This book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals.
Author(s): Louis Fisher, Katy J. Harriger
Edition: 12
Publisher: Carolina Academic Press
Year: 2019
Language: English
Pages: 2387
City: Durham, North Carolina
ABOUT THE AUTHORS
ACKNOWLEDGMENTS
INTRODUCTION
1 Constitutional Politics
A. Litigation as a Political Process
B. Lobbying the Courts
C. The Executive in Court
D. Congressional Duties
E. Judge as Lawmaker
F. Judge as Administrator
G. Independent State Action
H. Who Has the “Last Word”?
Notes and Questions
Selected Readings
2 The Doctrine of Judicial Review
A. Sources of Judicial Review Authority
B. The Framers' Intent
C. The Road to Marbury
D. Constraints on Judicial Review
E. Methods of Constitutional Interpretation
Notes and Questions
Selected Readings
3 Threshold Requirements: Husbanding Power and Prestige
A. Cases and Controversies
B. Standing to Sue
C. Mootness
D. Ripeness
E. Political Questions
F. Equitable Discretion
Notes and Questions
Selected Readings
4 Judicial Organization
A. Federal Court System
B. Legislative and Specialized Courts
C. The Appointment Process
D. Tenure, Removal, and Compensation
E. Judicial Lobbying
Notes and Questions
Selected Readings
5 Decision Making: Process and Strategy
A. Jurisdiction: Original and Appellate
B. The Writ of Certiorari
C. From Oral Argument to Decision
D. Unanimity and Dissent
E. Caseload Burdens
Notes and Questions
Selected Readings
6 Separation of Powers: Domestic Conflicts
A. The Separation Doctrine
B. Presidential Power
C. Creating the Executive Departments
D. Appointments and Removals
E. Delegation of Legislative Power
F. Congressional Oversight
G. Investigations and Executive Privilege
H. Congressional Membership and Prerogatives
I. Immigration Policy
Executive Branch Statements Regarding DACA
Conclusions
Notes and Questions
Selected Readings
7 Separation of Powers: Emergencies and Foreign Affairs
A. External and Internal Affairs
B. An Executive Prerogative?
C. Treaties and Executive Agreements
D. The War Power
E. Rights of Citizenship
Conclusions
Notes and Questions
Selected Readings
8 Federal-State Relations
A. The Principle of Federalism
B. The Commerce Clause
C. Nationalization of the Economy
D. The New Deal Watershed
E. From National League to Garcia
F. State Powers Revived
G. The Spending and Taxing Powers
H. Preemption and Abstention
I. Nationalization of the Bill of Rights
Conclusions
Notes and Questions
Selected Readings
9 Political Participation
A. Presidential Elections
B. Voting Rights
C. Reapportionment
D. Campaign Financing
E. Lobbying
Conclusions
Notes and Questions
Selected Readings
10 ECONOMIC LIBERTIES
A. The Meaning of Property
B. The Contract Clause
C. The Takings Clause
D. The Police Power
E. Substantive Due Process
F. Continuing Issues
Conclusions
Notes and Questions
Selected Readings
11 FREE SPEECH IN A DEMOCRATIC SOCIETY
A. Free Speech and National Security
B. Associational Rights
C. The Regulation of Speech
D. Forms of Speech
E. Commercial Speech
F. Campaign Finance
G. Broadcasting Rights
Conclusions
Notes and Questions
Selected Readings
12 FREEDOM OF THE PRESS
A. The Evolution of Press Freedoms
B. Regulating the Press
C. Free Press vs. Fair Trial
D. Libel Law
E. Obscenity
Conclusions
Notes and Questions
Selected Readings
13 RELIGIOUS FREEDOM
A. The Virginia Statute
B. Free Exercise Clause
C. Establishment Clause
D. Financial Assistance to Sectarian Schools
E. Religious Instruction and Prayers
F. Nine Justices in Search of a Model
Notes and Questions
Selected Readings
14 DUE PROCESS OF LAW
A. The Concept of Due Process
B. Due Process for Juveniles
C. Grand Juries and Jury Trials
D. Fundamentals of a Fair Trial
E. Self-Incrimination
F. Assistance of Counsel
G. The Eighth Amendment
H. Prisoners' Rights
I. The Right to Bear Arms
Notes and Questions
Selected Readings
15 SEARCH AND SEIZURE
A. Expectations of Privacy
B. Arrest and Search Warrants
C. Exceptions to the Warrant Requirement
D. Electronic Eavesdropping
E. The Exclusionary Rule
Conclusions
Notes and Questions
Selected Readings
16 RACIAL DISCRIMINATION
A. Slavery
B. Civil War Amendments
C. School Desegregation
D. Desegregating Other Activities
E. Employment and Affirmative Action
Conclusions
Notes and Questions
Selected Readings
17 THE EXPANSION OF EQUAL PROTECTION
A. The Struggle for Women's Rights
B. Protecting Against Gender Discrimination
C. Rights of Aliens
D. Rights of the Poor
E. Equal Protection for Gays and Lesbians
Conclusions
Notes and Questions
Selected Readings
18 RIGHTS OF PRIVACY
A. Dimension of Privacy
B. Use of Contraceptives
C. Reproductive Freedom
D. The Right to Die
E. Homosexuality and Privacy Rights
F. Defining the Limits of Privacy
Conclusions
Notes and Questions
Selected Readings
19 Efforts to Curb the Court
A. Constitutional Amendments
B. Statutory Reversals
C. Court Packing
D. Withdrawing Jurisdiction
E. The Claim of Judicial Finality
F. Constitutional Dialogues
G. Correcting Judicial Errors
Conclusions
Notes and Questions
Selected Readings
APPENDICES
Appendix 1 The Constitution of the United States
Appendix 2 Justices of the Supreme Court (1789–2016)
Appendix 3 Glossary of Legal Terms
Appendix 4 How to Research the Law
TABLE OF CASES
INDEX
