Constitutional law : cases and materials / 12th ed.

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作   者:by William Cohen, Jonathan D. Varat

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ISBN:9781587788819

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简介

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 Courts 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.Summary of Contents" Table Of Cases" Part I. The Constitution And The Courts: The Judicial Function In Constitutional CasesChapter1. The Constitution1. The Constitution of the United States of America2. History of the Adoption of the Constitution and Its Most Significant Amendments2. Judicial Review1. The Legitimacy of Judicial Review2. Congressional Control of Judicial Review by the Federal Courts3. The Jurisdiction of Federal Courts in Constitutional Cases1. Supreme Court Review of State Court Decisions2. Constitutional Litigation Initiated in the Federal Courts3. Cases and Controversies and Justiciability" Part II. Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and the Courts4. The Scope of National Power1. The Constitutional Convention and the Establishment of a National Government2. Sources of National Power: Early Developments3. The Scope of National Power Today5. State Sovereignty and Federal Regulation1. State Immunity From Federal Regulation2. Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment6. The Scope of State Power1. Introduction2. Discrimination Against Interstate Commerce3. Implied Restrictions of the Commerce ClauseTransportation4. Implied Restrictions of the Commerce ClauseProduction and Trade5. Effect of Other Constitutional Provisions on State Regulatory Power6. Preemption of State Legislation By Federal LegislationThe Impact of the Supremacy Clause7. Separation of Powers1. The Presidents Power to Determine National Policy2. Congressional Interference With Presidential Prerogatives3. Presidential Immunities" Part III. Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses8. The Bill of Rights, The Civil War Amendments and Their InterRelationship1. The PreCivil War Background2. The Initial Interpretation of the Civil War Amendments3. Application of the Bill of Rights to the States9. The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation1. Economic Regulatory Legislation2. Protection of Personal Liberties10. The Equal Protection Clause and the Review of the Reasonableness of Legislation1. IntroductionThe Scope of Equal Protection2. Social and Economic Regulatory Legislation3. Suspect Classifications4. Protection of Personal Liberties11. Defining the Scope of "Liberty" and "Property" Protected By the Due Process ClauseThe Procedural Due Process Cases1. When Does Due Process Mandate Constitutional Procedures?2. Procedural Due Process and Irrebuttable Presumptions12. Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments1. Early Interpretation2. Application of the Constitution to Private Conduct3. Federal Civil Rights Legislation4. Federal Power to Regulate Private Conduct Under the Thirteenth Amendment5. Federal Power to Regulate Private Conduct Under the Fourteenth Amendment6. The Scope of Congressional Power to Redefine the Amendments" Part IV. Constitutional Protection of Expression and Conscience13. Governmental Control of the Content of Expression1. An Introduction to Problems of Content Control of Speech2. Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint3. Speech Conflicting With Other Community Values: Government Control of the Content of Speech14. Restrictions on Time, Place, or Manner of Expression1. The Traditional Public Forum: Speech Activities in Streets and Parks2. The NonTraditional ForumSpeech Activities in Public Property Other Than Parks and Streets3. Speech on Private Premises4. Speech in the Public Schools5. Government Subsidies to Speech15. Protection of Penumbral First Amendment Rights1. Symbolic Speech2. Compelled Affirmation of Belief3. Freedom of Association4. Application of the First Amendment to Government Regulation of Elections5. Speech and Association Rights of Government Employees16. Freedom of the Press1. Introduction2. Restraints on Editorial Judgment3. Prohibition of Publication of Government Information4. Government Demands for Confidential Press Information5. Press Access to Government Information6. Special Problems of the Electronic Media17. Religion and the Constitution1. The Establishment Clause2. The Free Exercise of Religion" Appendix" Index

