Constitutional Law for a Changing America: Institutional Powers and Constraints

Constitutional Law for a Changing America: Institutional Powers and Constraints

by Lee J. Epstein, Thomas G. Walker

NOOK BookNinth Edition (eBook - Ninth Edition)

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Overview

Constitutional Law for a Changing America: Institutional Powers and Constraints by Lee J. Epstein, Thomas G. Walker

Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

Product Details

ISBN-13: 9781483384078
Publisher: SAGE Publications
Publication date: 02/02/2016
Series: Constitutional Law for a Changing America
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 784
Sales rank: 385,125
File size: 28 MB
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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

Part I: The U.S. Constitution
Chapter 1: 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
Part II: Institutional Authority
Chapter 2: The Judiciary
Establishment of the Federal Judiciary
Judicial Review
Constraints on Judicial Power: Article III
Constraints on Judicial Power and the Separation of Powers System
Chapter 3: The Legislature
Article I: Historical Overview
Congressional Authority over Internal Affairs: Institutional Independence and Integrity
Legislative Powers: Sources and Scope
Federal Legislature: Constitutional Interpretations
Chapter 4: The Executive
Article II: Basic Considerations
The Faithful Execution of the Laws: Defining the Contours of Presidential Power
Domestic Powers of the President
The Role of the President in Foreign Policy
Chapter 5: The Separation of Powers System in Action
Debates over the Separation of Powers System
Domestic Powers
Powers over Foreign Affairs
Part III: Nation-state Relations
Chapter 6: Federalism
The Doctrinal Cycle of Nation-State Relations
The Eleventh Amendment and Sovereign Immunity
New Judicial Federalism
National Preemption of State Laws
Chapter 7: The Commerce Power
Foundations of the Commerce Power
Attempts to Define the Commerce Power in the Wake of 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
Commerce Power of the States
Chapter 8: The Power to Tax and Spend
The Constitutional Power to Tax and Spend
Direct Taxes and the Power to Tax Income
Taxation of Exports
Intergovernmental Tax Immunity
Taxation as a Regulatory Power
Taxing and Spending for the General Welfare
Restrictions on the Revenue Powers of the States
Part IV: Economic Liberties
Chapter 9: The Contract Clause
The Framers and the Contract Clause
John Marshall and the Contract Clause
Decline of the Contract Clause: From the Taney Court to the New Deal
Modern Applications of the Contract Clause
Chapter 10: Economic Substantive Due Process
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
Chapter 11: The Takings Clause
Protecting Private Property from Government Seizure
What Is a Taking?
What Constitutes a Public Use?

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