Table of Cases | p. xi |
Table of Authorities | p. xiii |
The Role of the Supreme Court in the Constitutional Order | p. 1 |
The Sources of Judicial Decisions: Text, "Representation Reinforcement," and Natural Law | p. 1 |
District of Columbia v. Heller | p. 1 |
"Case or Controversy" Requirements and the Passive Virtues | p. 38 |
Federalism at Work: Congress and the National Economy | p. 43 |
The Values of Federalism and Some Techniques for Implementing Them | p. 43 |
The Evolution of Commerce Clause Doctrine | p. 45 |
State Regulation of Interstate Commerce | p. 46 |
The Scope of Congress's Powers: Taxing and Spending, War Powers, Individual Rights, and State Autonomy | p. 49 |
Regulation through Taxing, Spending, and the War Power | p. 49 |
The Tenth Amendment as a Federalism-Based Limitation on Congressional Power | p. 52 |
The Distribution of National Powers | p. 57 |
Introduction | p. 57 |
A Case Study: Presidential Seizure | p. 58 |
Foreign Affairs | p. 58 |
Domestic Affairs | p. 60 |
Free Enterprise Fund v. Public Company Accounting Oversight Board | p. 60 |
Equality and the Constitution | p. 71 |
Equal Protection Methodology: Heightened Scrutiny and the Problem of Race | p. 71 |
Equal Protection Methodology: The Problem of Sexual Orientation | p. 72 |
Implied Fundamental Rights | p. 75 |
Introduction | p. 75 |
The Incorporation Controversy | p. 76 |
McDonald v. City of Chicago | p. 76 |
Substantive Due Process: The Protection of Economic Interests and the Question of Redistribution | p. 98 |
Modern Substantive Due Process: Privacy, Personhood, and Family | p. 99 |
Procedural Due Process | p. 101 |
The Contracts and Takings Clauses | p. 105 |
Freedom of Expression | p. 107 |
Introduction | p. 107 |
Content-Based Restrictions: Dangerous Ideas and Information | p. 107 |
Content-Based Restrictions: "Low" Value Speech | p. 115 |
United States v. Stevens | p. 117 |
Content-Neutral Restrictions | p. 129 |
Christian Legal Society Chapter v. Martinez | p. 131 |
Pleasant Grove City, Utah v. Summum | p. 137 |
McConnell v. Federal Election Comm'n | p. 143 |
Citizens United v. Federal Election Commission | p. 152 |
Freedom of the Press | p. 169 |
The Constitution and Religion | p. 173 |
Introduction: Historical and Analytic Overview | p. 173 |
The Establishment Clause | p. 174 |
Permissible Accommodation | p. 176 |
State Action, Baselines, and the Problem of Private Power | p. 177 |
Pure Inaction and the Theory of Governmental Neutrality | p. 177 |
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