Constitutional law and politics / David M. O'Brien, University of Virginia.
2017
KF4541 .O27 2017 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Constitutional law and politics / David M. O'Brien, University of Virginia.
Published
New York : W.W. Norton & Company, [2017]
Call Number
KF4541 .O27 2017
Edition
Tenth edition.
ISBN
9780393603316 (pbk., v. 1)
0393603318 (pbk., v. 1)
9780393603521 (pbk., v. 2)
0393603520 (pbk., v. 2)
0393603318 (pbk., v. 1)
9780393603521 (pbk., v. 2)
0393603520 (pbk., v. 2)
Description
2 volumes ; 24 cm
System Control No.
(OCoLC)967337352
Bibliography, etc. Note
Includes bibliographical references and index.
Includes
Struggles for power and governmental accountability.
Civil rights and civil liberties.
Civil rights and civil liberties.
Record Appears in
Table of Contents
Cases [Within Brackets] Are Discussed And Extensively Quoted In The Topic Introductions
List Of Photos And Illustrations
xvii
Preface
xix
Acknowledgments
xxiii
United States Constitution And Amendments
1
ch. 1
Supreme Court, Judicial Review, and Constitutional Politics
23
A.
Establishing And Contesting The Power Of Judicial Review
27
How To Locate Decisions Of The Supreme Court
28
[Calder v. Bull]
29
Constitutional History: Decisions Of The Supreme Court Overruled And Acts Of Congress Held Unconstitutional, And State Laws And Municipal Ordinances Overturned, 1789-2016
36
James Kent's Introductory Law School Lecture In 1794
40
Virginia And Kentucky Resolutions Of 1798
42
Marbury v. Madison
45
Eakin v. Raub
54
President Roosevelt's Radio Broadcast, March 9, 1937
57
Inside The Court: The 1937 "Constitutional Crisis" And The Court's "Switch-In-Time-That-Saved-Nine"
62
B.
Politics Of Constitutional Interpretation
64
Text And Historical Context
71
In Comparative Perspective: Written And Unwritten Constitutions: Britain's And Israel's Constitutions
74
In And Beyond The Text
85
Constitutional History: What Is The Constitution? Could A Constitutional Amendment Violate The Constitution?
93
ch. 2
Law And Politics In The Supreme Court: Jurisdiction And Decision-Making Process
102
A.
Jurisdiction And Justiciable Controversies
103
Adverseness And Advisory Opinions
104
Standing To Sue
106
[Frothingham v. Mellon]
106
Development Of Law: Other Important Rulings On Standing
113
Ripeness And Mootness
118
Development Of Law: Class Action Suits
120
Inside The Court: Standing And The Connecticut Birth Control Cases
122
Political Questions
125
[Luther v. Borden]
125
[Colegrove v. Green]
126
[Nixon v. United States]
127
Stare Decisis And Other Policies
128
Formal Rules And Practices
130
Constitutional History: The Supreme Court's Reversal Of Precedent
133
Flast v. Cohen
135
Valley Forge Christian College v. Americans United For Separation Of Church And State, Inc.
141
Lujan v. Defenders Of Wildlife
145
Hein v. Freedom From Religion Foundation, Inc.
149
Arizona Christian School Tuition Organization v. Winn
154
Baker v. Carr
157
Goldwater v. Carter
168
Elk Grove Unified School District v. Newdow
171
Hollingsworth v. Perry
176
Constitutional History: Rules For Judicial Self-Restraint And Avoiding Constitutional Questions
180
B.
Court's Docket And Screening Cases
181
C.
Rule Of Four And Agenda Setting
182
Constitutional History: Docket And Filings, 1800-2011
183
Inside The Court: The Rules Of The Supreme Court Governing Review Of Certiorari Petitions
184
In Comparative Perspective: The "European Model" Of Constitutional Courts And Judicial Review
186
D.
Summarily Decided Cases
189
E.
Role Of Oral Argument
190
F.
Conference Deliberations
192
Inside The Court: On The Tentativeness Of Votes And The Importance Of Opinion Writing
194
G.
Postconference Writing And Circulation Of Opinions
196
Constitutional History: Opinion Writing, 1937-2015
198
H.
Opinion Days And Communicating Decisions
199
I.
