Constitutional law and politics / David M. O'Brien, University of Virginia.
2014
KF4541 .O27 2014 (Map It)
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Details
Author
Title
Constitutional law and politics / David M. O'Brien, University of Virginia.
Published
New York : W.W. Norton & Company, [2014]
Call Number
KF4541 .O27 2014
Edition
Ninth edition.
ISBN
9780393922394 (pbk., v. 1)
0393922391 (pbk., v. 1)
9780393922400 (pbk., v. 2)
0393922405 (pbk., v. 2)
0393922391 (pbk., v. 1)
9780393922400 (pbk., v. 2)
0393922405 (pbk., v. 2)
Description
2 volumes : illustrations ; 24 cm
System Control No.
(OCoLC)864676798
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Cases [Within Brackets] Are Discussed And Extensively Quoted In The Topic Introductions
List Of 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, 1789-2013
36
James Kent's Introductory Law School Lecture In 1794
40
Virginia And Kentucky Resolutions Of 1798
43
Marbury V. Madison
45
Eakin V. Raub
55
President Jackson's Veto Message Of 1832
58
President Roosevelt's Radio Broadcast, March 9, 1937
60
Inside The Court: The 1937 "Constitutional Crisis" And The Court's "Switch-In-Time-That-Saved-Nine"
64
B.
Politics Of Constitutional Interpretation
68
In Comparative Perspective: Written And Unwritten Constitutions: Britain's And Israel's Constitutions
70
1.
Text And Historical Context
78
2.
In And Beyond The Text
89
Constitutional History: What Is The Constitution? Could A Constitutional Amendment Violate The Constitution?
94
Development Of Law: Comparative Constitutional Interpretation
100
ch. 2
Law And Politics In The Supreme Court: Jurisdiction And Decision-Making Process
107
A.
Jurisdiction And Justiciable Controversies
108
Adverseness And Advisory Opinions
109
Standing To Sue
111
[Frothingham V. Mellon]
111
Development Of Law: Other Important Rulings On Standing
116
[Northeastern Florida Chapter Of The Associated General Contractors Of America V. City Of Jacksonville, Florida]
120
[Wyoming V. Oklahoma]
121
Ripeness And Mootness
122
Development Of Law: Class Action Suits
124
Inside The Court: Standing And The Connecticut Birth Control Cases
126
Political Questions
129
[Luther V. Borden]
130
[Colegrove V. Green]
130
[Nixon V. United States]
132
Stare Decisis And Other Policies
133
Formal Rules And Practices
134
Inside The Court: The Supreme Court's Reversal Of Precedent In Historical Perspective
136
Flast V. Cohen
139
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.
146
Lujan V. Defenders Of Wildlife
150
Hein V. Freedom From Religion Foundation, Inc.
154
Arizona Christian School Tuition Organization V. Winn
159
Baker V. Carr
162
Goldwater V. Carter
173
Constitutional History: The Pledge Of Allegiance
176
Elk Grove Unified School District V. Newdow
178
Hollingsworth V. Perry
185
Constitutional History: Rules For Judicial Self-Restraint And Avoiding Constitutional Questions
188
B.
Court's Docket And Screening Cases
190
C.
Rule Of Four And Agenda Setting
191
Constitutional History: Docket And Filings, 1800-2011
192
In Comparative Perspective: The "European Model" Of Constitutional Courts And Judicial Review
194
D.
Summarily Decided Cases
196
E.
Role Of Oral Argument
197
F.
Conference Deliberations
199
Inside The Court: On The Tentativeness Of Votes And The Importance Of Opinion Writing
201
G.
Postconference Writing And Circulation Of Opinions
203
Constitutional History: Opinion Writing, 1937-2012
205
H.
Opinion Days And Communicating Decisions
206
I.
Impact Of Supreme Court Decisions: Compliance And Implementation
207
Constitutional History: The Southern Manifesto: A Declaration Of Constitutional Principles
212
Linkletter V. Walker
222
Whorton V. Bockting
225
Jaffree V. Board Of School Commissioners Of Mobile County
228
Commonwealth Of Kentucky V. Jeffrey Wasson
230
Development Of Law: Other Recent State Supreme Court Decisions Declining To Follow The U.S. Supreme Court's Rulings
235
ch. 3
Presidential Power, The Rule Of Law, And Foreign Affairs
244
A.
Office And Powers: The Two Presidencies
244
Constitutional History: Alexander Hamilton, The Federalist, No. 70
248
B.
As Commander In Chief And In Foreign Affairs
251
United States V. Curtiss-Wright Corporation
253
Dames & Moore V. Regan
256
C.
Treaty-Making Power And Executive Independence
262
Constitutional History: Alternatives To Treaties: The Rise Of Executive Agreements And Arrangements
264
Missouri V. Holland
266
Development Of Law: Senate Rejection Of Proposed Treaties
267
United States V. Pink
269
Constitutional History: The Treaty-Reinterpretation Controversy
271
Goldwater V. Carter (Reprise)
274
Medellin V. Texas
274
D.
