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Constitutional Law and Politics, Vol. 1 » (7th Edition)
Authors: David M. O'Brien
ISBN-13: 9780393930382, ISBN-10: 0393930386
Format: Paperback
Publisher: Norton, W. W. & Company, Inc.
Date Published: April 2008
Edition: 7th Edition
Author Biography: David M. O'Brien
David M. O’Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia. He is the author of several books, including Constitutional Law and Politics and Storm Center: The Supreme Court in American Politics, winner of the American Bar Association’s Silver Gavel Award and now in its widely adopted Seventh Edition.
Book Synopsis
Now in its Seventh Edition, Constitutional Law and Politics remains the authoritative casebook for the study of Supreme Court decisions in political science courses.
Table of Contents
| Illustrations | xxv | |
| Preface | xxvii | |
| Acknowledgments | xxxi | |
| The United States Constitution and Amendments | 1 | |
| Chapter 1. | The Supreme Court, Judicial Review, and Constitutional Politics | 23 |
| A. | Establishing and Contesting the Power of Judicial Review | 27 |
| B. | The Politics of Constitutional Interpretation | 69 |
| Chapter 2. | Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process | 100 |
| A. | Jurisdiction and Justiciable Controversies | 101 |
| B. | The Court's Docket and Screening Cases | 162 |
| C. | The Rule of Four and Agenda Setting | 165 |
| D. | Summarily Decided Cases | 168 |
| E. | The Role of Oral Argument | 169 |
| F. | Conference Deliberations | 171 |
| G. | Postconference Writing and Circulation of Opinions | 174 |
| H. | Opinion Days and Communicating Decisions | 177 |
| I. | The Impact of Supreme Court Decisions: Compliance and Implementation | 182 |
| Chapter 3. | Economic Rights and American Capitalism | 218 |
| A. | The Contract Clause and Vested Interests in Property | 220 |
| B. | The Development and Demise of a "Liberty of Contract" | 252 |
| C. | The "Takings Clause" and Just Compensation | 285 |
| Chapter 4. | The Nationalization of the Bill of Rights | 299 |
| A. | The Selective Nationalization of Guarantees of the Bill of Rights Plus Other Fundamental Rights | 304 |
| B. | The Rise and Retreat of the "Due Process Revolution" | 348 |
| Chapter 5. | Freedom of Expression and Association | 371 |
| A. | Judicial Approaches to the First Amendment | 381 |
| B. | Obscenity, Pornography, and Offensive Speech | 421 |
| C. | Libel | 509 |
| D. | Commercial Speech | 535 |
| E. | Freedom of the Press | 556 |
| F. | Regulating the Broadcast and Cable Media, and the Internet | 589 |
| G. | Fair Trial/Free Press Controversies | 604 |
| H. | Symbolic Speech and Speech-Plus-Conduct | 612 |
| I. | Freedom of Association | 642 |
| Chapter 6. | Freedom from and of Religion | 655 |
| A. | The (Dis) Establishment of Religion | 663 |
| B. | Free Exercise of Religion | 759 |
| Chapter 7. | The Fourth Amendment Guarantee Against Unreasonable Searches and Seizures | 814 |
| A. | Requirements for a Warrant and Reasonable Searches and Seizures | 817 |
| B. | Exceptions to the Warrant Requirement | 829 |
| C. | The Special Problems of Automobiles in a Mobile Society | 859 |
| D. | Other Governmental Searches in the Administrative State | 883 |
| E. | Wiretapping, Bugging, and Police Surveillance | 906 |
| F. | The Exclusionary Rule | 931 |
| Chapter 8. | The Fifth Amendment Guarantee Against Self-Accusation | 970 |
| A. | Coerced Confessions and Police Interrogations | 979 |
| B. | Grants of Immunity | 1035 |
| C. | Real Versus Testimonial Evidence | 1036 |
| D. | Required Records, Private Papers, and Custodial Possession | 1038 |
| Chapter 9. | The Rights to Counsel and Other Procedural Guarantees | 1043 |
| A. | The Right to Counsel | 1043 |
| B. | Plea Bargaining and the Right to Effective Counsel | 1058 |
| C. | Indictment by a Grand Jury | 1067 |
| D. | The Right to an Impartial Jury Trial | 1069 |
| E. | A Speedy and Public Trial | 1088 |
| F. | The Rights to Be Informed of Charges and to Confront Accusers | 1089 |
| G. | The Guarantee Against Double Jeopardy | 1093 |
| H. | The Guarantee Against Excessive Bail and Fines | 1098 |
| I. | Indigents and the Criminal Justice System | 1100 |
| Chapter 10. | Cruel and Unusual Punishment | 1104 |
| A. | Noncapital Punishment | 1106 |
| B. | Capital Punishment | 1115 |
| Chapter 11. | The Right of Privacy | 1185 |
| A. | Privacy and Reproductive Freedom | 1189 |
| B. | Privacy and Personal Autonomy | 1238 |
| Chapter 12. | The Equal Protection of the Laws | 1277 |
| A. | Racial Discrimination and State Action | 1287 |
| B. | Racial Discrimination in Education | 1333 |
| C. | Affirmative Action and Reverse Discrimination | 1388 |
| D. | Nonracial Classifications and the Equal Protection of the Laws | 1449 |
| Appendix A | Researching Legal Materials and Law-Related Sources on the Web | 1537 |
| Appendix B | The How, Why, and What to Briefing and Citing Court Cases | 1545 |
| Members of the Supreme Court of the United States | 1549 | |
| Biographies of Current Justices | 1553 | |
| Glossary | 1559 | |
| Index of Cases | 1565 | |
| General Index | 1582 |
Subjects
Law
Constitutional Law Constitutional Law - General & Miscellaneous
Nonfiction Law Constitutional Law
Political Books & Current Events Books Law Constitutional Law
Constitutional Law Constitutional Law - General & MiscellaneousNonfiction
Law Constitutional LawPolitical Books & Current Events Books
Law Constitutional Law