Cato Supreme Court Review 2005-2006

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  • Format: Paperback
  • Copyright: 2006-10-01
  • Publisher: Cato Inst
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The appointments of Chief Justice John Roberts and Associate Justice Samuel Alito made this a momentous year for the Supreme Court. Now, speculation is rife about the impact these justices will have on our constitutional rights. In its first term, the new Roberts Court has tackled controversial cases involving assisted suicide, wetlands, campaign finance, free speech, and privacy rights-providing, in the process, important hints about the direction the new Court will chart. In this annual review from the Cato Institute, edited by Mark Moller, leading legal scholars analyze these and other far-reaching cases of the 2005-2006 Supreme Court term. More necessary than ever, the Cato Supreme Court Review is unique and timely reading, critiquing the Court's decisions and emerging directions with authenticity, insight, and clarity.

Table of Contents

Forewordp. vii
Introductionp. 1
Annual B. Kenneth Simon Lecture
Religion and the Constitution: A Libertarian Perspectivep. 7
Separation of Powers in Wartime: An Exchange
More Real than Apparent: Separation of Powers, the Rule of Law, and Comparative Executive "Creativity" in Hamdan v. Rumsfeldp. 51
An Imperial Judiciary at War: Hamdan v. Rumsfeldp. 83
A False Dawn for Federalism: Clear Statement Rules after Gonzales v. Raichp. 113
Dabit, Preemption, and Choice of Lawp. 141
DaimlerChrysler Corp. v. Cuno, State Investment Incentives, and the Future of the Dormant Commerce Clause Doctrinep. 173
Freedom of Speech
The Per Curiam Opinion of Steel: Buckley v. Valeo as Superprecedent? Clues from Wisconsin and Vermontp. 195
Unanimously Wrongp. 217
Religious Liberty
Taking Accomodation Seriously: Religious Freedom and the O Centro Casep. 257
Fourth Amendment and Criminal Procedure
The End of the Exclusionary Rule, Among Other Things: The Roberts Court Takes on the Fourth Amendmentp. 283
Finding Bickel Gold in a Hill of Beansp. 311
Missed Opportunities in Independent Inkp. 333
Coming Up
Looking Ahead: October Term 2006p. 361
Contributorsp. 387
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