Constitutional Law and Politics, volume 2

by O'Brien, David M.

• ISBN13: 9780393974416
• ISBN10: 0393974413
• Format: Paperback
• Copyright: 1999-12-01
• Publisher: W W Norton & Co Inc

Author Biography

David M.O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia.

Table of Contents

Illustrations	xv
Preface	xvii
Acknowledgments	xxi
The United States Constitution and Amendments	1	(982)
The Supreme Court, Judicial Review, and Constitutional Politics	23	(77)
Establishing and Contesting the Power of Judicial Review	27	(42)
How to Locate Decisions of the Supreme Court	28	(1)
[Calder v. Bull]	29	(7)
Constitutional History: Decisions of the Supreme Court Overruled and Acts of Congress Held Unconstitutional, and State Laws and Municipal Ordinances Overturned, 1789--1998.	36	(3)
James Kent's Introductory Law School Lecture in 1794	39	(4)
The Virginia and Kentucky Resolutions of 1798	43	(3)
Marbury v. Madison	46	(10)
Eakin v. Raub	56	(5)
President Jackson's Veto Message of 1832	61	(2)
President Roosevelt's Radio Broadcast, March 9, 1937	63	(6)
The Politics of Constitutional Interpretation	69	(31)
In Comparative Perspective: Written and Unwritten Constitutions: Britain's and Israel's Constitutions	70	(7)
The Text and Historical Context	77	(10)
In and Beyond the Text	87	(1)
Constitutional History: What is the Constitution? Could a Constitutional Amendment Violate the Constitution?	88	(12)
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process	100	(118)
Jurisdiction and Justiciable Controversies	101	(61)
Avenues of appeal: The two main routes to the Supreme Court.	103	(1)
[Frothingham v. Mellon]	104	(2)
Jurisdictional map of the U.S. courts of appeal and U.S. district courts.	106	(2)
Constitutional History: Major Legislation Affecting the Jurisdiction and Business of the Supreme Court	108	(2)
[Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville, Florida]	110	(1)
[Wyoming v. Oklahoma]	110	(1)
The Development of Law: Other Important Rulings on Standing	111	(3)
The Development of Law: Class Action Suits	114	(2)
Inside the Court: Standing and the Connecticut Birth Control Cases	116	(3)
[Luther v. Borden]	119	(1)
[Colegrove v. Green]	119	(1)
[Nixon v. United States]	120	(3)
Inside the Court: The Supreme Court's Reversal of Precedent in Historical Perspective	123	(3)
Flast v. Cohen	126	(9)
Valley Forge Christian College v. Americans United for Separation of Church and State, inc.	135	(5)
Lujan v. Defenders of Wildlife	140	(4)
Baker v. Carr	144	(14)
Goldwater v. Carter	158	(4)
The Court's Docket and Screening Cases	162	(3)
In Comparative Perspective: The ``European Model'' of Constitutional Courts and Judicial Review	163	(2)
The Rule of Four and Agenda Setting	165	(3)
Constitutional History: Figure 2.3. Docket and filings, 1800--1998.	166	(2)
Summarily Decided Cases	168	(1)
The Role of Oral Argument	169	(2)
Conference Deliberations	171	(3)
Inside the Court: On the Tentativeness of Votes and the Importance of Opinion Writing	173	(1)
Postconference Writing and Circulation of Opinions	174	(3)
Constitutional History: Figure 2.4. Opinion writing, 1937-1998.	176	(1)
Opinion Days and Communicating Decisions	177	(5)
Inside the Court: A 1989 Exchange of Memoranda on Opinion Assignments and Writing and Circulating Opinions	177	(4)
Inside the Court: Voting Alignments in the Rehnquist Court, 1986--1997 Terms	181	(1)
The Impact of Supreme Court Decisions: Compliance and Implementation	182	(36)
