American Constitutional Law, Volume I : The Structure of Government (Paperback, 11 ed)

PREFACE NOTE TO THE READER 1 INTERPRETATION OF THE CONSTITUTION Approaches to Constitutional Interpretation The Approaches in Perspective The Ends of the Constitution Constitutional Means to Constitutional Ends Notes Selected Readings 2 CONSTITUTIONAL ADJUDICATION The Justices of the Supreme Court The Supreme Court in the Federal Judicial System How Cases Get to the Supreme Court How the Supreme Court Decides Cases The Impact of Supreme Court Decisions Analyzing Supreme Court Decisions Notes Selected Readings 3 THE JUDICIAL POWER The Power of Judicial Review Externally Imposed Restraints on Judicial Review Court-Imposed Restraints on Judicial Review The Expanding Role of the Courts The Courts, Judicial Review, and the Problem of Legitimacy Notes Selected Reading CASES Marbury v. Madison (1803) Eakin v. Raub (1825) Cooper v. Aaron (1958) Plaut v. Spendthrift Farm, Inc. (1995) Ex parte McCardle (1869) Lujan v. Defenders of Wildlife (1992) Hein v. Freedom from Religion Foundation (2007) Luther v. Borden (1849) Baker v. Carr (1962) Nixon v. United States (1993) DeShaney v. Winnebago County Department of Social Services (1989) 4 THE LEGISLATIVE BRANCH The Scope of Congressional Power Powers That Facilitate Legislative Activity Nonlegislative Powers Safeguarding Legislative Power Conclusions Notes Selected Reading CASES McCulloch v. Maryland (1819) Powell v. McCormack (1969) U.S. Term Limits, Inc. v. Thornton (1995) Gravel v. United States (1972) McGrain v. Daugherty (1927) Watkins v. United States (1957) Schechter Poultry Corporation v. United States (1935) Mistretta v. United States (1989) Immigration and Naturalization Service v. Chadha (1983) 5 THE EXECUTIVE BRANCH The Aims of the Framers Grants of Power and Their Use Implied Powers Prerogative Powers Notes Selected Reading CASES National Labor Relations Board v. Noel Canning ( 2014) Myers v. United States (1926) Morrison v. Olson (1988) United States v. Nixon (1974) Clinton v. Jones (1997) In re Neagle (1890) Youngstown Sheet & Tube Company v. Sawyer (1952) 6 WAR AND FOREIGN AFFAIRS The Interbranch Distribution of Power The Foundation and Extent of the Foreign Affairs Power War and Individual Rights Notes Selected Reading CASES The Prize Cases (1863) The War Powers Resolution (1973) Authorization for the Use of Force (2001) United States v. Curtiss-Wright Export Corporation (1936) Missouri v. Holland (1920) Medellin v. Texas (2008) Zivotofsky v. Kerry (2014) Ex parte Milligan (1866) Korematsu v. United States (1944) Trump v. Hawaii (2018) Ex parte Quirin (1942) Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001) Hamdi v. Rumsfeld (2004) Boumediene v. Bush (2008) 7 FEDERALISM Federalism and the Founding Federalism and the First Congress Federalism and the Marshall Court Federalism and Its Protection by Subsequent Courts The Post?Civil War Amendments and the Shifting of the Federal Balance Notes Selected Reading CASES The Judiciary Act of 1789 Cohens v. Virginia (1821) Coyle v. Smith (1911) Baldwin v. Montana Fish and Game Commission (1978) Dred Scott v. Sandford (1857) Printz v. United States (1997) Murphy v. National Intercollegiate Athletic Association (2018) Alden v. Maine (1999) The Civil Rights Cases (1883) Jones v. Alfred H. Mayer Company (1968) 8 THE EXERCISE OF NATIONAL POWER The Commerce Power The Taxing Power The Spending Power Limitations on National Power Notes Selected Reading CASES Gibbons v. Ogden (1824) United States v. E. C. Knight Company (1895) Hammer v. Dagenhart (1918) National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) Wickard v. Filburn (1942) Heart of Atlanta Motel v. United States (1964) Garcia v. San Antonio Metropolitan Transit Authority (1985) United States v. Lopez (1995) Gonzales v. Raich (2005) United States v. Butler (1936) United States v. Kahriger (1953) South Dakota v. Dole (1987) 9 THE EXERCISE OF STATE POWER Constitutional Principles Preemption Negative Implications of the Commerce Clause State Regulation and the Modern Court The Role of the Court Notes Selected Reading CASES Arizona v. United States (2012) Cooley v. Board of Wardens (1852) Southern Pacific Company v. Arizona (1945) Granholm v. Heald (2005) Comptroller of the Treasury of Maryland v. Wynne (2015) 10 THE CONSTITUTION OF NATIVE AMERICAN TRIBES Native American Tribes and the New Republic Tribal Sovereignty and the Marshall Trilogy Tribal Self-Determination Tribal Authority over Disposition of Lands Tribal Authority to Institute a Government Tribal Authority to Enter into Treaties Tribes and Their Relation to the States Tribal Authority to Administer Justice Tribal Authority to Engage in “Indian Gaming” The Continued Viability of the Canons of Construction of Federal Indian Law Notes Selected Reading CASES Johnson v. McIntosh (1823) Cherokee Nation v. Georgia (1831) Worcester v. Georgia (1832) United States v. Kagama (1886) Lone Wolf v. Hitchcock (1903) Public Law 280 (1953) United States v. Lara (2004) California v. Cabazon Band of Mission Indians (1987) Adoptive Couple v. Baby Girl (2013) 11 THE CONTRACT CLAUSE Marshall’s Expansion of the Contract Clause The Decline of the Contract Clause A Continued Relevance? Notes Selected Reading CASES Fletcher v. Peck (1810) Dartmouth College v. Woodward (1819) Charles River Bridge Company v. Warren Bridge Company (1837) Home Building and Loan Association v. Blaisdell (1934) United States Trust Company v. New Jersey (1977) Sveen v. Melin (2018) 12 ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE The Fourteenth Amendment The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause Economic Regulation and the Rise of Substantive Due Process The Demise of Substantive Due Process in the Economic Realm Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm? The Emergence of Substantive Due Process in the Civil Liberties Realm The Takings Clause Notes Selected Reading CASES The Slaughter-House Cases (1873) Munn v. Illinois (1877) Lochner v. New York (1905) West Coast Hotel Company v. Parrish (1937) Williamson v. Lee Optical Company (1955) State Farm Mutual Automobile Insurance Company v. Campbell (2003) United States v. Carolene Products Company (1938) Kelo v. City of New London (2005) Nollan v. California Coastal Commission (1987) Lucas v. South Carolina Coastal Council (1992) Koontz v. St. Johns River Water Management District (2013) THE CONSTITUTION OF THE UNITED STATES OF AMERICA JUSTICES OF THE SUPREME COURT GLOSSARY OF COMMON LEGAL TERMS TABLE OF CASES