目录

Preface p. v
Table of Cases p. xxxi
Part I The Constitution and the Courts: The Judicial Function in Constitutional Cases
Chapter 1 The Constitution p. 2
Sec. 1 The Constitution of the United States of America p. 2
Sec. 2 History of the Adoption of the Constitution and Its Most Significant Amendments p. 16
Chapter 2 Judicial Review p. 24
Sec. 1 The Legitimacy of Judicial Review p. 24
Sec. 2 Congressional Control of Judicial Review by the Federal Courts p. 37
Chapter 3 The Jurisdiction of Federal Courts in Constitutional Cases p. 44
Sec. 1 Supreme Court Review of State Court Decisions p. 44
Sec. 2 Constitutional Litigation Initiated in the Federal Courts p. 56
Sec. 3 Cases and Controversies and Justiciability p. 59
Part II Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and The Courts
Chapter 4 The Scope of National Power p. 127
Sec. 1 The Constitutional Convention and the Establishment of a National Government p. 127
Sec. 2 Sources of National Power: Early Developments p. 133
Sec. 3 The Scope of National Power Today p. 162
Chapter 5 State Sovereignty and Federal Regulation p. 221
Sec. 1 State Immunity From Federal Regulation p. 221
Sec. 2 Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment p. 256
Chapter 6 The Scope of State Power p. 270
Sec. 1 Introduction p. 270
Sec. 2 Discrimination Against Interstate Commerce p. 275
Sec. 3 Implied Restrictions of the Commerce Clause-Transportation p. 280
Sec. 4 Implied Restrictions of the Commerce Clause-Production and Trade p. 296
Sec. 5 Effect of Other Constitutional Provisions on State Regulatory Power p. 355
Sec. 6 Preemption of State Legislation By Federal Legislation-The Impact of the Supremacy Clause p. 377
Chapter 7 Separation of Powers p. 393
Sec. 1 The President's Power to Determine National Policy p. 393
Sec. 2 Congressional Interference With Presidential Prerogatives p. 433
Sec. 3 Presidential Immunities p. 453
Part III Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses
Chapter 8 The Bill of Rights, The Civil War Amendments and Their Inter-Relationship p. 467
Sec. 1 The Pre-Civil War Background p. 469
Sec. 2 The Initial Interpretation of the Civil War Amendments p. 474
Sec. 3 Application of the Bill of Rights to the States p. 489
Chapter 9 The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation p. 513
Sec. 1 Economic Regulatory Legislation p. 513
Sec. 2 Protection of Personal Liberties p. 582
Chapter 10 The Equal Protection Clause and the Review of the Reasonableness of Legislation p. 690
Sec. 1 Introduction-The Scope of Equal Protection p. 690
Sec. 2 Social and Economic Regulatory Legislation p. 697
Sec. 3 Suspect Classifications p. 712
Sec. 4 Protection of Personal Liberties p. 936
Chapter 11 Defining the Scope of "Liberty" and "Property" Protected By the Due Process Clause-The Procedural Due Process Cases p. 1097
Sec. 1 When Does Due Process Mandate Constitutional Procedures? p. 1098
Sec. 2 Procedural Due Process and Irrebuttable Presumptions p. 1120
Chapter 12 Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments p. 1131
Sec. 1 Early Interpretation p. 1131
Sec. 2 Application of the Constitution to Private Conduct p. 1137
Sec. 3 Federal Civil Rights Legislation p. 1180
Sec. 4 Federal Power to Regulate Private Conduct Under the Thirteenth Amendment p. 1184
Sec. 5 Federal Power to Regulate Private Conduct Under the Fourteenth Amendment p. 1191
Sec. 6 The Scope of Congressional Power to Redefine the Amendments p. 1197
Part IV Constitutional Protection of Expression and Conscience
Chapter 13 Governmental Control of the Content of Expression p. 1250
Sec. 1 An Introduction to Problems of Content Control of Speech p. 1250
Sec. 2 Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint p. 1291
Sec. 3 Speech Conflicting With Other Community Values: Government Control of the Content of Speech p. 1319
Chapter 14 Restrictions on Time, Place, or Manner of Expression p. 1463
Sec. 1 The Traditional Public Forum: Speech Activities in Streets and Parks p. 1463
Sec. 2 The Non-Traditional Forum-Speech Activities in Public Property Other Than Parks and Streets p. 1485
Sec. 3 Speech on Private Premises p. 1501
Sec. 4 Speech in the Public Schools p. 1519
Sec. 5 Government Subsidies to Speech p. 1535
Chapter 15 Protection of Penumbral First Amendment Rights p. 1566
Sec. 1 Symbolic Speech p. 1566
Sec. 2 Compelled Affirmation of Belief p. 1578
Sec. 3 Freedom of Association p. 1580
Sec. 4 Application of the First Amendment to Government Regulation of Electrions p. 1606
Sec. 5 Speech and Association Rights of Government Employees p. 1654
Chapter 16 Freedom of the Press p. 1678
Sec. 1 Introduction p. 1678
Sec. 2 Restraints on Editorial Judgment p. 1684
Sec. 3 Prohibition of Publication of Government Information p. 1688
Sec. 4 Government Demands for Confidential Press Information p. 1697
Sec. 5 Press Access to Government Information p. 1702
Sec. 6 Special Problems of the Electronic Media p. 1708
Chapter 17 Religion and the Constitution p. 1725
Sec. 1 The Establishment Clause p. 1725
Sec. 2 The Free Exercise of Religion p. 1822
Appendix The United States Supreme Court p. 1847
Index p. 1857

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