Constitutional History: The Southern Manifesto: A Declaration of Constitutional Principles	184	(9)
The Development of Law: Congress Reverses the Supreme Court---The Civil Rights Act of 1991	193	(4)
Linkletter v. Walker	197	(5)
Griffith v. kentucky	202	(3)
Jaffree v. Board of School Commissioners of Mobile County	205	(2)
Commonwealth of Kentucky v. Jeffrey Wasson	207	(5)
The Development of Law: Other Recent State Supreme Court Decisions Declining to Follow the U.S. Supreme Court's Rulings	212	(6)
Presidential Power, the Rule of Law, and Foreign Affairs	218	(65)
Office and Powers: The Two Presidencies	218	(5)
As Commander in Chief and in Foreign Affairs	223	(16)
Constitutional History: Alexander Hamilton, The Federalist, No. 70	224	(2)
United States v. Curtiss-Wright Corporation	226	(3)
Dames & Moore v. Regan	229	(6)
Sale v. Haitian Centers Council, Inc.	235	(4)
The Treaty-Making Power and Executive Independence	239	(14)
Missouri v. Holland	241	(1)
Constitutional History: Figure 3.1. Alternatives to treaties: The rise of executive agreements and arrangements	242	(2)
United States v. Pink	244	(3)
Goldwater v. Carter (reprise)	247	(1)
Constitutional History: The Treaty-Reinterpretation Controversy	248	(2)
United States v. Alvarez-Machain	250	(3)
War-Making and Emergency Powers	253	(30)
Constitutional History: The State Department's Justification for President Johnson's War Efforts in Vietnam	257	(1)
The Prize Cases	258	(3)
Ex parte Milligan	261	(6)
Korematsu v. United States	267	(11)
War Powers Resolution	278	(5)
The President as Chief Executive in Domestic Affairs	283	(482)
National Security and Inherent and Emergency powers	284	(31)
[United States v. The Progressive, Inc.]	287	(1)
Inside The Court: The Argument for Inherent and Emergency Presidential Powers in ``the Steel Seizure Case''	288	(1)
Youngstown Sheet & Tube Co. v. Sawyer	289	(16)
New York Times Co. v. United States	305	(10)
Appointment and Removal Powers	315	(52)
Constitutional History: Supreme Court Nominations Rejected, Postponed, or Withdrawn due to Senate Opposition	320	(1)
Myers v. United States	321	(12)
Humphrey's Executor v. United States	333	(3)
Bowsher v. Synar	336	(11)
Morrison v. Olson	347	(20)
Legislative Powers in the Administrative State	367	(37)
[Rust v. Sullivan]	369	(1)
Schechter Poultry Corporation v. United States	370	(7)
Industrial Union Department, AFL-CIO v. American Petroleum Institute	377	(4)
Immigration and Naturalization Service v. Chadha	381	(11)
Clinton v. City of New York	392	(12)
Accountability and Immunities	404	(317)
United States v. Nixon	409	(1)
Constitutional History: Unraveling the Watergate Affair	410	(8)
Articles of Impeachment against President Richard M. Nixon Recommended by the House Judiciary Committee	418	(3)
Clinton v. Jones	421	(6)
Articles of Impeachment against President William Jefferson Clinton Recommended by the House Judiciary Committee and Approved by the House of Representatives	427	(294)
Judicial Federalism	721	(30)
[Coleman v. Thompson]	724	(4)
Martin v. Hunter's Lessee	728	(5)
Cooper v. Aaron	733	(4)
Younger v. Harris	737	(5)
Stone v. Powell	742	(5)
Withrow v. Williams	747	(4)
State Courts and State Constitutional Law	751	(14)
Michigan v. Long	755	(5)
People v. P. J. Video, Inc.	760	(4)
Commonwealth of Kentucky v. Wasson (Reprise)	764	(1)