War-Making And Emergency Powers
284
[Hamdi V. Rumsfeld]
287
[Hamdan V. Rumsfeld]
288
Constitutional History: Citizens, Noncitizens, "Enemy Combatants," And Civil Rights In Wartime
292
In Comparative Perspective: The House Of Lords Rules Against The Indefinite Detention Of Terrorists
300
Prize Cases
301
Ex Parte Milligan
304
Korematsu V. United States
310
Rasul V. Bush
319
In Comparative Perspective: The Supreme Court Of Canada's Rulings On The Rights Of Detainees
324
Boumediene V. Bush
325
War Powers Resolution
343
Constitutional History: War Powers And "Our Living Constitution"
349
Development Of Law: The Usa Patriot Act Of 2001, Wiretaps, And The Foreign Intelligence Surveillance Court
350
In Comparative Perspective: The Supreme Court Of Israel's Ruling Against The Use Of Torture
355
ch. 4
President As Chief Executive In Domestic Affairs
359
A.
National Security And Inherent And Emergency Powers
360
Development Of Law: The State Secrets Privilege
362
[United States V. The Progressive, Inc.]
364
Inside The Court: The Argument For Inherent And Emergency Presidential Powers In "The Steel Seizure Case"
365
Youngstown Sheet & Tube Co. V. Sawyer
366
New York Times Co. V. United States
381
B.
Appointment And Removal Powers
391
Constitutional History: Supreme Court Nominations Rejected, Postponed, Or Withdrawn Due To Senate Opposition
395
Myers V. United States
396
Humphrey's Executor V. United States
407
Bowsher V. Synar
410
Morrison V. Olson
418
C.
Legislative Powers In The Administrative State
435
[Chevron V. Natural Resources Defense Council]
440
Constitutional History: Presidential Signing Statements And Legislative Powers
442
Schechter Poultry Corporation V. United States
444
Industrial Union Department, Afl-Cio V. American Petroleum Institute
450
Immigration And Naturalization Service V. Chadha
453
Development Of Law: Executive Orders And Presidential Lawmaking
462
Clinton V. City Of New York
464
Development Of Law: Presidential Vetoes, 1789-2012
472
D.
Accountability And Immunities
475
[Cheney V. U.S. District Court For The District Of Columbia]
480
United States V. Nixon
483
Constitutional History: Unraveling The Watergate Affair
484
Articles Of Impeachment Against President Richard M. Nixon Recommended By The House Judiciary Committee
491
Clinton V. Jones
495
House Of Representatives And Senate Votes On Articles Of Impeachment Against President William Jefferson Clinton
500
ch. 5
Congress: Membership, Immunities, And Investigatory Powers
501
A.
Membership And Immunities
502
[U.S. Department Of Commerce V. Montana]
504
Powell V. McCormack
509
U.S. Term Limits, Inc. V. Thornton
514
Hutchinson V. Proxmire
522
B.
Investigatory, Contempt, And Impeachment Powers
524
[Barenblatt V. United States]
527
Gibson V. Florida Legislative Investigation Committee
529
Walter L. Nixon V. United States
535
Constitutional History: Impeachment Trials
538
ch. 6
Congress: Legislative, Taxing, And Spending Powers
540
Constitutional History: Formal Amendments And Methods Of Amending The Constitution
542
Constitutional History: A Twenty-Seventh Amendment After 203 Years
544
A.
Classic View Of Congress's Legislative Powers
546
McCulloch V. Maryland
551
Gibbons V. Ogden
562
B.
From Legal Formalism To The New Deal Crisis
568
[Swift & Company V. United States]
571
[The Shreveport Rate Case]
572
[Carter V. Carter Coal Company]
573
United States V.E.C. Knight Company
574
Hammer V. Dagenhart
579
C.
From The New Deal Crisis To The Administrative State
583
National Labor Relations Board V. Jones & Laughlin Steel Corporation
590
United States V. Darby Lumber Company
597
Wickard V. Filburn
601
Heart Of Atlanta Motel, Inc. V. United States And Katzenbach V. McClung
604
United States V. Lopez
613
Reno V. Condon
625
In Comparative Perspective: The European Court Of Justice And The European Union
626
City Of Boerne V. Flores
629
United States V. Morrison
639
Gonzales V. Raich
652
National Federation Of Independent Business V. Sebelius
660
D.
Taxing And Spending Powers
661
[Pollock V. Farmer's Loan And Trust Co.]
662
Steward Machine Co. V. Davis
665
South Dakota V. Dole
669
National Federation Of Independent Business V. Sebelius
672
ch. 7
States And American Federalism
689
In Comparative Perspective: Federalism, Federations, And Confederations
698
A.
