Constitutional Law: 2000 Supplement

by Gunther, Gerald; Sullivan, Kathleen M.

• ISBN13: 9781587780141
• ISBN10: 1587780143
• Edition: 13th
• Format: Paperback
• Copyright: 2000-09-01
• Publisher: West Group

Table of Contents

Table of Cases	vii
Table of Authorities	ix
The Nature and Sources of the Supreme Court's Authority
Constitutional and Prudential Limits on Constitutional Adjudication
Bennett v. Spear	1	(1)
FEC v. Akins	2	(1)
Raines v. Byrd	3	(5)
Clinton v. New York	8	(1)
Department of Commerce v. House of Representatives	8	(2)
The Commerce Power
Introduction
United States v. Morrison	10	(6)
External Limits on the Commerce Power: State Autonomy and Sovereignty Concerns
Printz v. United States	16	(11)
Reno v. Condon	27	(2)
Alden v. Maine	29	(3)
Florida Prepaid v. College Savings Bank	32	(1)
College Savings Bank v. Florida Prepaid	32	(1)
Kimel v. Florida Board of Regents	33	(2)
Federal Limits on State Power to Regulate the National Economy
State Regulation and the Dormant Commerce Clause
The Modern Court's Approach
General Motors Corp. v. Tracy	35	(1)
Camps Newfound/Owatonna, Inc. v. Town of harrison	36	(2)
South Central Bell v. Alabama	38	(1)
The ``Market Participant'' Exception to the Dormant Commerce Clause
Camps Newfound/Owatonna, Inc. v. Town of Harrison	38	(1)
The Privileges and Immunities Clause of Article IV
Seenz v. Roe	39	(1)
Congressional Ordering of Federal-State Relationships By Preemption and Consent
Preemption of State Authority
Crosby v. National Foreign Trade Council	39	(3)
Separation of Powers
Congressional Encroachments on the Executive's Domain
Clinton v. New York	42	(7)
Executive Privilege and Immunities
Clinton v. Jones	49	(8)
Substantive Due Process: Rise, Decline, Revival
Substantive Due Process and Economic Regulation: The Rise and Decline of Judicial Intervention
The Modern Era: The Decline-and Disappearance?-Of Judicial Scrutiny of Economic Intervention
Eastern Enterprises v. Apfel	57	(1)
Other Constitutional Safeguards of Economic Rights: The ``Taking-Regulation'' Distinction; The Contracts Clause
Eminent Domain and the ``Taking-Regulation'' Distinction
Eastern Enterprises v. Apfel	58	(1)
Phillips v. Washington Legal Foundation	59	(1)
The Revival of Substantive Due Process, for Noneconomic Rights: Privacy; Autonomy; Family Relations; Sexuality; The Right to Die
Mazurek v. Armstrong	60	(1)
Stenberg v. Carhart	61	(2)
Troxel v. Granville	63	(1)
Kansas v. Hendricks	64	(1)
Washington v. Glucksberg	65	(11)
Vacco v. Quill	76	(2)
Equal Protection
Scrutiny of Means in Economic Regulations: The Rationality Requirement
Vacco v. Quill	78	(1)
Village of Willowbrook v. Olech	78	(1)
Suspect Classifications and the Problems of Forbidden Discrimination
Gender
Miller v. Albright	79	(1)
The ``Fundamental Interests'' Strand of Equal Protection Strict Scutiny
Denial and ``Dilution'' of Voting Rights
Rice v. Cayetano	80	(2)
Abrams v. Johnson	82	(1)
Lawyer v. Dept. of Justice	83	(1)
Timmons v. Twin Cities Area New Party	84	(2)
California Democratic Party v. Jones	86	(1)
Access to Court
M.L.B. v. S.L.J.	87	(5)
Durational Residence Requirements that ``Penalize'' the Right of Interstate Migration
Saenz v. Roe	92	(6)
The Post-Civil War Amendments and Civil Rights Legislation: Constitutional Restraints on Private Conduct; Congressional Power to Implement the Amendments
Congressional Power to Change the Content of Constitutional Rights?---``Remedial'' and ``Substantive'' Power Under § 5 of the 14th Amendment
City of Boerne v. Flores	98	(7)
Florida Prepaid v. College Savings Bank	105	(2)
College Savings Bank v. Florida Prepaid	107	(1)
United States v. Morrison	107	(3)
Dickerson v. United States	110	(1)
Kimel v. Florida Board of Regents	110	(2)
Freedom of Speech---Why Government Restricts Speech---Unprotected and Less Protected Expression
Sexually Explicit Expression
United States v. Playboy Entertainment Group	112	(1)
Reno v. American Civil Liberties Union	113	(10)
Commercial Speech
Los Angeles Police Department v. United Reporting	123	(1)
Greater New Orleans Broadcasting v. United States	124	(2)
Glickman v. Wileman Bros.	126	(1)
Freedom of Speech---How Government Restricts Speech---Modes of Abridgment and Standards of Review
The Distinction Between Content-Based and Content-Neutral Regulations
Content-Neutral Laws and Symbolic Conduct
City of Erie v. Pap's A.M.	127	(1)
Government's Power to Limit Speech in its Capacity as Proprietor, Educator, Employer and Patron
Speech in Public Forums and Other Government Property
Schenck v. Pro-Choice Network of Western New York	128	(1)
Hill v. Colorado	129	(1)
Arkansas Educational Television Comm'n v. Forbes	130	(2)
Speech Subsidized by Public Funds
National Endowment for the Arts v. Finley	132	(4)
Impermissible Forms of Speech-Overbreadth, Vagueness and Prior Restraint
National Endowment for the Arts v. Finley	136	(2)
Right Ancillary to Freedom of Speech
Freedom of Association
The Right Not to Associate
Glickman v. Wileman Bros.	138	(2)
Board of Regents of the University of Wisconsin v. Southworth	140	(1)
Boy Scouts of America v. Dale	141	(3)
Money and Political Campaigns
Nixon v. Shrink Missouri Government PAC	144	(1)
Buckley v. American Constitutional Law Foundation	145	(1)
Freedom of the Press
Differential Regulation of the Broadcast Media
Arkansas Educational Television Comm'n v. Forbes	146	(1)
Reno v. American Civil Liberties Union	147	(2)
The Religion Clauses: Free Exercise and Establishment
The Free Exercise of Religion
Neutral Laws Adversely Affecting Religion: Are Religious Exemptions Constitutionally Compelled?
City of Boerne v. Flores	149	(2)
The Establishment Clause
Enshrining Official Beliefs
Santa Fe Independent School District v. Doe	151	(1)
Financial Aid to Religious Institutions
Agostini v. Felton	152	(9)
Mitchell v. Helms	161