The Development of Law: Other Recent State Supreme Court Decisions Declining to Follow the U.S. Supreme Court's Rulings (reprise)	764	(1)
Representative Government, Voting Rights, and Electoral Politics	765	(137)
Constitutional History: Thomas Paine on the Right to Vote and Representative Government	767	(1)
Representative Government and the Franchise	768	(22)
Constitutional History: President Lyndon B. Johnson's Address to Congress on the Importance of Passing the Voting Rights Act of 1865, March 15, 1965	773	(2)
[Chisom v. Roemer]	775	(2)
South Carolina v. Katzenback	777	(7)
The Development of Law: Other Rulings Interpreting the Voting Rights Act	784	(6)
Voting Rights and the Reapportionment Revolution	790	(72)
The Development of Law: Rulings Extending the Principle of One Person, One Vote to Local Governments	793	(3)
The Development of Law: Judicial Standards in Reapportionment Cases	796	(2)
Gomillion v. Lightfoot	798	(2)
Baker v. Carr (reprise)	800	(1)
Wesberry v. Sanders	800	(7)
Reynolds v. Sims	807	(7)
Davis v. Bandemer	814	(14)
Shaw v. Reno	828	(6)
Miller v. Johnson	834	(8)
Bush v. Vera	842	(12)
Shaw v. Hunt	854	(6)
The Development of Law: Other Post--Shaw v. Reno Rulings on Racial Gerrymandering	860	(2)
Campaigns and Elections	862	(40)
In Comparative Perspective: Equal Voting Rights and the French Case of Feminine Quotas	863	(4)
[McCormick v. United States]	867	(3)
Buckley v. Valeo	870	(11)
Federal election Commission v. National conservative Political Action Committee (NCPAC) and Democratic Party of the United States v. National Conservative Political Action Committee (NCPAC)	881	(4)
Colorado Republican Federal Campaign Committee v. Federal Election Commission	885	(5)
The Development of Law: Other Rulings on Campaign Finance	890	(1)
Rutan v. Republican Party of Illinois	890	(7)
The Development of Law: Other Ruling on Campaigns and Elections	897	(5)
Economic Rights and American Capitalism	902	(81)
The Contract Clause and Vested Interests in Property	904	(32)
Constitutional History: John Locke on the Ends of Political Society and Government	905	(3)
Fletcher v. Peck	908	(4)
Trustees of Dartmouth College v. Woodward	912	(4)
Charles River Bridge Co. v. Warren Bridge Co.	916	(7)
Home Building & Loan Assocaition v. Blaisdell	923	(6)
City of El Paso v. Simmons	929	(4)
United States Trust Co. of New York v. State of New Jersey	933	(3)
The Development and Demise of a ``Liberty of Contract''	936	(33)
[Allgeyer v. Louisiana]	940	(2)
[Mugler v. Kansas]	942	(1)
[Jacobson v. Massachusetts]	943	(1)
[Adair v. United States]	944	(1)
[Coppage v. Kansas]	945	(5)
Butchers' Benevolent Association v. Cresent City Livestock Landing Slaughterhouse Co. (The Slaughterhouse Cases)	950	(5)
Munn v. Illinois	955	(2)
Lockner v. New York	957	(7)
West Coast Hotel Co. v. parrish	964	(3)
Lincoln Federal Labor Union v. Northwestern Iron & Metal Co.	967	(2)
The ``Takings Clause'' and Just Compensation	969	(14)
[Lucas v. South Carolina Coastal Council]	970	(3)
Hawaii Housing Authority v. Midkiff	973	(3)
Nollan v. California Coastal Commission	976	(4)
The Development of Law: Other Important Rulings on the Takings Clause	980	(3)
Appendix A: Researching Legal Materials and Law-Related Sources on the Web	983	(8)
Appendix B: The How, Why, and What to Briefing and Citing Court Cases	991	(4)
Members of the Supreme Court of the United States	995	(4)
Biographies of Current Justices	999	(6)
Glossary	1005	(6)
Index of Cases	1011	(10)
General Index	1021