activism and Judicial Restraint: Methods of Constitutional Interpretation e. The Development of Judicial Review of National Legislation f. Legislative Control of Judicial Jurisdiction g. Judicial Review of State Legislation and Actions h. Advisory Opinions i. Taxpayer Suits j. Deference, Justiciability, and Standing k. The Political Questions Doctrine l. The Extent of Judicial Remedies
II. A Special Note on Briefing Cases and Preparing for Classes
Judiciary Act of 1789
Federalist 78
Marbury v. Madison (1803)
Eakin v. Raub (1825)
Cohens v. Virginia (1821)
Cooper v. Aaron (1958)
Muskrat v. United States (1911)
Frothingham v. Mellon (1923)
Flast v. Cohen (1968)
Chevron v. National Resources Defense Council (1984)
Lujan v. Defenders of Wildlife (1992)
Luther v. Borden (1849)
Coleman v. Miller (1939)
Baker v. Carr (1962)
Powell v. McCormack (1969)
Ex Parte McCardle (1869)
Missouri v. Jenkins (1995)

Timeline: Federalism
I. Distribution of Federal Power a. The Necessary and Proper Clause b. The Scope of the Treaty Power c. Federal Supersession
Selection from Virginia and Kentucky Resolutions (1898)
McCulloch v. Maryland (1819)
Andrew Jackson's Veto of the Bank Bill
Missouri v. Holland (1920)
Pennsylvania v. Nelson (1956)
Pacific Gas & Electric v. State Energy Resources (1983)
II. Federalism
a. Qualifications Clauses b. Eleventh Amendment c. Judicial Intervention d. Sexual Preferences as an Issue of Federalism e. Racial Discrimination and Federalism
National League of Cities v. Usery (1976)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
U.S. Term Limits v. Thornton (1995)
Seminole Tribe of Florida v. Florida (1996)
Board of Trustees of University of Alabama v. Garrett (2001)
Kimel v. Florida Board of Regents (2000)
Tennessee v. Lane (2004)
Michigan v. Long (1983)
Texas Railroad Commission v. Pullman (1941)
City of Boerne v. Flores (1997)
Bowers v. Hardwick (1986)
Powell v. Georgia (1998)
Lawrence v. Texas (2003)
Goodridge v. Commonwealth of Massachusetts (2003)
Defense of Marriage Act (1996)

Timeline: Legislative Powers
I. Increased Powers Under the Current Constitution a. Federal Commerce Powers b. The Development of Two Rival Lines of Precedent c. The New Deal
II. Modern Applications of the Commerce Clause
a, Taxation and Spending Powers b. Other Congressional Powers Gibbons v. Ogden (1824)
Champion v. Ames (1903)
Hammer v. Dagenhart (1918)
United States v. Schechter Poultry Corporation (1935)
NLRB v. Jones & Laughlin Steel Corporation (1937)
United States v. Darby (1937)
Wickard v. Filburn (1942)
Heart of Atlanta v. United States (1964)
New York v. United States (1992)
United States v. Lopez (1995)
United States v. Morrison (2000)
Granholm v. Heald (2005)
Gonzales v. Raich (2005)
Bailey v. Drexel Furniture (1922)
United States v .Butler (1936)
Steward Machine v. Davis (1937)
South Dakota v. Dole (1987)

Timeline: Congress and the President
I. Separation of Powers a. Delegation of Legislative Power
Schechter Poultry v. United States (1935)
Immigration and Naturalization Services v. Chadha (1983)
Mistretta v. United States (1989)
II. Appointment and Removal Powers
Bowsher v. Synar (1986)
Morrison v. Olson (1988)
III. Presidential Signing Statements
IV. Congressional Investigatory Power
McGrain v. Daugherty (1927)
Watkins v. United States (1957)
Barenblatt v. United States (1959)
Gravel v. United States (1972)
V. Executive Privilege
United States v. Nixon (1974)
Clinton v. Jones (1997)
In re Grand Jury Subpoena Duces Tecum (1997)
VI. Veto Power
Clinton v. City of New York (1998)
VII. Budgetary and Spending Authority
VIII. Presidential Pardoning Power
Ex parte Garland (1866)
Murphy v. Ford (1975)

Timeline: Property Rights and Substantive Due Process
I. Ex Post Facto Laws a. The Clause Protecting the Obligation of Contract
Calder v. Bull (1798)
Dartmouth College v. Woodward (1819)
Charles River Bridge Company v. Warren Bridge Company (1837)
Home Building & Loan Association v. Blaisdell (1934)
U.S. Trust Company v. New Jersey (1977)
Allied v. Spannaus (1978)
II. The Rise of Substantive Due Process
a. The New Deal and the End of Lochner Era
Corfield v. Coryell (1823)
Slaughterhouse Cases (1973)
Munn v. Illinois (1877)
Mugler v. Kansas (1887)
Allgeyer v. State of Louisiana (1897)
Lochner v. New York (1905)
Brandeis Brief
Muller v. Oregon (1908)
Adkins v. Children Hospital (1923)
Nebbia v. New York (1934)
West Coast Hotel Company v. Parrish (1937)
United States v. Carolene Products (1938)
Ferguson v. Skrupa (1963)
Lingle v. Chevron U.S.A. Inc., (2005)
BMW of North America, Inc. v. Gore (1996)

