Research Catalog

Title

Constitutional law : cases, comments, questions / by Jesse H. Choper, Richard H. Fallon, Jr. ... [et al.].

Publication

St. Paul, MN : Thomson/West, c2006.

Items in the Library & Off-site

Holdings

Details

Additional Authors

• Choper, Jesse H.
• Fallon, Richard H., Jr., 1952-

Description

cxxv, 1617 p.; 27 cm.

Series Statement

American casebook series

Uniform Title

American casebook series

Subject

Constitutional law > United States > Cases

Genre/Form

Trials, litigation, etc.

Bibliography (note)

• Includes bibliographical references and index.

Supplement (note)

• Kept up to date by supplement which also updates The American Constitution and Constitutional rights and liberties.

Processing Action (note)

• committed to retain

Contents

• Nature and scope of judicial review. Origins, early challenges, and continuing controversy ; Political questions ; Congressional regulation of judicial power ; discretionary review ; Prerequisites to Federal jurisdiction and judicial review : an introduction -- National legislative power. Sources and nature ; The national commerce power ; The national taxing and spending powers ; Foreign affairs power -- Applying national powers to state governments : intergovernmental immunities -- Distribution of Federal powers : separation of powers. Presidential action affecting "congressional" powers ; Congressional action affecting "Presidential" powers ; Executive privilege and immunity ; Impeachment of the President -- State power to regulate. State regulation when Congress' power is "dormant" : history and fundamental issues ; Cases and doctrine ; the state as a market participant ; Interstate privileges and immunities clause ; State power to tax --^
• Substantive protection of economic interests. Origins of substantive due process ; The Lochner era ; The abandonment of Lochner ; Other limits on economic legislation : the prohibition against "taking" "private property" without just compensation ; Decline and revitalization of the contract clause -- Protection of individual rights : due process, the Bill of Rights, and nontextual constitutional rights. Nature and scope of Fourteenth Amendment due process : applicability of the bill of Rights to the states ; The right of "privacy" (or "autonomy" or "person-hood") ; The right to travel ; The death penalty and related problems : cruel and unusual punishment ; Procedural due process in non-criminal cases --^
• Freedom of expression and association. What speech is not protected? ; Distinguishing between content regulation and manner regulation : unconventional forms of communication ; Is some protected speech less equal than other protected speech? ; Prior restraints ; Justice and newsgathering ; Government property and the public forum ; Government support of speech ; The electronic media ; The right not to speak, the right to associate, and the right not to associate ; Wealth and the political process : concerns for equality -- Freedom of religion. Establishment clause ; Free exercise clause and related problems ; Preference among religions ; Conflict between the clauses -- Equal protection. traditional approach ; Race and ethnic ancestry ; Discriminations based on gender ; Special scrutiny for other classifications : doctrine and debates ; Fundamental rights --^
• The concept of state action. Introduction ; "Government function" ; State "involvement" or "encouragement" ; Developments in the last three decades -- Congressional enforcement of civil rights. Historical framework ; Regulation of private persons ; Regulation of state actors -- Limitations on judicial power and review. Advisory opinions and executive revision ; Standing ; Timing of adjudication.

ISBN

• 9780314162632 ( hbk. : alk. paper)
• 0314162631 ( hbk. : alk. paper)

LCCN

^^2006278911

Owning Institutions

Harvard Library