American Constitutional Law, 3d

by Tribe, Laurence H.

• ISBN13: 9781566627146
• ISBN10: 1566627141
• Additional ISBN(s): 9781587781025
• Edition: 3rd
• Format: Hardcover
• Copyright: 2000-01-01
• Publisher: Foundation Press

Summary

This textbook focuses on the Constitution?s provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties. It promises to be an indispensable resource for teachers, students, practicing lawyers and judges. This preeminent treatise provides a wealth of original, insightful, and influential analysis of constitutional law doctrine and policy. Professor Tribe's central concern is the Constitution itself, not the Supreme Court as an institution. While addressing relevant issues of institutional capacities and roles, he does not stop at discussing the Court as the right or wrong forum to review a particular issue and render judgment; the more crucial question is whether the judgment itself was right or wrong as an element in the living development of constitutional justice.

Table of Contents

Preface to the Third Edition, Volume One	iii
Preface to the Second Edition	xi
Preface to the First Edition	xv
The Constitution of the United States of America	xliii
Table of Cases	lix
Approaches to Constitutional Analysis	1	(117)
Model I---The Model of Separated and Divided Powers	118	(89)
Federal Judicial Power	207	(423)
Federal Executive Power	630	(159)
Federal Legislative Power: Congressional Authority and the Implications of State Sovereignty	789	(232)
Union-Preserving Aspects of Federalism: Limits on State and Local (and Occasionally Federal) Power	1021	(272)
Models Beyond the Separation and Division of Powers: The Civil War as a Watershed in the Direct Federal Protection of Individual Rights	1293	(39)
Model II---The Model of Implied Limits on Government: The Rise and Fall of Contractual Freedom and of Substantive Due Process in the ``Natural Law'' Style	1332	(51)
Appendix---The Justices of the Supreme Court	1383	(2)
Table of Authorities	1385	(34)
Index	1419