States' Power Over Commerce And Regulation
700
Constitutional History: The Court's Rulings On Federal Preemption Of State Laws In Historical Perspective
704
Cooley V. The Board Of Wardens Of The Port Of Philadelphia
706
Southern Pacific Co. V. Arizona
711
Bibb V. Navajo Freight Lines, Inc.
714
Maine V. Taylor
717
Pennsylvania V. Nelson
719
Development Of Law: Other Rulings On State Regulation Of Commerce In The Absence Of Federal Legislation
722
Development Of Law: Other Rulings On State Regulatory Powers In Alleged Conflict With Federal Legislation
732
B.
Tenth And Eleventh Amendments And The States
743
[National League Of Cities V. Usery]
744
[Gregory V. Ashcroft]
747
Inside The Court: Rethinking Federalism In Garcia V. San Antonio Metropolitan Transit Authority
752
Garcia V. San Antonio Metropolitan Transit Authority
757
New York V. United States
769
Printz V. United States And Mack V. United States
775
Seminole Tribe Of Florida V. Florida
786
Alden V. Maine
796
Nevada Department Of Human Resources V. Hibbs
803
Development Of Law: Other Recent Rulings On The Eleventh Amendment
809
C.
Judicial Federalism
813
Martin V. Hunter's Lessee
819
Cooper V. Aaron
823
Younger V. Harris
827
Stone V. Powell
831
D.
State Courts And State Constitutional Law
835
Michigan V. Long
838
People V. P.J. Video, Inc.
843
Commonwealth Of Kentucky V. Wasson (Reprise)
846
Development Of Law: Other Recent State Supreme Court Decisions Declining To Follow The U.S. Supreme Court's Rulings (Reprise)
847
ch. 8
Representative Government, Voting Rights, And Electoral Politics
848
Constitutional History: Thomas Paine On The Right To Vote And Representative Government
849
A.
Representative Government And The Franchise
851
[Shelby County, Alabama V. Holder]
858
South Carolina V. Katzenbach
860
Development Of Law: Other Rulings Interpreting The Voting Rights Act
865
B.
Voting Rights And The Reapportionment Revolution
872
Development Of Law: Rulings Extending The Principle Of One Person, One Vote To Local Governments
876
Development Of Law: Judicial Standards In Reapportionment Cases
878
Gomillion V. Lightfoot
883
Baker V. Carr (Reprise)
885
Wesberry V. Sanders
885
Reynolds V. Sims
891
Vieth V. Jubelirer
898
Shaw V. Reno
909
Hunt V. Cromartie
914
Development Of Law: Other Post-Shaw V. Reno Rulings On Racial Gerrymandering
920
C.
Campaigns And Elections
926
Bush V. Gore
935
Buckley V. Valeo
946
McConnell V. Federal Election Commission
956
Citizens United V. Federal Election Commission
973
Arizona Free Enterprise Club's Freedom Club Pac V. Bennett
984
Development Of Law: Other Rulings On Campaign Finance
992
Republican Party Of Minnesota V. White
994
Rutan V. Republican Party Of Illinois
998
McIntyre V. Ohio Elections Commission
1005
Development Of Law: Other Rulings On Campaigns And Elections
1010
ch. 9
Economic Rights And American Capitalism
1019
A.
Contract Clause And Vested Interests In Property
1021
Constitutional History: John Locke On The Ends Of Political Society And Government
1022
Fletcher V. Peck
1025
Trustees Of Dartmouth College V. Woodward
1029
Charles River Bridge Co. V. Warren Bridge Co.
1033
Home Building & Loan Association V. Blaisdell
1040
B.
Development And Demise Of A "Liberty Of Contract"
1045
[Allgeyer V. Louisiana]
1050
[Mugler V. Kansas]
1051
[Jacobson V. Massachusetts]
1052
[Adair V. United States]
1054
[Coppage V. Kansas]
1055
Butchers' Benevolent Association V. Crescent City Livestock Landing & Slaughterhouse Co. (The Slaughterhouse Cases)
1059
Munn V. Illinois
1063
Lochner V. New York
1066
Muller V. Oregon
1072
West Coast Hotel Co. V. Parrish
1075
C.
"Takings Clause" And Just Compensation
1078
Inside The Court: Hawaii Housing Authority V. Midkff (1984) And Kelo V. City Of New London, Connecticut (2005)
1080
Hawaii Housing Authority V. Midkiff
1084
Lucas V. South Carolina Coastal Council
1087
Kelo V. City Of New London, Connecticut
1093
Development Of Law: Other Important Rulings On The Takings Clause
1102
Researching Legal Materials
1107
How, Why, And What To Briefing And Citing Court Cases
1109
Members Of The Supreme Court Of The United States
1113
Biographies Of Current Justices
1117
Glossary
1123
General Index
1131
Index Of Cases
1146