American Constitutional Law, Volume I: The Structure of Government

11th Edition

Ralph A. Rossum, G. Alan Tarr, Vincent Phillip Munoz

Routledge
August 19, 2019 Forthcoming
Textbook - 610 Pages - 4 B/W Illustrations
ISBN 9780367233334 - CAT# K422366

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Table of Contents

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

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