American Constitutional Law: Essays, Cases, and Comparative Notes, Volume 2American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender. |
Contents
The Supreme Court | 11 |
The Constitution and Its Interpretation | 31 |
Judicial Power | 57 |
Liberty Community and Constitutional Interpretation under the Bill of Rights | 103 |
The Bill of Rights Incorporation and Capital Punishment | 109 |
Liberty and Property | 209 |
Fundamental Rights Privacy and Personhood | 267 |
Freedom of Speech | 389 |
The United States Constitution | 745 |
First Inaugural Address Abraham Lincoln | 755 |
The Gettysburg Address Abraham Lincoln | 759 |
Understanding Supreme Court Opinions | 761 |
Glossary of Terms | 765 |
Chronological Chart of the Justices | 771 |
Legal Research on the World Wide Web | 775 |
The Federalist No 78 | 777 |
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Common terms and phrases
abortion American Appeals applied argued argument Article Basic Law Bill of Rights capital punishment Chaplinsky Chief Justice child citizens claim concluded concurring conduct Congress consti Constitutional Court constitutional interpretation constitutional law constitutionally conviction crime criminal death penalty decision democracy dissent doctrine Due Process Clause Eighth Amendment enacted Equal Protection Clause Establishment Clause expression federal fetus flag Fourteenth Amendment Framers free exercise freedom guarantees homosexual human imposed individual interest issue judges judgment judicial power judicial review jurisdiction jurisprudence jury Justice Scalia legislative legislature liberty limited majority meaning ment moral Ninth Amendment offense opinion person petitioners political prayer principle prohibition provides public schools purpose question reason regulation Rehnquist religion religious reprinted later restrictions rule Second Amendment social society sodomy stare decisis State's statute Supreme Court Texas tion tional tradition unconstitutional United University Press violation words York