Constitutional Law (Cases and Materials)
by William Cohen; Jonathan D. Varat; Vikram AmarFormat: Nonspecific Binding
Pub. Date: 2005-01-01
Publisher(s): West Pub Co
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Summary
Constitutional Law, Cases and Materials provides an overview of constitutional law, focusing closely on Supreme Court decisions. The casebook cites key cases in its discussions of the Court?s re-emphasis on federalism disputes, racial gerrymandering, sex discrimination material, and changes in first amendment standards. Federalism dispute cases include Seminole Tribe of Florida v. Florida, United States v. Lopez, and U.S. Term Limits, Inc. v. Thornton. Racial gerrymandering cases include Adarand Constructors, Inc. v. Pena. New sex discrimination material includes J.E.B. v. Alabama ex rel. T.B. and United States v. Virginia. Changes in First Amendment standards cases include 44 Liquormart, Inc. v. Rhode Island. First Amendment limits on cable television regulation cases include Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission.
Table of Contents
| Preface | p. v |
| Table of Cases | p. xxxi |
| The Constitution and the Courts: The Judicial Function in Constitutional Cases | |
| The Constitution | p. 2 |
| The Constitution of the United States of America | p. 2 |
| History of the Adoption of the Constitution and Its Most Significant Amendments | p. 16 |
| Judicial Review | p. 24 |
| The Legitimacy of Judicial Review | p. 24 |
| Congressional Control of Judicial Review by the Federal Courts | p. 37 |
| The Jurisdiction of Federal Courts in Constitutional Cases | p. 44 |
| Supreme Court Review of State Court Decisions | p. 44 |
| Constitutional Litigation Initiated in the Federal Courts | p. 56 |
| Cases and Controversies and Justiciability | p. 59 |
| Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and The Courts | |
| The Scope of National Power | p. 127 |
| The Constitutional Convention and the Establishment of a National Government | p. 127 |
| Sources of National Power: Early Developments | p. 133 |
| The Scope of National Power Today | p. 162 |
| State Sovereignty and Federal Regulation | p. 221 |
| State Immunity From Federal Regulation | p. 221 |
| Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment | p. 256 |
| The Scope of State Power | p. 270 |
| Introduction | p. 270 |
| Discrimination Against Interstate Commerce | p. 275 |
| Implied Restrictions of the Commerce Clause-Transportation | p. 280 |
| Implied Restrictions of the Commerce Clause-Production and Trade | p. 296 |
| Effect of Other Constitutional Provisions on State Regulatory Power | p. 355 |
| Preemption of State Legislation By Federal Legislation-The Impact of the Supremacy Clause | p. 377 |
| Separation of Powers | p. 393 |
| The President's Power to Determine National Policy | p. 393 |
| Congressional Interference With Presidential Prerogatives | p. 433 |
| Presidential Immunities | p. 453 |
| Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses | |
| The Bill of Rights, The Civil War Amendments and Their Inter-Relationship | p. 467 |
| The Pre-Civil War Background | p. 469 |
| The Initial Interpretation of the Civil War Amendments | p. 474 |
| Application of the Bill of Rights to the States | p. 489 |
| The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation | p. 513 |
| Economic Regulatory Legislation | p. 513 |
| Protection of Personal Liberties | p. 582 |
| The Equal Protection Clause and the Review of the Reasonableness of Legislation | p. 690 |
| Introduction-The Scope of Equal Protection | p. 690 |
| Social and Economic Regulatory Legislation | p. 697 |
| Suspect Classifications | p. 712 |
| Protection of Personal Liberties | p. 936 |
| Defining the Scope of "Liberty" and "Property" Protected By the Due Process Clause-The Procedural Due Process Cases | p. 1097 |
| When Does Due Process Mandate Constitutional Procedures? | p. 1098 |
| Procedural Due Process and Irrebuttable Presumptions | p. 1120 |
| Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments | p. 1131 |
| Early Interpretation | p. 1131 |
| Application of the Constitution to Private Conduct | p. 1137 |
| Federal Civil Rights Legislation | p. 1180 |
| Federal Power to Regulate Private Conduct Under the Thirteenth Amendment | p. 1184 |
| Federal Power to Regulate Private Conduct Under the Fourteenth Amendment | p. 1191 |
| The Scope of Congressional Power to Redefine the Amendments | p. 1197 |
| Constitutional Protection of Expression and Conscience | |
| Governmental Control of the Content of Expression | p. 1250 |
| An Introduction to Problems of Content Control of Speech | p. 1250 |
| Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint | p. 1291 |
| Speech Conflicting With Other Community Values: Government Control of the Content of Speech | p. 1319 |
| Restrictions on Time, Place, or Manner of Expression | p. 1463 |
| The Traditional Public Forum: Speech Activities in Streets and Parks | p. 1463 |
| The Non-Traditional Forum-Speech Activities in Public Property Other Than Parks and Streets | p. 1485 |
| Speech on Private Premises | p. 1501 |
| Speech in the Public Schools | p. 1519 |
| Government Subsidies to Speech | p. 1535 |
| Protection of Penumbral First Amendment Rights | p. 1566 |
| Symbolic Speech | p. 1566 |
| Compelled Affirmation of Belief | p. 1578 |
| Freedom of Association | p. 1580 |
| Application of the First Amendment to Government Regulation of Electrions | p. 1606 |
| Speech and Association Rights of Government Employees | p. 1654 |
| Freedom of the Press | p. 1678 |
| Introduction | p. 1678 |
| Restraints on Editorial Judgment | p. 1684 |
| Prohibition of Publication of Government Information | p. 1688 |
| Government Demands for Confidential Press Information | p. 1697 |
| Press Access to Government Information | p. 1702 |
| Special Problems of the Electronic Media | p. 1708 |
| Religion and the Constitution | p. 1725 |
| The Establishment Clause | p. 1725 |
| The Free Exercise of Religion | p. 1822 |
| The United States Supreme Court | p. 1847 |
| Index | p. 1857 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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