Impact Of Supreme Court Decisions: Compliance And Implementation
200
Linkletter v. Walker
213
Whorton v. Bockting
216
Jaffree v. Board Of School Commissioners Of Mobile County
218
Commonwealth Of Kentucky v. Jeffrey Wasson
220
Development Of Law: Oklahoma Supreme Court Rules Ten Commandments On State Capitol Grounds Unconstitutional
225
ch. 3
Presidential Power, The Rule Of Law, And Foreign Affairs
227
A.
Office And Powers: The Two Presidencies
227
Constitutional History: Alexander Hamilton, The Federalist, No. 70
230
B.
As Commander In Chief And In Foreign Affairs
234
United States v. Curtiss-Wright Corporation
236
Zivotofsky v. Kerry
239
C.
Treaty-Making Power And Executive Independence
249
Constitutional History: Alternatives To Treaties: The Rise Of Executive Agreements And Arrangements
252
Missouri v. Holland
254
Development Of Law: Senate Rejection Of Proposed Treaties
255
United States v. Pink
257
Constitutional History: The Treaty-Reinterpretation Controversy
259
Goldwater v. Carter (Reprise)
262
Medellin v. Texas
262
D.
War-Making And Emergency Powers
272
[Hamdi v. Rumsfeld]
275
[Hamdan v. Rumsfeld]
276
Constitutional History: Citizens, Noncitizens, "Enemy Combatants," And Civil Rights In Wartime
280
Prize Cases
288
Ex Parte Milligan
291
Korematsu v. United States
297
Rasul v. Bush
305
Boumediene v. Bush
310
Constitutional History: War Powers And "Our Living Constitution"
328
Development Of Law: The USA Patriot Act, Wiretaps, And The Foreign Intelligence Surveillance Court
329
In Comparative Perspective: The Supreme Court Of Israel's Ruling Against The Use Of Torture
335
ch. 4
President As Chief Executive In Domestic Affairs
339
A.
National Security And Inherent And Emergency Powers
340
Development Of Law: The State Secrets Privilege
342
Youngstown Sheet & Tube Co. v. Sawyer
345
New York Times Co. v. United States
359
B.
Appointment And Removal Powers
368
Constitutional History: Supreme Court Nominations Rejected, Postponed, Or Withdrawn Due To Senate Opposition
372
Myers v. United States
373
Humphrey's Executor v. United States
384
Bowsher v. Synar
387
Morrison v. Olson
395
C.
Legislative Powers In The Administrative State
412
[Chevron v. Natural Resources Defense Council]
416
[King v. Burwell]
418
Constitutional History: Presidential Signing Statements And Legislative Powers
420
Schechter Poultry Corporation v. United States
423
Industrial Union Department, AFL-CIO v. American Petroleum Institute
429
Immigration And Naturalization Service v. Chadha
432
Development Of Law: Executive Orders And Presidential Lawmaking
440
Clinton v. City Of New York
442
Development Of Law: Presidential Vetoes, 1789-2016
452
D.
Accountability And Immunities
454
United States v. Nixon
461
Constitutional History: Unraveling The Watergate Affair
462
Clinton v. Jones
470
ch. 5
Congress: Membership, Immunities, And Investigatory Powers
475
A.
Membership And Immunities
476
Powell v. Mccormack
483
U.S. Term Limits, Inc. v. Thornton
488
Hutchinson v. Proxmire
495
B.
Investigatory, Contempt, And Impeachment Powers
498
[Barenblatt v. United States]
500
Gibson v. Florida Legislative Investigation Committee
503
Walter L. Nixon v. United States
507
Constitutional History: Impeachment Trials
510
ch. 6
Congress: Legislative, Taxing, And Spending Powers
512
A.
Classic View Of Congress's Legislative Powers
515
McCulloch v. Maryland
520
Gibbons v. Ogden
531
B.
From Legal Formalism To The New Deal Crisis
537
[Swift & Company v. United States]
540
[The Shreveport Rate Case]
540
[Carter v. Carter Coal Company]
541
United States v. E. C. Knight Company
543
Hammer v. Dagenhart
548
C.
From The New Deal Crisis To The Administrative State
553
National Labor Relations Board v. Jones & Laughlin Steel Corporation
559
United States v. Darby Lumber Company
566
Wickard v. Filburn
570
Heart Of Atlanta Motel, Inc. v. United States And Katzenbach v. McClung
574
United States v. Lopez
582
Reno v. Condon
594
City Of Boerne v. Flores
596
In Comparative Perspective: The European Court Of Justice And The European Union
606
United States v. Morrison
608
Gonzales v. Raich
620
National Federation Of Independent Business v. Sebelius
627
D.
