Constitutional Law in Contemporary America Volume One: Institutions, Politics, and Process

by Schultz, David; Vile, John R.; Deardorff, Michelle D.

• ISBN13: 9780195390094
• ISBN10: 0195390091
• Edition: 1st
• Format: Paperback
• Copyright: 2010-01-14
• Publisher: Oxford University Press

Summary

Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features: * Skillfully edited excerpts of the majority opinions of canonical Supreme Court decisions and lower federal and state court decisions * Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government * Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies * Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism) * Topical overviews for each constitutional subject area In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes: Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law. Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.

Author Biography

David Schultz is Professor in the School of Business at Hamline University and senior fellow at the Institute for Law and Politics at the University of Minnesota School of Law.
John R. Vile is Professor of Political Science and Dean of the University Honors College at Middle Tennessee State University.
Michelle D. Deardorff is Associate Professor in the Department of Political Science at Jackson State University.

Table of Contents

Foundation, Interpretation, and Amendments of The Constitution

Timeline: Interpretation and Amendment of the Constitution

Introduction: The English Background of the U.S. Legal System

The Declaration of Independence

The Articles of Confederation

The New Constitution

The Organization and Operation of the Federal Judicial System

The Appointment, Confirmation, and Tenure of Judges and Justices

The Federalist Explains the Judicial Branch

The Jurisdiction and Power of Federal Courts

Between Judicial Activism and Judicial Restraint: Methods of Constitutional Interpretation

The Development of Judicial Review of National Legislation

Legislative Control of Judicial Jurisdiction

Judicial Review of State Legislation and Actions

Advisory Opinions

Taxpayer Suits

Deference, Justiciability, and Standing

The Political Questions Doctrine

The Extent of Judicial Remedies

A Special Note on Briefing Cases and Preparing for Classes

Judiciary Act of 1789

Federalist 78

Marbury v. Madison (1803)

Eakin v. Raub (1825)

Cohens v. Virginia (1821)

Cooper v. Aaron (1958)

Muskrat v. United States (1911)

Frothingham v. Mellon (1923)

Flast v. Cohen (1968)

Chevron v. National Resources Defense Council (1984)

Lujan v. Defenders of Wildlife (1992)

Luther v. Borden (1849)

Coleman v. Miller (1939)

Baker v. Carr (1962)

Powell v. McCormack (1969)

Ex Parte McCardle (1869)

Missouri v. Jenkins (1995)

Nature Of The Federal Union

Timeline: Federalism

Distribution of Federal Power

The Necessary and Proper Clause

The Scope of the Treaty Power

Federal Supersession

Selection from Virginia and Kentucky Resolutions (1898)

McCulloch v. Maryland (1819)

Andrew Jackson's Veto of the Bank Bill

Missouri v. Holland (1920)

Pennsylvania v. Nelson (1956)

Pacific Gas & Electric v. State Energy Resources (1983)

Federalism

Qualifications Clause

Eleventh Amendment

Judicial Intervention

Sexual Preferences as an Issue of Federalism

Racial Discrimination and Federalism

National League of Cities v. Usery (1976)

Garcia v. San Antonio Metropolitan Transit Authority (1985)

U.S. Term Limits v. Thornton (1995)

Seminole Tribe of Florida v. Florida (1996)

Board of Trustees of University of Alabama v. Garrett (2001)

Kimel v. Florida Board of Regents (2000)

Tennessee v. Lane (2004)

Michigan v. Long (1983)

Texas Railroad Commission v. Pullman (1941)

City of Boerne v. Flores (1997)

Bowers v. Hardwick (1986)

Powell v. Georgia (1998)

Lawrence v. Texas (2003)

Goodridge v. Commonwealth of Massachusetts (2003)

Defense of Marriage Act (1996)

Legislative Powers Over Commerce, Taxing, and Spending

Timeline: Legislative Powers

Increased Powers Under the Current Constitution

Federal Commerce Powers

The Development of Two Rival Lines of Precedent

The New Deal

Modern Applications of the Commerce Clause

Taxation and Spending Powers

Other Congressional Powers

Gibbons v. Ogden (1824)

Champion v. Ames (1903)

Hammer v. Dagenhart (1918)

United States v. Schechter Poultry Corporation (1935)

NLRB v. Jones & Laughlin Steel Corporation (1937)

United States v. Darby (1937)

Wickard v. Filburn (1942)

Heart of Atlanta v. United States (1964)

New York v. United States (1992)

United States v. Lopez (1995)

United States v. Morrison (2000)

Granholm v. Heald (2005)

Gonzales v. Raich (2005)

Bailey v. Drexel Furniture (1922)

United States v .Butler (1936)

Steward Machine v. Davis (1937)

South Dakota v. Dole (1987)

Congress and The President

Timeline: Congress and the President

Separation of Powers

Delegation of Legislative Power

Schechter Poultry v. United States (1935)

Immigration and Naturalization Services v. Chadha (1983)

Mistretta v. United States (1989)

Appointment and Removal Powers

Bowsher v. Synar (1986)

Morrison v. Olson (1988)

Presidential Signing Statements

Congressional Investigatory Power

McGrain v. Daugherty (1927)

Watkins v. United States (1957)

Barenblatt v. United States (1959)

Gravel v. United States (1972)

Executive Privilege

United States v. Nixon (1974)

Clinton v. Jones (1997)

In re Grand Jury Subpoena Duces Tecum (1997)

Veto Power

Clinton v. City of New York (1998)

Budgetary and Spending Authority

Presidential Pardoning Power

Ex parte Garland (1866)

Murphy v. Ford (1975)

