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Constitutional Law in Contemporary America

Volume One: Institutions, Politics, and Process

David Schultz, John R. Vile, and Michelle D. Deardorff

Publication Date - January 2010

ISBN: 9780195390094

816 pages
8 x 10 inches

In Stock

Retail Price to Students: $92.95

The most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook


Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features:

* Skillfully edited excerpts of canonical Supreme Court decisions and lower federal and state court decisions
* Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government
* Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies
* Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism)
* Topical overviews for each constitutional subject area

In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes:

* Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law.

* Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.

About the Author(s)

David Schultz is Professor in the School of Business at Hamline University and senior fellow at the Institute for Law and Politics at the University of Minnesota School of Law.

John R. Vile is Professor of Political Science and Dean of the University Honors College at Middle Tennessee State University.

Michelle D. Deardorff is Professor in the Department of Political Science at Jackson State University.

Table of Contents

    Each Chapter begins with an Introduction and ends with a Glossary and Selected Bibliography.

    Timeline: Interpretation and Amendment of the Constitution
    a. The English Background of the U.S. Legal System
    b. The Declaration of Independence
    c. The Articles of Confederation
    d. A New Constitution
    I. The Organization and Operation of the Federal Judicial System
    a. The Appointment, Confirmation, and Tenure of Judges and Justices
    b. The Federalist Explains the Judicial Branch
    c. The Jurisdiction and Power of Federal Courts
    d. Between Judicial Activism and Judicial Restraint: Methods of Constitutional Interpretation
    e. The Development of Judicial Review of National Legislation
    f. Legislative Control of Judicial Jurisdiction
    g. Judicial Review of State Legislation and Actions
    h. Advisory Opinions
    i. Taxpayer Suits
    j. Deference, Justiciability, and Standing
    k. The Political Questions Doctrine
    l. The Extent of Judicial Remedies
    II. A Special Note on Briefing Cases and Preparing for Classes
    Judiciary Act of 1789
    Federalist 78
    Marbury v. Madison (1803)
    Eakin v. Raub (1825)
    Cohens v. Virginia (1821)
    Cooper v. Aaron (1958)
    Muskrat v. United States (1911)
    Frothingham v. Mellon (1923)
    Flast v. Cohen (1968)
    Chevron v. National Resources Defense Council (1984)
    Lujan v. Defenders of Wildlife (1992)
    Luther v. Borden (1849)
    Coleman v. Miller (1939)
    Baker v. Carr (1962)
    Powell v. McCormack (1969)
    Ex Parte McCardle (1869)
    Missouri v. Jenkins (1995)

    Timeline: Federalism
    I. Distribution of Federal Power

    a. The Necessary and Proper Clause
    b. The Scope of the Treaty Power
    c. Federal Supersession
    Selection from Virginia and Kentucky Resolutions (1898)
    McCulloch v. Maryland (1819)
    Andrew Jackson's Veto of the Bank Bill
    Missouri v. Holland (1920)
    Pennsylvania v. Nelson (1956)
    Pacific Gas & Electric v. State Energy Resources (1983)
    II. Federalism
    a. Qualifications Clauses
    b. Eleventh Amendment
    c. Judicial Intervention
    d. Sexual Preferences as an Issue of Federalism
    e. Racial Discrimination and Federalism
    National League of Cities v. Usery (1976)
    Garcia v. San Antonio Metropolitan Transit Authority (1985)
    U.S. Term Limits v. Thornton (1995)
    Seminole Tribe of Florida v. Florida (1996)
    Board of Trustees of University of Alabama v. Garrett (2001)
    Kimel v. Florida Board of Regents (2000)
    Tennessee v. Lane (2004)
    Michigan v. Long (1983)
    Texas Railroad Commission v. Pullman (1941)
    City of Boerne v. Flores (1997)
    Bowers v. Hardwick (1986)
    Powell v. Georgia (1998)
    Lawrence v. Texas (2003)
    Goodridge v. Commonwealth of Massachusetts (2003)
    Defense of Marriage Act (1996)

