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Taylor & Francis
American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments / Edition 10

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments / Edition 10

by Ralph A. Rossum, G. Alan Tarr


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Product Details

ISBN-13: 9780813349978
Publisher: Taylor & Francis
Publication date: 08/02/2016
Edition description: Tenth Edition
Pages: 896
Sales rank: 404,822
Product dimensions: 7.10(w) x 10.00(h) x 2.10(d)

About the Author

Ralph A. Rossum is Salvatori Professor of American Constitutionalism at Claremont McKenna College. He has written or co-written eight books, including his most recent, Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration (Univ. of Kansas Press, 2013). He has served in the U.S. Department of Justice as Deputy Director of its Bureau of Justice Statistics and as a board member of its National Institute of Corrections.

G. Alan Tarr is Distinguished Professor of Political Science and director of the Center for State Constitutional Studies, Rutgers University, Camden. He is author of twelve books, including Without Fear or Favor: Judicial Independence and Judicial Accountability in the American States (Stanford University Press) and Judicial Process and Judicial Policymaking, Sixth Edition (Cengage). He has served as a constitutional consultant in Brazil, Burma, Cyprus, Russia, and South Africa. Three times an NEH Fellow, he is currently editor of a fifty-volume reference series on state constitutions.

Table of Contents

Note to the Reader

1 Interpretation of the Constitution
Approaches to Constitutional Interpretation
The Approaches in Perspective
The Ends of the Constitution
Constitutional Means to Constitutional Ends
Selected Readings

2 Constitutional Adjudication
The Justices of the Supreme Court
The Supreme Court in the Federal Judicial System
How Cases Get to the Supreme Court
How the Supreme Court Decides Cases
The Impact of Supreme Court Decisions
Analyzing Supreme Court Decisions
Selected Readings

3 Rights Under the Constitution
Rights and the Founding
The Fourteenth Amendment
Due Process and the Bill of Rights
Rights During Wartime and Other Emergencies
The Second Amendment
Selected Readings
Barron v. Baltimore (1833)
Palko v. Connecticut (1937)
Adamson v. California (1947)
Duncan v. Louisiana (1968)
Ex parte Milligan (1866)
Korematsu v. United States (1944)
Hamdi v. Rumsfeld (2004)
Boumediene v. Bush (2008)
District of Columbia v. Heller (2008)
McDonald v. Chicago (2010)

4 Economic Due Process and the Takings Clause
The Fourteenth Amendment
The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause
Economic Regulation and the Rise of Substantive Due Process
The Demise of Substantive Due Process in the Economic Realm
Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm?
The Emergence of Substantive Due Process in the Civil Liberties Realm
The Takings Clause
Selected Readings
The Slaughter-House Cases (1873)
Munn v. Illinois (1877)
Lochner v. New York (1905)
West Coast Hotel Company v. Parrish (1937)
Williamson v. Lee Optical Company (1955)
State Farm Mutual Automobile Insurance Company v. Campbell (2003)
United States v. Carolene Products Company (1938)
Kelo v. City of New London (2005)
Horne v. Department of Agriculture (2015)
Nollan v. California Coastal Commission (1987)
Lucas v. South Carolina Coastal Council (1992)
Koontz v. St. Johns River Water Management District (2013)

5 Freedom of Speech, Press, and Association
The Meaning of the First Amendment
First Amendment Standards
Political Expression
The Regulation of Speech and Association
Restraints on the Press
Libel and the Invasion of Privacy
Obscenity and Video Games
Selected Readings
Gitlow v. New York (1925)
Schenck v. United States (1919)
Dennis v. United States (1951)
Barenblatt v. United States (1959)
Brandenburg v. Ohio (1969)
Holder v. Humanitarian Law Project (2010)
Citizens United v. Federal Election Commission (2010)
Texas v. Johnson (1989)
R. A. V. v. City of St. Paul (1992)
Walker v. Texas Division, Sons of Confederate War Veterans, Inc. (2015)
McCullen v. Coakley (2014)
Near v. Minnesota (1931)
New York Times Company v. United States (1971)
Branzburg v. Hayes (1972)
New York Times v. Sullivan (1964)
Reno v. American Civil Liberties Union (1997)
Indianapolis Anti-Pornography Ordinance (1984)
Brown v. Entertainment Merchants Association (2011)