Timeline: Property Rights and Eminent Domain
I. Just Compensation
Barron v. Baltimore (1833)
Chicago, B. & Q. R. Company v. City of Chicago (1897)
II. What Constitutes a Taking?
Pennsylvania v. Mahon (1922)
Euclid v. Ambler Realty Company (1926)
Penn Central v. New York (1978)
Loretto v. Teleprompter Manhattan CATV Corporation (1982)
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987)
Nollan v. California Coastal Commission (1987)
Lucas v. South Carolina Coastal Council (1992)
Dolan v. City of Tigard (1994)
III. What is a Valid Public Use?
Berman v. Parker (1954)
Hawaii Housing Authority v. Midkiff (1984)
County of Wayne v. Hathcock (2004)
Kelo v. City of New London (2005)

Timeline: The States and Commerce Power
I. Drawing the Lines between State and Federal Commerce Power
Mayor, Aldermen, and Commonalty of City of New York v. Miln (1837)
Brown v. Maryland (1827)
Cooley v. Board of Wardens (1851)
Coe v. Errol (1886)
South Carolina State Highway Department v. Barnwell Brothers, Inc. (1938)
Southern Pacific v. Arizona (1945)
Dean Milk Company v. City of Madison (1951)
Hood v. Dumond (1948)
Edwards v. California (1941)
Philadelphia v. New Jersey (1978)
Reeves v. Stake (1980)
Baldwin v. Fish & Game Commission of Montana (1978)
California v. Cabazon Band of Mission Indians (1987)
Granholm v. Heald (2005)
Pennsylvania v. Nelson (1956)
II. State Taxation
Henneford v. Silas Mason Company., Inc. (1937)
Complete Auto Transit v. Brady (1977)
Quill v. North Dakota (1993)

Timeline: Foreign Affairs and the Constitution
I. Indian Affairs
Cherokee Nation v. Georgia (1831)
Worcester v. Georgia (1832)
II. Presidential Power
a. The Legal Effect of Executive Agreements
The Prize Cases (1863)
Ex Parte Milligan (1866)
United States v. Curtiss-Wright Export Corporation (1936)
Selective Draft Law Cases (Arver v. United States) (1918)
Youngstown Sheet and Tube v. Sawyer (1952)
Perpich v. Department of Defense (1990)
Missouri v. Holland (1920)
Medellín v. Texas (2008)
United States v. Belmont (1937)
III. The Scope of the Treaty Power
Missouri v. Holland (1920)
Goldwater v. Carter (1969)
IV. The President as Commander in Chief
The Prize Cases (1863)
Korematsu v. United States (1944)
Ex parte Endo (1944)
Dames & Moore v. Regan (1981)
Gulf of Tonkin Resolution
Mitchell v. United States (1967)
Mora v. McNamara (1967)
V. Presidential Power in a Post 9/11 World
Authorization to Use Military Force
Hamdi v. Rumsfeld (2004)
Hamdan v. Rumsfeld (2005)
Boumediene v. Bush (2008)

Timeline: Citizens and the American Election Process
I. The Right to Vote
Minor v. Happersett (1875)
United States v. Classic (1941)
Smith v. Allwright (1944)
Harper v. Virginia Board of Elections (1966)
Skafte v. Rorex (1976)
Lassiter v. Northampton County Board of Elections (1959)
Richardson v. Ramirez (1974)
Oregon v. Mitchell (1970)
Burdick v. Takushi (1992)
Crawford v. Marion County Election Board (2008)
II. Reapportionment and Redistricting
Colegrove v. Green (1946)
Gomillion v. Lightfoot (1960)
Baker v. Carr (1962)
Reynolds v. Sims (1964)
Shaw v. Reno (1993)
League of United Latin American Citizens v. Perry (2006)
III. Political Parties and Ballot Access
Smith v. Allwright (1944)
California Democratic Party v. Jones (2000)
Washington State Grange v. Washington State Republican Party (2008)
Bullock v. Carter (1972)
Anderson v. Celebrezze (1983)
Munro v. Socialist Workers Party (1986)
IV. Campaign Finance and Regulation
Buckley v. Valeo (1976)
Nixon v. Shrink Missouri Government PAC (2000)
McIntyre v. Ohio (1995)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
V. Political Patronage and Election Day Regulations
Rutan v. Republican Party of Illinois (1990)
Burson v. Freeman (1992)
Bush v. Gore (2000) Appendices Glossary Case Index General Index

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