    Timeline: Legislative Powers
    I. Increased Powers Under the Current Constitution

    a. Federal Commerce Powers
    b. The Development of Two Rival Lines of Precedent
    c. The New Deal
    II. Modern Applications of the Commerce Clause
    a, Taxation and Spending Powers b. Other Congressional Powers Gibbons v. Ogden (1824)
    Champion v. Ames (1903)
    Hammer v. Dagenhart (1918)
    United States v. Schechter Poultry Corporation (1935)
    NLRB v. Jones & Laughlin Steel Corporation (1937)
    United States v. Darby (1937)
    Wickard v. Filburn (1942)
    Heart of Atlanta v. United States (1964)
    New York v. United States (1992)
    United States v. Lopez (1995)
    United States v. Morrison (2000)
    Granholm v. Heald (2005)
    Gonzales v. Raich (2005)
    Bailey v. Drexel Furniture (1922)
    United States v .Butler (1936)
    Steward Machine v. Davis (1937)
    South Dakota v. Dole (1987)

    Timeline: Congress and the President
    I. Separation of Powers
    a. Delegation of Legislative Power
    Schechter Poultry v. United States (1935)
    Immigration and Naturalization Services v. Chadha (1983)
    Mistretta v. United States (1989)
    II. Appointment and Removal Powers
    Bowsher v. Synar (1986)
    Morrison v. Olson (1988)
    III. Presidential Signing Statements
    IV. Congressional Investigatory Power

    McGrain v. Daugherty (1927)
    Watkins v. United States (1957)
    Barenblatt v. United States (1959)
    Gravel v. United States (1972)
    V. Executive Privilege
    United States v. Nixon (1974)
    Clinton v. Jones (1997)
    In re Grand Jury Subpoena Duces Tecum (1997)
    VI. Veto Power
    Clinton v. City of New York (1998)
    VII. Budgetary and Spending Authority
    VIII. Presidential Pardoning Power

    Ex parte Garland (1866)
    Murphy v. Ford (1975)

    Timeline: Property Rights and Substantive Due Process
    I. Ex Post Facto Laws

    a. The Clause Protecting the Obligation of Contract
    Calder v. Bull (1798)
    Dartmouth College v. Woodward (1819)
    Charles River Bridge Company v. Warren Bridge Company (1837)
    Home Building & Loan Association v. Blaisdell (1934)
    U.S. Trust Company v. New Jersey (1977)
    Allied v. Spannaus (1978)
    II. The Rise of Substantive Due Process
    a. The New Deal and the End of Lochner Era
    Corfield v. Coryell (1823)
    Slaughterhouse Cases (1973)
    Munn v. Illinois (1877)
    Mugler v. Kansas (1887)
    Allgeyer v. State of Louisiana (1897)
    Lochner v. New York (1905)
    Brandeis Brief
    Muller v. Oregon (1908)
    Adkins v. Children Hospital (1923)
    Nebbia v. New York (1934)
    West Coast Hotel Company v. Parrish (1937)
    United States v. Carolene Products (1938)
    Ferguson v. Skrupa (1963)
    Lingle v. Chevron U.S.A. Inc., (2005)
    BMW of North America, Inc. v. Gore (1996)

    Timeline: Property Rights and Eminent Domain
    I. Just Compensation

    Barron v. Baltimore (1833)
    Chicago, B. & Q. R. Company v. City of Chicago (1897)
    II. What Constitutes a Taking?
    Pennsylvania v. Mahon (1922)
    Euclid v. Ambler Realty Company (1926)
    Penn Central v. New York (1978)
    Loretto v. Teleprompter Manhattan CATV Corporation (1982)
    First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987)
    Nollan v. California Coastal Commission (1987)
    Lucas v. South Carolina Coastal Council (1992)
    Dolan v. City of Tigard (1994)
    III. What is a Valid Public Use?
    Berman v. Parker (1954)
    Hawaii Housing Authority v. Midkiff (1984)
    County of Wayne v. Hathcock (2004)
    Kelo v. City of New London (2005)

