American Constitutional Law

Description

This book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals. ABOUT THE AUTHORS ACKNOWLEDGMENTS INTRODUCTION 1 Constitutional Politics A. Litigation as a Political Process B. Lobbying the Courts C. The Executive in Court D. Congressional Duties E. Judge as Lawmaker F. Judge as Administrator G. Independent State Action H. Who Has the “Last Word”? Notes and Questions Selected Readings 2 The Doctrine of Judicial Review A. Sources of Judicial Review Authority B. The Framers' Intent C. The Road to Marbury D. Constraints on Judicial Review E. Methods of Constitutional Interpretation Notes and Questions Selected Readings 3 Threshold Requirements: Husbanding Power and Prestige A. Cases and Controversies B. Standing to Sue C. Mootness D. Ripeness E. Political Questions F. Equitable Discretion Notes and Questions Selected Readings 4 Judicial Organization A. Federal Court System B. Legislative and Specialized Courts C. The Appointment Process D. Tenure, Removal, and Compensation E. Judicial Lobbying Notes and Questions Selected Readings 5 Decision Making: Process and Strategy A. Jurisdiction: Original and Appellate B. The Writ of Certiorari C. From Oral Argument to Decision D. Unanimity and Dissent E. Caseload Burdens Notes and Questions Selected Readings 6 Separation of Powers: Domestic Conflicts A. The Separation Doctrine B. Presidential Power C. Creating the Executive Departments D. Appointments and Removals E. Delegation of Legislative Power F. Congressional Oversight G. Investigations and Executive Privilege H. Congressional Membership and Prerogatives I. Immigration Policy Executive Branch Statements Regarding DACA Conclusions Notes and Questions Selected Readings 7 Separation of Powers: Emergencies and Foreign Affairs A. External and Internal Affairs B. An Executive Prerogative? C. Treaties and Executive Agreements D. The War Power E. Rights of Citizenship Conclusions Notes and Questions Selected Readings 8 Federal-State Relations A. The Principle of Federalism B. The Commerce Clause C. Nationalization of the Economy D. The New Deal Watershed E. From National League to Garcia F. State Powers Revived G. The Spending and Taxing Powers H. Preemption and Abstention I. Nationalization of the Bill of Rights Conclusions Notes and Questions Selected Readings 9 Political Participation A. Presidential Elections B. Voting Rights C. Reapportionment D. Campaign Financing E. Lobbying Conclusions Notes and Questions Selected Readings 10 ECONOMIC LIBERTIES A. The Meaning of Property B. The Contract Clause C. The Takings Clause D. The Police Power E. Substantive Due Process F. Continuing Issues Conclusions Notes and Questions Selected Readings 11 FREE SPEECH IN A DEMOCRATIC SOCIETY A. Free Speech and National Security B. Associational Rights C. The Regulation of Speech D. Forms of Speech E. Commercial Speech F. Campaign Finance G. Broadcasting Rights Conclusions Notes and Questions Selected Readings 12 FREEDOM OF THE PRESS A. The Evolution of Press Freedoms B. Regulating the Press C. Free Press vs. Fair Trial D. Libel Law E. Obscenity Conclusions Notes and Questions Selected Readings 13 RELIGIOUS FREEDOM A. The Virginia Statute B. Free Exercise Clause C. Establishment Clause D. Financial Assistance to Sectarian Schools E. Religious Instruction and Prayers F. Nine Justices in Search of a Model Notes and Questions Selected Readings 14 DUE PROCESS OF LAW A. The Concept of Due Process B. Due Process for Juveniles C. Grand Juries and Jury Trials D. Fundamentals of a Fair Trial E. Self-Incrimination F. Assistance of Counsel G. The Eighth Amendment H. Prisoners' Rights I. The Right to Bear Arms Notes and Questions Selected Readings 15 SEARCH AND SEIZURE A. Expectations of Privacy B. Arrest and Search Warrants C. Exceptions to the Warrant Requirement D. Electronic Eavesdropping E. The Exclusionary Rule Conclusions Notes and Questions Selected Readings 16 RACIAL DISCRIMINATION A. Slavery B. Civil War Amendments C. School Desegregation D. Desegregating Other Activities E. Employment and Affirmative Action Conclusions Notes and Questions Selected Readings 17 THE EXPANSION OF EQUAL PROTECTION A. The Struggle for Women's Rights B. Protecting Against Gender Discrimination C. Rights of Aliens D. Rights of the Poor E. Equal Protection for Gays and Lesbians Conclusions Notes and Questions Selected Readings 18 RIGHTS OF PRIVACY A. Dimension of Privacy B. Use of Contraceptives C. Reproductive Freedom D. The Right to Die E. Homosexuality and Privacy Rights F. Defining the Limits of Privacy Conclusions Notes and Questions Selected Readings 19 Efforts to Curb the Court A. Constitutional Amendments B. Statutory Reversals C. Court Packing D. Withdrawing Jurisdiction E. The Claim of Judicial Finality F. Constitutional Dialogues G. Correcting Judicial Errors Conclusions Notes and Questions Selected Readings APPENDICES Appendix 1 The Constitution of the United States Appendix 2 Justices of the Supreme Court (1789–2016) Appendix 3 Glossary of Legal Terms Appendix 4 How to Research the Law TABLE OF CASES INDEX