American Constitutional Law: Essays, Cases, and Comparative Notes

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Rowman & Littlefield, 2010 - Law - 1149 pages
iAmerican 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
Chronological Chart of the Justices
1119
Legal Research on the World Wide Web
1123
The Federalist No 78
1125
Table of Cases
1129
Index
1137
About the Authors
Copyright

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About the author (2010)

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and professor of law emeritus at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is H. Malcolm MacDonald Professor in Constitutional & Comparative Law in the Department of Government at University of Texas at Austin.

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