    Timeline: The States and Commerce Power
    I. Drawing the Lines between State and Federal Commerce Power

    Mayor, Aldermen, and Commonalty of City of New York v. Miln (1837)
    Brown v. Maryland (1827)
    Cooley v. Board of Wardens (1851)
    Coe v. Errol (1886)
    South Carolina State Highway Department v. Barnwell Brothers, Inc. (1938)
    Southern Pacific v. Arizona (1945)
    Dean Milk Company v. City of Madison (1951)
    Hood v. Dumond (1948)
    Edwards v. California (1941)
    Philadelphia v. New Jersey (1978)
    Reeves v. Stake (1980)
    Baldwin v. Fish & Game Commission of Montana (1978)
    California v. Cabazon Band of Mission Indians (1987)
    Granholm v. Heald (2005)
    Pennsylvania v. Nelson (1956)
    II. State Taxation
    Henneford v. Silas Mason Company., Inc. (1937)
    Complete Auto Transit v. Brady (1977)
    Quill v. North Dakota (1993)

    Timeline: Foreign Affairs and the Constitution
    I. Indian Affairs

    Cherokee Nation v. Georgia (1831)
    Worcester v. Georgia (1832)
    II. Presidential Power
    a. The Legal Effect of Executive Agreements
    The Prize Cases (1863)
    Ex Parte Milligan (1866)
    United States v. Curtiss-Wright Export Corporation (1936)
    Selective Draft Law Cases (Arver v. United States) (1918)
    Youngstown Sheet and Tube v. Sawyer (1952)
    Perpich v. Department of Defense (1990)
    Missouri v. Holland (1920)
    Medellín v. Texas (2008)
    United States v. Belmont (1937)
    III. The Scope of the Treaty Power
    Missouri v. Holland (1920)
    Goldwater v. Carter (1969)
    IV. The President as Commander in Chief
    The Prize Cases (1863)
    Korematsu v. United States (1944)
    Ex parte Endo (1944)
    Dames & Moore v. Regan (1981)
    Gulf of Tonkin Resolution
    Mitchell v. United States (1967)
    Mora v. McNamara (1967)
    V. Presidential Power in a Post 9/11 World
    Authorization to Use Military Force
    Hamdi v. Rumsfeld (2004)
    Hamdan v. Rumsfeld (2005)
    Boumediene v. Bush (2008)

    Timeline: Citizens and the American Election Process
    I. The Right to Vote

    Minor v. Happersett (1875)
    United States v. Classic (1941)
    Smith v. Allwright (1944)
    Harper v. Virginia Board of Elections (1966)
    Skafte v. Rorex (1976)
    Lassiter v. Northampton County Board of Elections (1959)
    Richardson v. Ramirez (1974)
    Oregon v. Mitchell (1970)
    Burdick v. Takushi (1992)
    Crawford v. Marion County Election Board (2008)
    II. Reapportionment and Redistricting
    Colegrove v. Green (1946)
    Gomillion v. Lightfoot (1960)
    Baker v. Carr (1962)
    Reynolds v. Sims (1964)
    Shaw v. Reno (1993)
    League of United Latin American Citizens v. Perry (2006)
    III. Political Parties and Ballot Access
    Smith v. Allwright (1944)
    California Democratic Party v. Jones (2000)
    Washington State Grange v. Washington State Republican Party (2008)
    Bullock v. Carter (1972)
    Anderson v. Celebrezze (1983)
    Munro v. Socialist Workers Party (1986)
    IV. Campaign Finance and Regulation
    Buckley v. Valeo (1976)
    Nixon v. Shrink Missouri Government PAC (2000)
    McIntyre v. Ohio (1995)
    McConnell v. FEC (2003)
    Randall v. Sorrell (2006)
    V. Political Patronage and Election Day Regulations
    Rutan v. Republican Party of Illinois (1990)
    Burson v. Freeman (1992)
    Bush v. Gore (2000) Appendices Glossary Case Index General Index