Constitutional Law (Cases and Materials)

by William Cohen; Jonathan D. Varat; Vikram Amar

• ISBN13: 9781587788819
• ISBN10: 1587788810
• Format: Nonspecific Binding
• Copyright: 2005-01-01
• Publisher: West Pub Co

Summary

Constitutional Law, Cases and Materials provides an overview of constitutional law, focusing closely on Supreme Court decisions. The casebook cites key cases in its discussions of the Court?s re-emphasis on federalism disputes, racial gerrymandering, sex discrimination material, and changes in first amendment standards. Federalism dispute cases include Seminole Tribe of Florida v. Florida, United States v. Lopez, and U.S. Term Limits, Inc. v. Thornton. Racial gerrymandering cases include Adarand Constructors, Inc. v. Pena. New sex discrimination material includes J.E.B. v. Alabama ex rel. T.B. and United States v. Virginia. Changes in First Amendment standards cases include 44 Liquormart, Inc. v. Rhode Island. First Amendment limits on cable television regulation cases include Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission.

Table of Contents

Preface	p. v
Table of Cases	p. xxxi
The Constitution and the Courts: The Judicial Function in Constitutional Cases
The Constitution	p. 2
The Constitution of the United States of America	p. 2
History of the Adoption of the Constitution and Its Most Significant Amendments	p. 16
Judicial Review	p. 24
The Legitimacy of Judicial Review	p. 24
Congressional Control of Judicial Review by the Federal Courts	p. 37
The Jurisdiction of Federal Courts in Constitutional Cases	p. 44
Supreme Court Review of State Court Decisions	p. 44
Constitutional Litigation Initiated in the Federal Courts	p. 56
Cases and Controversies and Justiciability	p. 59
Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and The Courts
The Scope of National Power	p. 127
The Constitutional Convention and the Establishment of a National Government	p. 127
Sources of National Power: Early Developments	p. 133
The Scope of National Power Today	p. 162
State Sovereignty and Federal Regulation	p. 221
State Immunity From Federal Regulation	p. 221
Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment	p. 256
The Scope of State Power	p. 270
Introduction	p. 270
Discrimination Against Interstate Commerce	p. 275
Implied Restrictions of the Commerce Clause-Transportation	p. 280
Implied Restrictions of the Commerce Clause-Production and Trade	p. 296
Effect of Other Constitutional Provisions on State Regulatory Power	p. 355
Preemption of State Legislation By Federal Legislation-The Impact of the Supremacy Clause	p. 377
Separation of Powers	p. 393
The President's Power to Determine National Policy	p. 393
Congressional Interference With Presidential Prerogatives	p. 433
Presidential Immunities	p. 453
Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses
The Bill of Rights, The Civil War Amendments and Their Inter-Relationship	p. 467
The Pre-Civil War Background	p. 469
The Initial Interpretation of the Civil War Amendments	p. 474
Application of the Bill of Rights to the States	p. 489
The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation	p. 513
Economic Regulatory Legislation	p. 513
Protection of Personal Liberties	p. 582
The Equal Protection Clause and the Review of the Reasonableness of Legislation	p. 690
Introduction-The Scope of Equal Protection	p. 690
Social and Economic Regulatory Legislation	p. 697
Suspect Classifications	p. 712
Protection of Personal Liberties	p. 936
Defining the Scope of "Liberty" and "Property" Protected By the Due Process Clause-The Procedural Due Process Cases	p. 1097
When Does Due Process Mandate Constitutional Procedures?	p. 1098
Procedural Due Process and Irrebuttable Presumptions	p. 1120
Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments	p. 1131
Early Interpretation	p. 1131
Application of the Constitution to Private Conduct	p. 1137
Federal Civil Rights Legislation	p. 1180
Federal Power to Regulate Private Conduct Under the Thirteenth Amendment	p. 1184
Federal Power to Regulate Private Conduct Under the Fourteenth Amendment	p. 1191
The Scope of Congressional Power to Redefine the Amendments	p. 1197
Constitutional Protection of Expression and Conscience
Governmental Control of the Content of Expression	p. 1250
An Introduction to Problems of Content Control of Speech	p. 1250
Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint	p. 1291
Speech Conflicting With Other Community Values: Government Control of the Content of Speech	p. 1319
Restrictions on Time, Place, or Manner of Expression	p. 1463
The Traditional Public Forum: Speech Activities in Streets and Parks	p. 1463
The Non-Traditional Forum-Speech Activities in Public Property Other Than Parks and Streets	p. 1485
Speech on Private Premises	p. 1501
Speech in the Public Schools	p. 1519
Government Subsidies to Speech	p. 1535
Protection of Penumbral First Amendment Rights	p. 1566
Symbolic Speech	p. 1566
Compelled Affirmation of Belief	p. 1578
Freedom of Association	p. 1580
Application of the First Amendment to Government Regulation of Electrions	p. 1606
Speech and Association Rights of Government Employees	p. 1654
Freedom of the Press	p. 1678
Introduction	p. 1678
Restraints on Editorial Judgment	p. 1684
Prohibition of Publication of Government Information	p. 1688
Government Demands for Confidential Press Information	p. 1697
Press Access to Government Information	p. 1702
Special Problems of the Electronic Media	p. 1708
Religion and the Constitution	p. 1725
The Establishment Clause	p. 1725
The Free Exercise of Religion	p. 1822
The United States Supreme Court	p. 1847
Index	p. 1857
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