Table of Cases | p. xi |
Table of Authorities | p. xv |
Acknowledgments | p. xxv |
The Role of the Supreme Court in the Constitutional Order | p. 1 |
Introduction: Some Notes on the History and Theory of the Constitution | p. 1 |
The Basic Framework | p. 1 |
"Case or Controversy" Requirements and the Passive Virtues | p. 3 |
Elk Grove Unified School District v. Newdow | p. 3 |
Vieth v. Jubelirer | p. 9 |
Bush v. Gore | p. 17 |
Note: Bush v. Gore | p. 30 |
The Powers of Congress | p. 45 |
Introduction | p. 45 |
The Basic Issues: Federalism and Judicial Review | p. 45 |
The Evolution of Commerce Clause Doctrine: The Lessons (?) of History | p. 46 |
Other Powers of Congress: Are They More (or Less) Plenary than the Commerce Power? | p. 50 |
Judicial Efforts to Protect the Expansion of the Market Against Assertions of Local Power | p. 55 |
The Fundamental Framework | p. 55 |
Facially Neutral Statutes with Effects on Commerce | p. 56 |
The Distribution of National Powers | p. 57 |
Introduction | p. 57 |
Domestic Affairs | p. 59 |
Foreign Affairs | p. 63 |
Hamdi v. Rumsfeld | p. 65 |
Equality and the Constitution | p. 97 |
Equal Protection Methodology: Rational Basis Review | p. 97 |
Equal Protection Methodology: Heightened Scrutiny and the Problem of Race | p. 99 |
Grutter v. Bollinger | p. 109 |
Gratz v. Bollinger | p. 130 |
Equal Protection Methodology: Heightened Scrutiny and the Problem of Gender | p. 134 |
Nguyen v. Immigration and Naturalization Service | p. 136 |
Equal Protection Methodology: The Problem of Sexual Orientation | p. 142 |
Equal Protection Methodology: Other Candidates for Heightened Scrutiny | p. 143 |
Implied Fundamental Rights | p. 147 |
Fundamental Interests and the Equal Protection Clause | p. 147 |
Vieth v. Jubelirer | p. 150 |
Modern Substantive Due Process | p. 156 |
Lawrence v. Texas | p. 156 |
Procedural Due Process | p. 172 |
The Contracts and Takings Clauses | p. 173 |
Palazzolo v. Rhode Island | p. 173 |
Freedom of Expression | p. 183 |
Introduction | p. 183 |
Content-Based Restrictions: Dangerous Ideas and Information | p. 187 |
Overbreadth, Vagueness, and Prior Restraint | p. 198 |
Content-Based Restrictions: "Low" Value Speech | p. 199 |
Thompson v. Western States Medical Center | p. 202 |
Lorillard Tobacco Co. v. Reilly | p. 205 |
Ashcroft v. The Free Speech Coalition | p. 214 |
Ashcroft v. American Civil Liberties Union | p. 219 |
City of Los Angeles v. Alameda Books | p. 223 |
Virginia v. Black | p. 226 |
Content-Neutral Restrictions: Limitations on the Means of Communication and the Problem of Content-Neutrality | p. 241 |
Bartnicki v. Vopper | p. 241 |
Legal Services Corp. v. Velazquez | p. 249 |
United States v. American Library Association | p. 253 |
McConnell v. Federal Election Comm'n | p. 268 |
Freedom of the Press | p. 282 |
The Constitution and Religion | p. 289 |
Introduction | p. 289 |
The Establishment Clause | p. 290 |
Zelman v. Simmons-Harris | p. 291 |
Permissible Accommodation | p. 298 |
The Constitution, Baselines, and the Problem of Private Power | p. 301 |
Constitutionally Impermissible Departures from Neutrality: State Subsidization, Approval, and Encouragement | p. 301 |
Brentwood Academy v. Tennessee Secondary School Athletic Association | p. 301 |
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