Authors: Donald P. Kommers
ISBN-13: 9780742563667, ISBN-10: 0742563669
Format: Hardcover
Publisher: The Rowman & Littlefield Publishing Group Inc
Date Published: July 2009
Edition: 3rd Edition
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 gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation.
Preface | ||
Introduction | 1 | |
Pt. I | Institutional and Interpretive Foundations | 9 |
Ch. 1 | The Supreme Court | 11 |
Ch. 2 | The Constitution and Its Interpretation | 31 |
Pt. II | Intergovernmental Powers and Relationships | 57 |
Ch. 3 | Judicial Power | 61 |
Ch. 4 | Separation of Powers | 109 |
Ch. 5 | Foreign Affairs and Constitutional Crises | 171 |
Ch. 6 | Federalism and State Regulation | 231 |
Ch. 7 | Congressional Powers | 299 |
Ch. 8 | Voting and Political Representation | 365 |
Pt. III | Liberty, Community, and Constitutional Interpretation under the Bill of Rights | 425 |
Ch. 9 | The Bill of Rights, Incorporation, and Capital Punishment | 431 |
Ch. 10 | Liberty and Property | 501 |
Ch. 11 | Fundamental Rights: Privacy and Personhood | 553 |
Ch. 12 | Freedom of Speech | 679 |
Ch. 13 | Freedom of Religion in Public and Private Life | 773 |
Ch. 14 | The Equal Protection Clause and Racial Discrimination | 887 |
Ch. 15 | Gender Discrimination and Other Claims to Equality | 969 |
App. A | Declaration of Independence | 1035 |
App. B | The United States Constitution | 1037 |
App. C | First Inaugural Address, Abraham Lincoln | 1047 |
App. D | The Gettysburg Address, Abraham Lincoln | 1051 |
App. E | Understanding Supreme Court Opinions | 1053 |
App. F | Glossary of Terms | 1057 |
App. G | Chronological Chart of the Justices | 1063 |
App. H | Legal Research on the World Wide Web | 1067 |
App. I | The Federalist No. 78 | 1069 |
Table of Cases | 1073 | |
Index | 1083 | |
About the Authors | 1095 |