6 Freedom of Religion
Establishment of Religion
Free Exercise of Religion
Reconciling the Religion Clauses
Selected Readings
Everson v. Board of Education (1947)
School District of Abington Township v. Schempp (1963)
Lemon v. Kurtzman (1971)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
McCreary County v. American Civil Liberties Union (2005)
Van Orden v. Perry (2005)
Rosenberger v. University of Virginia (1995)
Zelman v. Simmons-Harris (2002)
West Virginia Board of Education v. Barnette (1943)
Sherbert v. Verner (1963)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
City of Boerne v. Flores, Archbishop of San Antonio (1997)
Burwell v. Hobby Lobby Stores, Inc. (2014)

7 Criminal Procedure
The Ex Post Facto Clauses
Search and Seizure
Self-Incrimination and Coerced Confessions
Due Process of Law
The Right to Counsel
The Insanity Defense
The Entrapment Defense
Trial by Jury
The Right to a Speedy Trial
The Right to Confrontation
Plea Bargaining
Bail and Pretrial Detention
Cruel and Unusual Punishments
Prisoners’ Rights
Retroactive Application of Criminal Procedure Guarantees
Basic Themes in the Court’s Criminal Procedure Decisions
Selected Readings
Stogner v. California (2003)
Smith v. Doe (2003)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002)
Los Angeles v. Patel (2015)
Maryland v. King (2013)
Riley v. California (2014)
Mapp v. Ohio (1961)
Olmstead v. United States (1928)
Katz v. United States (1967)
Miranda v. Arizona (1966)
Nix v. Williams (1984)
Connecticut Department of Public Safety v. Doe (2003)
Powell v. Alabama (1932)
Gideon v. Wainwright (1963)
Blakely v. Washington (2004)
Michigan v. Bryant (2011)
Gregg v. Georgia (1976)
Kennedy v. Louisiana (2008)
Roper v. Simmons (2005)
Miller v. Alabama (2012)
Harmelin v. Michigan (1991)
Ewing v. California (2003)

8 The Equal Protection Clause and Racial Discrimination
Race and the Founding
Racial Desegregation
Private Discrimination and the Concept of State Action
Racial Discrimination in Jury Trials
Racial Discrimination in Prisons
Proof of Discrimination: Disparate Treatment Versus Disparate Impact
Selected Readings
Plessy v. Ferguson (1896)
Brown v. Board of Education (1954)
Bolling v. Sharpe (1954)
Brown v. Board of Education (1955)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
United States v. Fordice (1992)
Missouri v. Jenkins (1995)
Shelley v. Kraemer (1948)
Moose Lodge No. 107 v. Irvis (1972)
Georgia v. McCollum (1992)
The Civil Rights Act of 1991
Ricci v. DeStefano (2009)

9 Substantive Equal Protection
The Two-Tier Approach
The Development of an Intermediate Level of Review
Suspect Classifications
Fundamental Rights
The Future of Equal-Protection Analysis
Selected Readings
Richmond v. J. A. Croson Company (1989)
Adarand Constructors, Inc. v. Peña (1995)
Grutter v. Bollinger (2003)
Gratz v. Bollinger (2003)
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Massachusetts Board of Retirement v. Murgia (1976)
Frontiero v. Richardson (1973)
United States v. Virginia (1996)
Rostker v. Goldberg (1981)
Shapiro v. Thompson (1969)
San Antonio Independent School District v. Rodriguez (1973)

10 Voting and Representation
Equal Protection and the Right to Vote
Race and Representation: The Fifteenth Amendment and the
Voting Rights Act
Selected Readings
Wesberry v. Sanders (1964)
Reynolds v. Sims (1964)
Vieth v. Jubelirer (2004)
Harper v. Virginia State Board of Elections (1966)
Crawford v. Marion County Election Board (2008)
Bush v. Gore (2000)
Katzenbach v. Morgan (1966)
Shaw v. Reno (1993)
Shelby County v. Holder (2013)

11 The Right to Privacy, Personal Autonomy, and Dignity
The Constitutional Basis
What the Right to Privacy Protects
Qualifications on the Right to Privacy
Personal Autonomy and the Right to Die
Selected Readings
Troxel v. Granville (2000)
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Gonzales v. Carhart (2007)
Lawrence v. Texas (2003)
Defense of Marriage Act of 1996
Obergefell v. Hodges (2015)
Cruzan v. Director, Missouri Department of Health (1990)
Washington v. Glucksberg (1997)
Vacco v. Quill (1997)

The Constitution of the United States of America
Justices of the Supreme Court
Glossary of Common Legal Terms
Table of Cases

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