Property Rights and Substantive Due Process

Timeline: Property Rights and Substantive Due Process

Ex Post Facto Laws

The Clause Protecting the Obligation of Contract

Calder v. Bull (1798)

Dartmouth College v. Woodward (1819)

Charles River Bridge Company v. Warren Bridge Company (1837)

Home Building & Loan Association v. Blaisdell (1934)

U.S. Trust Company v. New Jersey (1977)

Allied v. Spannaus (1978)

The Rise of Substantive Due Process

The New Deal and the End of Lochner Era

Corfield v. Coryell (1823)

Slaughterhouse Cases (1973)

Munn v. Illinois (1877)

Mugler v. Kansas (1887)

Allgeyer v. State of Louisiana (1897)

Lochner v. New York (1905)

Brandeis Brief

Muller v. Oregon (1908)

Adkins v. Children Hospital (1923)

Nebbia v. New York (1934)

West Coast Hotel Company v. Parrish (1937)

United States v. Carolene Products (1938)

Ferguson v. Skrupa (1963)

Lingle v. Chevron U.S.A. Inc., (2005)

BMW of North America, Inc. v. Gore (1996)

Property Rights and Eminent Domain

Timeline: Property Rights and Eminent Domain

Just Compensation

Barron v. Baltimore (1833)

Chicago, B. & Q. R. Company v. City of Chicago (1897)

What Constitutes a Taking?

Pennsylvania v. Mahon (1922)

Euclid v. Ambler Realty Company (1926)

Penn Central v. New York (1978)

Loretto v. Teleprompter Manhattan CATV Corporation (1982)

First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987)

Nollan v. California Coastal Commission (1987)

Lucas v. South Carolina Coastal Council (1992)

Dolan v. City of Tigard (1994)

What is a Valid Public Use?

Berman v. Parker (1954)

Hawaii Housing Authority v. Midkiff (1984)

County of Wayne v. Hathcock (2004)

Kelo v. City of New London (2005)

State Authority In A Federal System

Timeline: The States and Commerce Power

Drawing the Lines between State and Federal Commerce Power

Mayor, Aldermen, and Commonalty of City of New York v. Miln (1837)

Brown v. Maryland (1827)

Cooley v. Board of Wardens (1851)

Coe v. Errol (1886)

South Carolina State Highway Department v. Barnwell Brothers, Inc. (1938)

Southern Pacific v. Arizona (1945)

Dean Milk Company v. City of Madison (1951)

Hood v. Dumond (1948)

Edwards v. California (1941)

Philadelphia v. New Jersey (1978)

Reeves v. Stake (1980)

Baldwin v. Fish & Game Commission of Montana (1978)

California v. Cabazon Band of Mission Indians (1987)

Granholm v. Heald (2005)

Pennsylvania v. Nelson (1956)

State Taxation

Henneford v. Silas Mason Company., Inc. (1937)

Complete Auto Transit v. Brady (1977)

Quill v. North Dakota (1993)

Federal Powers In Foreign Affairs

Timeline: Foreign Affairs and the Constitution

Indian Affairs

Cherokee Nation v. Georgia (1831)

Worcester v. Georgia (1832)

Presidential Power

The Legal Effect of Executive Agreements

The Prize Cases (1863)

Ex Parte Milligan (1866)

United States v. Curtiss-Wright Export Corporation (1936)

Selective Draft Law Cases (Arver v. United States) (1918)

Youngstown Sheet and Tube v. Sawyer (1952)

Perpich v. Department of Defense (1990)

Missouri v. Holland (1920)

Medellín v. Texas (2008)

United States v. Belmont (1937)

The Scope of the Treaty Power

Missouri v. Holland (1920)

Goldwater v. Carter (1969)

The President as Commander-in-Chief

The Prize Cases (1863)

Korematsu v. United States (1944)

Ex parte Endo (1944)

Dames & Moore v. Regan (1981)

Gulf of Tonkin Resolution

Mitchell v. United States (1967)

Mora v. McNamara (1967)

Presidential Power in a Post 9/11 World

Authorization to Use Military Force

Hamdi v. Rumsfeld (2004)

Hamdan v. Rumsfeld (2005)

Boumediene v. Bush (2008)

The Citizen and The Political Process

Timeline: Citizens and the American Election Process

The Right to Vote

Minor v. Happersett (1875)

United States v. Classic (1941)

Smith v. Allwright (1944)

Harper v. Virginia Board of Elections (1966)

Skafte v. Rorex (1976)

Lassiter v. Northampton County Board of Elections (1959)

Richardson v. Ramirez (1974)

Oregon v. Mitchell (1970)

Burdick v. Takushi (1992)

Crawford v. Marion County Election Board (2008)

Reapportionment and Redistricting

Colegrove v. Green (1946)

Gomillion v. Lightfoot (1960)

Baker v. Carr (1962)

Reynolds v. Sims (1964)

Shaw v. Reno (1993)

League of United Latin American Citizens v. Perry (2006)

Political Parties and Ballot Access

Smith v. Allwright (1944)

California Democratic Party v. Jones (2000)

Washington State Grange v. Washington State Republican Party (2008)

Bullock v. Carter (1972)

Anderson v. Celebrezze (1983)

Munro v. Socialist Workers Party (1986)

Campaign Finance and Regulation

Buckley v. Valeo (1976)

Nixon v. Shrink Missouri Government PAC (2000)

McIntyre v. Ohio (1995)

McConnell v. FEC (2003)

Randall v. Sorrell (2006)

Political Patronage and Election Day Regulations

Rutan v. Republican Party of Illinois (1990)

Burson v. Freeman (1992)

Bush v. Gore (2000)

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