ISBN-10:
1506348734
ISBN-13:
9781506348735
Pub. Date:
10/24/2017
Publisher:
SAGE Publications
Constitutional Law for a Changing America: A Short Course / Edition 7

Constitutional Law for a Changing America: A Short Course / Edition 7

by Lee J. Epstein, Thomas G. Walker

Paperback

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Product Details

ISBN-13: 9781506348735
Publisher: SAGE Publications
Publication date: 10/24/2017
Edition description: Seventh Edition
Pages: 840
Product dimensions: 8.00(w) x 10.00(h) x (d)

About the Author

Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, including The Choices Justices Make (co-authored with Jack Knight), which won the Pritchett Award for the Best Book on Law and Courts and the Lasting Contribution Award for making a “lasting impression on the field of law and courts.” The Constitutional Law for a Changing America series (co-authored with Thomas G. Walker) received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Her most recent books are The Behavior of Federal Judges, with William M. Landes and Richard A. Posner, and An Introduction to Empirical Legal Research, with Andrew D. Martin.

Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University, where he teaches courses in constitutional law and the judicial process. He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won the V. O. Key, Jr. Award for the best book on southern politics, and the Constitutional Law for a Changing America series, with Lee Epstein. He is also author of Eligible for Execution: The Story of the Daryl Atkins Case (2009).

Table of Contents

Chronological Table of Cases
Tables, Figures, and Boxes
Preface
I. THE U.S. CONSTITUTION
An Introduction to the U.S. Constitution
1. THE LIVING CONSTITUTION
The Amendment Process
The Supreme Court and the Living Constitution
2. UNDERSTANDING THE U.S. SUPREME COURT
Processing Supreme Court Cases
Supreme Court Decision Making: Legalism
Supreme Court Decision Making: Realism
Conducting Research on the Supreme Court
II. INSTITUTIONAL AUTHORITY
Structuring the Federal System
3. THE JUDICIARY
Establishment of the Federal Judiciary
Judicial Review
Constraints on Judicial Power
Constraints on Judicial Power and the Separation of Powers System
4. THE LEGISLATURE
Article I: Historical Overview
Members of Congress: Qualifications, Immunity, and Discipline
The Sources and Scope of Legislative Powers
Congress and the Separation of Powers
5. THE EXECUTIVE
Selection and Formal Powers
The Domestic Powers of the President
The President and Foreign Affairs
III. NATION-STATE RELATIONS
Allocating Government Power
6. FEDERALISM
Federal Power, State Sovereignty, and the Tenth Amendment
The Taney Court and the (Re)Emergence of States’ Rights
The Post–Civil War Era and the Return of Dual Federalism
The (Re)Emergence of National Supremacy: Cooperative Federalism
Return of (a Milder Form of) Dual Federalism
The Eleventh Amendment
7. THE COMMERCE POWER
Foundations of the Commerce Power
Attempts to Define the Commerce Power in the Wake of the Industrial Revolution
The Supreme Court and the New Deal
The Era of Expansive Commerce Clause Jurisprudence
Limits on the Commerce Power: The Republican Court Era
8. THE POWER TO TAX AND SPEND
The Constitutional Power to Tax and Spend
Direct Taxes and the Power to Tax Income
Intergovernmental Tax Immunity
Taxation as a Regulatory Power
Taxing and Spending for the General Welfare
IV. ECONOMIC LIBERTIES
Economic Liberties and Individual Rights
9. THE CONTRACT CLAUSE
The Framers and the Contract Clause
John Marshall and the Contract Clause
The Decline of the Contract Clause
Modern Applications of the Contract Clause
10. ECONOMIC SUBSTANTIVE DUE PROCESS
The Development of Substantive Due Process
The Roller-Coaster Ride of Substantive Due Process: 1898–1923
The Heyday of Substantive Due Process: 1923–1936
The Depression, the New Deal, and the Decline of Economic Substantive Due Process
Substantive Due Process: Contemporary Relevance
11. THE TAKINGS CLAUSE
Protecting Private Property from Government Seizure
What Constitutes a Taking?
Public Use Requirement
V. CIVIL LIBERTIES
Approaching Civil Liberties
12. RELIGION: EXERCISE AND ESTABLISHMENT
Free Exercise of Religion
Religious Establishment
13. FREEDOM OF SPEECH, ASSEMBLY, AND ASSOCIATION
The Development of Legal Standards: The Emergence of Law in Times of Crisis
Contemporary Tests and Constitutional Guidelines
Content and Contexts
14. FREEDOM OF THE PRESS
Prior Restraint
News Gathering and Special Rights
The Boundaries of Free Press: Libel, Obscenity, and Emerging Areas of Government Concern
Regulating the Internet
15. THE RIGHT TO KEEP AND BEAR ARMS
Initial Interpretations
The Second Amendment Revisited
16. THE RIGHT TO PRIVACY
The Right to Privacy: Foundations
Reproductive Freedom and the Right to Privacy: Abortion
Private Activities and the Application of Griswold
VI. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
17. INVESTIGATIONS AND EVIDENCE
Searches and Seizures
The Fifth Amendment and Self-Incrimination
18. ATTORNEYS, TRIALS, AND PUNISHMENTS
The Right to Counsel
Fair Trials
Trial Proceedings
Sentencing and the Eighth Amendment
Posttrial Stages
VII. CIVIL RIGHTS
Civil Rights and the Constitution
19. DISCRIMINATION
Race Discrimination and the Foundations of Equal Protection
Modern-Day Treatment of Equal Protection Claims
Strict Scrutiny and Claims of Race Discrimination
Heightened Scrutiny and Claims of Gender Discrimination
Discrimination Based on Sexual Orientation
Discrimination Based on Economic Status
20. VOTING AND REPRESENTATION
Voting Rights
Contemporary Restrictions on the Right to Vote
Election Campaign Regulation
Political Representation
The 2000 Presidential Election
Reference Material
Constitution of the United States
The Justices
Glossary
Online Case Archive List
Case Index
Subject Index
About the Author

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