Constitutional Law in Context

by Curtis, Michael Kent; Parker, J. Wilson; Davison, Douglas M.; Finkelman, Paul

• ISBN13: 9780890894200
• ISBN10: 0890894205
• Format: Hardcover
• Copyright: 2003-09-01
• Publisher: Carolina Academic Pr

Table of Contents

Table of Cases	vii
Table of Authorities	xix
Permissions	xxv
A Timeline of American Constitutional History	xxvii
Justices of the U.S. Supreme Court	lvii
Membership Changes in the U.S. Supreme Court, by Chief Justice, 1789-2002	lxv
An Introduction to American Constitutional Law	3	(56)
The Articles of Confederation	5	(1)
The Constitution of the United States of America	6	(14)
The Constitution: Institutions, Powers, and Limits	20	(1)
What Is Constitutional Law?	21	(9)
On Reading the Constitution	30	(8)
A Problem for Constitutional Analysis: The Clinton Impeachment	38	(21)
National Power: Article I and the Powers and Limits of Congress	59	(174)
Implied Congressional Power: Its Nature and Extent	62	(35)
The Commerce Clause: A Delegated Power	97	(107)
Ducking the Issue: Statutory Construction as a Means of Avoiding Constitutional Interpretation	204	(7)
Other Delegated Sources of National Power: The Power to Spend, the War Power, and the Treaty Power	211	(22)
Limits on Federal Power: The Federal Structure, the 10th Amendment, and State Sovereign Immunity	233	(80)
National Power and State Power: The 10th Amendment	235	(52)
National Power and State Power: State Sovereign Immunity	287	(21)
The Rehnquist Court	308	(5)
Powers and Limits of the Federal Courts	313	(146)
Federal Judicial Review	315	(48)
Congressional Control over Federal Judicial Review	363	(6)
Justiciability	369	(90)
The Role of the President	459	(90)
The Scope of Executive Power	461	(36)
The President as Commander-in-Chief	497	(3)
Appointments and the Separation of Powers	500	(19)
Executive Privilege: Judicial Immunities	519	(30)
Limits on State Power: Preemption, the Dormant Commerce Clause, and the Privileges and Immunities Clause	549	(126)
Preemption	551	(29)
The Dormant Commerce Clause	580	(79)
The Privileges and Immunities Clause of Article IV	659	(11)
Special Considerations: The World Trade Organization and the North American Free Trade Agreement	670	(5)
The Incorporation of the Bill of Rights	675	(116)
Introduction	677	(10)
Application of the Bill of Rights to the States: 1791-1833	687	(3)
From Barron to the Adoption of the 14th Amendment: The Pre-Civil War Background	690	(21)
The Drafting of the 14th Amendment	711	(24)
Applying Methods of Interpretation to the 14th Amendment's First Section	735	(2)
Reconstruction and the Initial Judicial Response	737	(24)
The Bill of Rights and Incorporation after Slaughter-House	761	(20)
Incorporation: Approaches, Effects, and Concluding Thoughts	781	(2)
The Warren Court	783	(8)
Substantive Due Process	791	(202)
Introduction	793	(9)
Liberty and Economic Rights	802	(36)
The Origins of Substantive Protection for Non-Economic Rights	838	(9)
Liberty and Sexual Privacy	847	(57)
Liberty and the Family	904	(18)
Liberty and Sexual Autonomy: Restrictions on Private Sexual Behavior	922	(21)
Liberty and the ``Right'' to Die	943	(25)
A Model of Substantive Due Process Analysis	968	(1)
The Takings Clause	969	(24)
Procedural Due Process	993
Goals For Chapter 9	995	(1)
How Does One Establish the Right to Process: What Is ``Property'' and ``Liberty''?	995	(26)
What Process Is Due?	1021	(5)
Liberty Outside the Employment Context	1026
Index	I