9780314143532

Constitutional Law : Themes for the Constitution's Third Century

by ; ;
  • ISBN13:

    9780314143532

  • ISBN10:

    031414353X

  • Edition: 3rd
  • Format: Hardcover
  • Copyright: 2003-06-01
  • Publisher: West Group

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Supplemental Materials

What is included with this book?

Summary

The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of law. They also have tried to show students how these issues pervade constitutional law and to provide students with tools for more intense thinking. The authors start with Brown v. Board of Education and the historical litigation background of that case to generate greater initial enthusiasm in students.

Table of Contents

Dedication iii
Preface v
Table of Contents
xi
Table of Cases
xxxi
A Prologue on Constitutional History
1(58)
The Founding Generation: The Constitution and the Bill of Rights, 1787-1791
3(8)
The Marshall Court's Nationalist Vision, 1801-1835
11(4)
States' Rights, Slavery, and the Taney Court, 1836-1864
15(4)
Reconstruction and the Ambiguous Triumph of Abolition, 1864-1896
19(5)
The Labor Movement, Progressivism, and Rights For Women And Blacks, 1896-1937
24(7)
The New Deal, the Court-Packing Controversy, and the Carolene Court, 1937-1953
31(7)
The Warren Court and the Triumph of the Civil Rights Movement, 1953-1969
38(6)
The Nixon Court: Pragmatic Legal Process and Women's Rights, 1969-1987
44(6)
The Post-Civil Rights Court, 1987-Now
50(9)
Appendix: Recent Justices
55(4)
An Introduction to Constitutional Decisionmaking
59(118)
Brown v. Board of Education: A Case Study
59(26)
The Supreme Court's Role in Our Political System
85(34)
Brown and Theories of Constitutional Decisionmaking
119(58)
The Constitution and Racial Discrimination
177(122)
Racial Classifications After Brown
181(31)
The State Action Doctrine as a Limit on the Judicial Power To Address Racial Discrimination
212(28)
The Affirmative Action Controversy: Benign Racial Classifications or Reverse Discrimination?
240(59)
Sex and Gender Discrimination and Other Equal Protection Concerns
299(126)
Minimal Equal Protection Scrutiny (The Rational-Basis Test)
300(14)
Sex- and Gender-Based Discrimination
314(69)
What Level of Scrutiny for Other ``Suspicious'' Classifications?
383(42)
Protecting Fundamental Rights
425(188)
Should Courts Ever Enforce Unenumerated Rights?
427(21)
Protecting Economic Liberty and Property
448(33)
Equal Protection and ``Fundamental Interests''
481(36)
Fundamental Privacy Rights
517(65)
The ``Right To Die''
582(10)
Procedural Due Process
592(21)
The First Amendment
613(208)
Free Speech and Competing Values
613(18)
Regulation of Harmful Messages
631(82)
Speech with a Government Nexus
713(41)
Process-Based Protections for Speech
754(16)
Freedom of Association
770(7)
The Religion Clauses
777(44)
Federalism
821(230)
Enumerated Federal Power, Reserved State Authority: Introduction
821(20)
Congressional Power Under the Commerce Clause
841(42)
Congressional Authority To Promote Civil Rights
883(70)
Beyond the Commerce Power and the Civil Rights Enforcement Power
953(14)
Intergovernmental Immunities and Congressional Power
967(33)
Nationalist Limitations Upon State Regulatory Authority
1000(51)
Separation of Powers
1051(140)
Issues of Executive Aggrandizement (The Imperial Presidency)
1064(43)
Issues of Legislative Overreaching (The Meddlesome Congress)
1107(56)
Congressional and Presidential Structuring of Adjudication and Deployment of Article III Judges
1163(28)
Limits on the Judicial Power
1191(1)
The Political Question Doctrine
1192(24)
``Cases'' or ``Controversies''
1216(32)
Constitutional Limits on Federal Courts' Remedial Powers
1248
Appendices and Index
Appendix 1: The Constitution of the United States
1(18)
Appendix 2: Constitutional Ratification Materials
19(12)
Appendix 3: James Madison's Speech to the House of Representatives Presenting the Proposed Bill of Rights, June 8, 1789
31(8)
Index
39

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