American 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.
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 and Comparative Law in the Department of Government at University of Texas at Austin.
Part 1 Preface Part 2 Introduction Part 3 Part I: Institutional and Interpretive Foundations Part 4 Chapter 1: The Supreme Court Part 5 Chapter 2: The Constitution and Its Interpretation Part 6 Chapter 3: Judicial Power Part 7 Marbury v. Madison (1803) Part 8 Martin v. Hunter's Lessee (1816) Part 9 Dred Scott v. Sandford (1856) Part 10 Cooper v. Aaron (1958) Part 11 Ex Parte McCardle (1868) Part 12 Luther v. Borden (1849) Part 13 Baker v. Carr (1962) Part 14 Nixon v. United States (1993) Part 15 Part II: Liberty, Community, and Constitutional Interpretation under the Bill of Rights Part 16 Chapter 4: The Bill of Rights, Incorporation, and Capital Punishment Part 17 Barron v. Baltimore (1833) Part 18 The Slaughter-House Cases (1873) Part 19 Palko v. Connecticut (1937) Part 20 Adamson v. California (1947) Part 21 Rochin v. California (1952) Part 22 Duncan v. Louisiana (1968) Part 23 District of Columbia v. Heller (2008) Part 24 Gregg v. Georgia (1976) Part 25 McCleskey v. Kemp (1987) Part 26 Roper v. Simmons (2005) Part 27 Kennedy v. Louisiana (2008) Part 28 Chapter 5: Liberty and Property Part 29 Fletcher v. Peck (1810) Part 30 Charles River Bridge Company v. Warren Bridge (1837) Part 31 Home Building & Loan Association v. Blaisdell (1934) Part 32 Munn v. Illinois (1876) Part 33 Lochner v. New York (1905) Part 34 West Coast Hotel v. Parrish (1937) Part 35 Kelo v. City of New London (2005) Part 36 Chapter 6: Fundamental Rights: Privacy and Personhood Part 37 United States v. Carolene Products (1938) Part 38 Meyer v. Nebraska (1923) Part 39 Skinner v. Oklahoma (1942) Part 40 Griswold v. Connecticut (1965) Part 41 Roe v. Wade (1973) Part 42 Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Part 43 Gonzales v. Carhart (2007) Part 44 DeShaney v. Winnebago County Department of Social Services (1989) Part 45 Moore v. East Cleveland (1977) Part 46 Troxel v. Granville (2000) Part 47 Bowers v. Hardwick (1986) Part 48 Lawrence v. Texas (2003) Part 49 Michael H. v. Gerald D. (1989) Part 50 Washington v. Glucksberg (1997) Part 51 Chapter 7: Freedom of Speech Part 52 Schenck v. United States (1919) Part 53 Dennis v. United States (1951) Part 54 Brandenburg v. Ohio (1969) Part 55 New York Times Co. v. United States (1971) Part 56 Chaplinsky v. New Hampshire (1942) Part 57 United States v. O'Brien (1968) Part 58 Cohen v. California (1971) Part 59 New York Times Co. v. Sullivan (1964) Part 60 The Sedition Act of 1798 Part 61 Texas v. Johnson (1989) Part 62 R.A.V. v. City of St. Paul (1992) Part 63 Morse v. Frederick (2007) Part 64 Miller v. California (1973) Part 65 City of Erie v. Pap's A. M. (2000) Part 66 Boy Scouts of America v. Dale (2000) Part 67 Chapter 8: Freedom of Religion in Public and Private Life Part 68 Everson v. Board of Education (1947) Part 69 Engel v. Vitale (1962) Part 70 Lemon v. Kurtzman (1971) Part 71 Wallace v. Jaffree (1985) Part 72 Lee v. Weisman (1992) Part 73 Zelman, Superintendent of Public Instruction of Ohio v. Simmons-Harris (2002) Part 74 McCreary County v. ACLU, Kentucky (2005) Part 75 Van Orden v. Perry (2005) Part 76 Davis v. Beason (1890) Part 77 West Virginia v. Barnette (1943) Part 78 Sherbert v. Verner (1963) Part 79 Wisconsin v. Yoder (1972) Part 80 Employment Division v. Smith (1990) Part 81 Boerne v. Flores (1997) Part 82 Locke v. Davey (2004) Part 83 Chapter 9: The Equal Protection Clause and Racial Discrimination Part 84 Dred Scott v. Sandford (1856) Part 85 Strauder v. West Virginia (1880) Part 86 Plessy v. Ferguson (1896) Part 87 Brown v. Board of Education of Topeka (1954) Part 88 Keyes v. School District No. 1, Denver, Colorado (1973) Part 89 Milliken v. Bradley (1974) Part 90 The Civil Rights Cases (1883) Part 91 Shelley v. Kraemer (1948) Part 92 Palmore v. Sidoti (1984) Part 93 Regents of the University of California v. Bakke (1978) Part 94 Adarand Constructors, Inc. v. Pena (1995) Part 95 Grutter v. Bollinger (2003) Part 96 Parents Involved in Community Schools v. Seattle School District No. 1 (2007) Part 97 Chapter 10: Gender Discrimination and Other Claims to Equality Part 98 Shapiro v. Thompson (1969) Part 99 San Antonio Independent School District v. Rodriguez (1973) Part 100 Plyler v. Doe (1982) Part 101 Frontiero v. Richardson (1973) Part 102 Craig v. Boren (1976) Part 103 United States v. Virginia (1996) Part 104 Nguyen v. Immigration and Naturalization Service (2001) Part 105 Foley v. Connelie (1978) Part 106 Trimble v. Gordon (1977) Part 107 Massachusetts Board of Retirement v. Murgia (1976) Part 108 Cleburne v. Cleburne Living Center (1985) Part 109 Romer v. Evans (1996) Part 110 Appendix A Declaration of Independence Part 111 Appendix B The United States Constitution Part 112 Appendix C First Inaugural Address, Abraham Lincoln Part 113 Appendix D The Gettysburg Address, Abraham Lincoln Part 114 Appendix E Understanding Supreme Court Opinions Part 115 Appendix F Glossary of Terms Part 116 Appendix G Chronological Chart of the Justices Part 117 Appendix H Legal Research on the World Wide Web Part 118 Appendix IThe Federalist No. 78 Part 119 Table of Cases Part 122 About the Authors Part 121120 Index
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