American Constitutional Law : Introductory Essays and Selected Cases

by Mason, Alpheus Thomas; Stephenson, Donald Grier

• ISBN13: 9780136029915
• ISBN10: 0136029914
• Edition: 15th
• Format: Paperback
• Copyright: 2008-01-01
• Publisher: Prentice Hall

Summary

This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it displays the role of the U.S. Supreme Court as a legalandpolitical institution and asa major playerin American government.The volume examines and presents supporting cases regarding jurisdiction and organization of the federal courts, the constitution, the supreme court, and judicial review, congress and the president, federalism, the electoral process, the commerce clause, national taxing and spending power, property rights and the development of due process, nationalization of the bill of rights, criminal justice, freedom of expression, protest and symbolic speech, freedom of association, freedom of press, religious liberty, privacy, equal protection of the laws, and security and freedom in wartime.For those interested in American constitutional law.

Table of Contents

Preface

introduction

A Political Supreme Court

Constitutional Interpretation and Political Choice

A Changing Judiciary

Appointment Politics, 1968 1984

Appointment Politics, 1984 1992

Appointment Politics, 1992-2006

Key Terms

Queries

Selected Readings on Federal Judicial Appointments

Selected Readings on the Supreme Court

Selected Biographies

Jurisdiction and Organization of the Federal Courts

The Judicial Power

Supreme Court Decision Making

Source Materials

Reading a Supreme Court Decision

Key Terms

Queries

Selected Readings

The Constitution, the Supreme Court, and Judicial Review

Granting and Limiting Power

The Doctrine of Judicial Review

Influences on Judicial Decisionmaking

Checks on Judicial Power

Finality of Supreme Court Decisions

Approaches to Constitutional Interpretation

Judicial Review-A Distinctively American Contribution

Key Terms

Queries

Selected Readings

Establishing and Testing Judicial Review

Unstaged Debate of 1788

(1803)

(1825)

(1857)

External and Internal Checks on Judicial Power

(1869)

(1962)

Finality of Supreme Court Decisions

City of (1997)

Unstaged Debate The Supreme Court

Approaches to Constitutional Interpretation

Unstaged Debate of 1986 Professor Tribe

Congress and the President

Separation of Powers

Congress and Lawmaking

The President and Executive Power

Foreign Policy and National Security

Key Terms

Queries

Selected Readings

Delegation and Lawmaking

United States (1989)

Immigration and Naturalization Service v. Chadha (1983)

Clinton v. City of New York (1998)

Congressional Investigations

Watkins v. United States (1957)

Barenblatt v. United States (1959)

Presidential Privilege and Immunity

United States v. Nixon (1974)

Nixon v. Fitzgerald (1982)

Clinton v. (1997)

Appointment and Removal

Myers v. United States (1926)

Humphrey's Executor v. United States (1935)

Morrison v. (1988)

Foreign Policy and National Security

Ex parte Milligan (1866), 000

Missouri v. Holland (1920)

United States v. Curtiss-Wright Export Corp. (1936)

Korematsu v. United States (1944), 000

Youngstown Sheet & Tube Co. v. Sawyer (1952)

United States v. United States District Court (1972)

War Powers Resolution (1973)

Hamdan v. Rumsfeld (2006)

Federalism

Sources of Contention

Nature of National Authority

Concepts of Federalism

The Return of Dual Federalism

Key Terms

Queries

Selected Readings

Defining the Nature of the Union

Chisholm v. Georgia (1793)

Maryland (1819)

Cohens v. Virginia (1821)

Co

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