Constitutional Law

by Stone, Geoffrey R.; Seidman, Louis M.; Sunstein, Cass R.; Tushnet, Mark V.

• ISBN13: 9780735500266
• ISBN10: 0735500266
• Format: Paperback
• Copyright: 1999-06-01
• Publisher: Wolters Kluwer Law & Business

Summary

When you want to update materials for your Constitutional Law class, be sure to review this new case supplement. Taking the integrated approach of interspersing policy, legal theory, and philosophical nuances with traditional doctrinal material, this team of expert authors brings you the very latest cases and materials to enliven your course. This 1999 Case Supplement offers you: the insight of high-profile authors who are experts in the field the most current Supreme Court cases updated problems the flexibility to be used with a wide variety of materials, including the authors' new casebook on the First Amendment The Supplement covers topics taught in the traditional Constitutional Law course including: the role of the Supreme Court in the constitutional scheme the powers of Congress judicial efforts to protect the expansion of the market against assertions of local power the distribution of national power equality And The Constitution implied fundamental rights freedom of expression the Constitution and religion the Constitution, baselines, And The problem of private power To show your studens the most recent applications of the principless of constitutional law, be sure to use this throrough, high-quality supplement.

Table of Contents

Table of Cases	xi
Table of Authorities	xv
Acknowledgments	xxiii
The Role of the Supreme Court in the Constitutional Scheme	1	(34)
Introduction: Some Notes on the History and Theory of the Constitution	1	(1)
The Basic Framework	2	(1)
The Sources of Judicial Decisions: Text, ``Representation-Reinforcement,'' and Natural Law	2	(8)
``Case or Controversy'' Requirements and the Passive Virtues	10	(23)
Raines v. Byrd	12	(9)
Note: Congressional Standing	21	(1)
Federal Election Commission v. Akins	22	(11)
The Jurisdiction of the Supreme Court	33	(2)
The Powers of Congress	35	(48)
Introduction	35	(3)
The Basic Issues. Federalism and Judicial Review	38	(3)
The New Deal Crisis and the Rise of the Welfare State	41	(2)
Other Powers of Congress: Are They More (or Less) Plenary than the Commerce Power?	43	(8)
City of Boerne v. Flores	44	(7)
Implied Limits on Congress's Powers	51	(32)
Printz v. United States	51	(27)
Note: Constitutional Interpretation in Printz	78	(2)
Note: The Second Amendment	80	(3)
Judicial Efforts to Protect the Expansion of the Market against Assertions of Local Power	83	(4)
The Fundamental Framework	83	(1)
Protection against Discrimination	84	(2)
Preemption	86	(1)
The Distribution of National Powers	87	(32)
Introduction	87	(1)
A Case Study: Presidential Seizure	87	(1)
Domestic Affairs	88	(28)
Clinton v. Jones	88	(7)
Note: The Clinton Impeachment	95	(8)
Clinton v. City of New York	103	(13)
Foreign Affairs	116	(3)
Equality and the Constitution	119	(66)
Race and the Constitution	119	(1)
Equal Protection Methodology: Rational Basis Review	120	(3)
Equal Protection Methodology: Heightened Scrutiny and the Problem of Race	123	(14)
Equal Protection Methodology: Heightened Scrutiny and the Problem of Gender	137	(26)
United States v. Virginia	137	(26)
Equal Protection Methodology: Other Candidates for Heightened Scrutiny	163	(22)
Romer v. Evans	165	(16)
Note: The Meaning of Romer	181	(4)
Implied Fundamental Rights	185	(40)
Fundamental Interests and the Equal Protection Clause	185	(19)
Bush v. Vera	185	(12)
Shaw v. Hunt	197	(7)
Modern Substantive Due Process: Privacy, Personhood, and Family	204	(18)
Washington v. Glucksberg	205	(15)
Note: Assisted Suicide	220	(1)
Note: Punitive Damages and Substantive Due Process	221	(1)
Procedural Due Process	222	(3)
Freedom of Expression	225	(60)
Introduction	225	(1)
Content-Based Restrictions: Dangerous Ideas and Information	226	(4)
Overbreadth, Vagueness, and Prior Restraint	230	(1)
Content-Based Restrictions: ``Low'' Value Speech	231	(26)
Liquormart, Inc. v. Rhode Island	232	(3)
Greater New Orleans Broadcasting Ass'n, Inc. v. United States	235	(3)
Reno v. American Civil Liberties Union	238	(8)
Denver Area Educational Telecommunications Consortium, Inc. v. FCC	246	(11)
Content-Neutral Restrictions: Means of Communication Arkansas Educational Television Commission v. Forbes	257	(16)
National Endowment for the Arts v. Finley	261	(12)
Additional Problems	273	(12)
The Constitution and Religion	285	(12)
Introduction: Historical and Analytical Overview	285	(2)
The Establishment Clause	287	(8)
Agostini v. Felton	288	(7)
The Free Exercise Clause: Required Accommodations	295	(1)
Permissible Accomodation	295	(2)
The Constitution, Baselines, and the Problem of Private Power	297	(1)
Constitutionally Required Departures from Neutrality? The Public Function Doctrine	297