American Constitutional Law: Essays, Cases, and Comparative NotesiAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it 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 context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation |
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Contents
The Supreme Court | 11 |
The Constitution and Its Interpretation | 31 |
Intergovernmental Powers and Relationships | 57 |
Judicial Power | 61 |
Separation of Powers | 105 |
Foreign Affairs and Constitutional Crises | 167 |
Federalism and State Regulation | 255 |
Congressional Powers | 323 |
The Equal Protection Clause and Racial Discrimination | 945 |
Gender Discrimination and Other Claims to Equality | 1027 |
Declaration of Independence | 1091 |
The United States Constitution | 1093 |
First Inaugural Address | 1103 |
The Gettysburg Address | 1107 |
Understanding Supreme Court Opinions | 1109 |
Glossary of Terms | 1113 |
Voting and Political Representation | 385 |
Liberty Community and Constitutional Interpretation under the Bill of Rights | 451 |
The Bill of Rights Incorporation and Capital Punishment | 457 |
Liberty and Property | 557 |
Fundamental Rights Privacy and Personhood | 615 |
Freedom of Speech | 737 |
Freedom of Religion in Public and Private Life | 833 |
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