Taxing And Spending Powers
628
[Pollock v. Farmer's Loan And Trust Co.]
628
Steward Machine Co. v. Davis
632
South Dakota v. Dole
636
National Federation Of Independent Business v. Sebelius
639
ch. 7
States And American Federalism
656
In Comparative Perspective: Federalism, Federations, And Confederations
665
A.
States' Power Over Commerce And Regulation
667
Constitutional History: The Court's Rulings On Federal Preemption Of State Laws In Historical Perspective
672
Cooley v. The Board Of Wardens Of The Port Of Philadelphia
673
Southern Pacific Co. v. Arizona
678
Maine v. Taylor
680
Pennsylvania v. Nelson
682
B.
Tenth And Eleventh Amendments And The States
685
[National League Of Cities v. Usery]
687
[Gregory v. Ashcroft]
689
Inside The Court: Rethinking Federalism In Garcia v. San Antonio Metropolitan Transit Authority
694
Garcia v. San Antonio Metropolitan Transit Authority
698
New York v. United States
711
Printz v. United States And Mack v. United States
716
Seminole Tribe Of Florida v. Florida
726
Alden v. Maine
736
Nevada Department Of Human Resources v. Hibbs
743
Development Of Law: Other Recent Rulings On The Eleventh Amendment
749
C.
Judicial Federalism
752
Martin v. Hunter's Lessee
757
Cooper v. Aaron
761
Younger v. Harris
765
Stone v. Powell
769
D.
State Courts And State Constitutional Law
772
Michigan v. Long
776
People v. P. J. Video, Inc.
780
Commonwealth Of Kentucky v. Wasson (Reprise)
783
ch. 8
Representative Government, Voting Rights, And Electoral Politics
784
A.
Representative Government And The Franchise
786
[Shelby County, Alabama v. Holder]
793
South Carolina v. Katzenbach
795
Development Of Law: Other Rulings Interpreting The Voting Rights Act
800
B.
Voting Rights And The Reapportionment Revolution
806
Development Of Law: Rulings Extending The Principle Of One Person, One Vote To Local Governments
810
Development Of Law: Judicial Standards In Reapportionment Cases
812
Gomillion v. Lightfoot
819
Baker v. Carr (Reprise)
821
Wesberry v. Sanders
821
Reynolds v. Sims
827
Arizona State Legislature v. Arizona Independent Redistricting Commission
834
Shaw v. Reno
843
Hunt v. Cromartie
848
Development Of Law: Other Post-shaw v. Reno Rulings On Racial Gerrymandering
855
C.
Campaigns And Elections
860
Bush v. Gore
870
Buckley v. Valeo
881
Mcconnell v. Federal Election Commission
891
Citizens United v. Federal Election Commission
907
Arizona Free Enterprise Club's Freedom Club Pac v. Bennett
918
Development Of Law: Other Rulings On Campaign Finance
926
Republican Party Of Minnesota v. White
928
Rutan v. Republican Party Of Illinois
932
Mcintyre v. Ohio Elections Commission
939
Development Of Law: Other Rulings On Campaigns And Elections
944
ch. 9
Economic Rights And American Capitalism
953
A.
Contract Clause And Vested Interests In Property
955
Fletcher v. Peck
958
Trustees Of Dartmouth College v. Woodward
961
Charles River Bridge Co. v. Warren Bridge Co.
965
Home Building & Loan Association v. Blaisdell
972
B.
Development And Demise Of A "Liberty Of Contract"
977
[Allgeyer v. Louisiana]
982
Butchers' Benevolent Association v. Crescent City Livestock Landing & Slaughterhouse Co. (The Slaughterhouse Cases)
991
Munn v. Illinois
995
Lochner v. New York
998
Muller v. Oregon
1004
West Coast Hotel Co. v. Parrish
1007
C.
"Takings Clause" And Just Compensation
1010
[Horne v. Department Of Agriculture]
1013
Hawaii Housing Authority v. Midkff
1014
Inside The Court: Hawaii Housing Authority v. Midkiff (1984) And Kelo v. City Of New London, Connecticut (2005)
1016
Lucas v. South Carolina Coastal Council
1019
Kelo v. City Of New London, Connecticut
1025
Researching Legal Materials
1035
How, Why, And What To Briefing And Citing Court Cases
1037
Members Of The Supreme Court Of The United States
1041
Biographies Of Current Justices
1045
Glossary
1051
General Index
1059
Index Of Cases
1061