Constitutional law and politics / David M. O'Brien, late of University of Virginia; Gordon Silverstein, Yale University.

Format:

Book

Author/Creator:

O'Brien, David M., author.

Silverstein, Gordon, author.

Language:

English

Subjects (All):

Constitutional history--United States.

Constitutional history.

United States.

Constitutional law--United States.

Constitutional law.

Political questions and judicial power--United States.

Political questions and judicial power.

Civil rights--United States.

Civil rights.

United States. Supreme Court.

Genre:

Casebooks (Law)

Physical Description:

2 volumes ; 24 cm

Edition:

Eleventh edition.

Place of Publication:

New York, N.Y. : W. W. Norton & Company, [2020]

Summary:

"A topical, comprehensive look at the Supreme Court cases that have shaped our nation. By selecting and organizing the most important cases of our nation's history, David M. O'Brien and new coauthor Gordon Silverstein have managed to make a daunting course manageable for both students and teachers. The inclusion of insightful headnotes and informative special features allows students to place individual cases, and the Court itself, in their larger context"-- Provided by publisher.

Contents:

Machine generated contents note: ch. 1 The Supreme Court, Judicial Review, and Constitutional Politics

A. Establishing and Contesting the Power of Judicial Review

How to locate decisions of the supreme court

[Calder v. Bull]

Constitutional history: Decisions of the Supreme Court Overruled and Acts of Congress Held Unconstitutional, and State Laws and Municipal Ordinances Overturned, 1789-2018

James Kent's Introductory Law School Lecture in 1794

The Virginia and Kentucky Resolutions of 1798

Marbury v. Madison

Eakin v. Raub

President Roosevelt's Radio Broadcast, March 9, 1937

Inside the court: The 1937 "Constitutional Crisis" and the Court's "Switch-in-Time-That-Saved-Nine"

B. The Politics of Constitutional Interpretation

1. The Text and Historical Context

In comparative perspective: Written and Unwritten Constitutions: The United Kingdom's and Israel's Constitutions

In comparative perspective: China's Written Constitution without Constitutionalism?

2. In and Beyond the Text

Constitutional history: What Is the Constitution? Could a Constitutional Amendment Violate the Constitution?

ch. 2 Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process

A. Jurisdiction and Justiciable Controversies

Adverseness and Advisory Opinions

Standing to Sue

[Frothingham v. Mellon]

The development of law: Other Important Rulings on Standing

Ripeness and Mootness

The development of law: Class Action Suits

Inside the court: Standing and the Connecticut Birth Control Cases

Political Questions

[Luther v. Borden]

[Colegrove v. Green]

[Nixon v. United States]

Stare Decisis and Other Policies

Formal Rules and Practices

Constitutional history: The Supreme Court's Reversal of Precedent

Flast v. Cohen

Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.

Lujan v. Defenders of Wildlife

Hein v. Freedom from Religion Foundation, Inc.

Arizona Christian School Tuition Organization v. Winn

Baker v. Carr

Goldwater v. Carter

Elk Grove Unified School District v. Newdow

Constitutional history: Rules for Judicial Self-Restraint and Avoiding Constitutional Questions

B. The Court's Docket and Screening Cases

C. The Rule of Four and Agenda Setting

Constitutional history: Docket and Decisions, 1800-2018

Inside the court: The Rules of the Supreme Court Governing Review of Certiorari Petitions

In comparative perspective: The "European Model" of Constitutional Courts and Judicial Review

D. Summarily Decided Cases

E. The Role of Oral Argument

F. Conference Deliberations

Inside the court: On the Tentativeness of Votes and the Importance of Opinion Writing

G. Postconference Writing and Circulation of Opinions

Constitutional history: Opinion Writing, 1937-2018

H. Opinion Days and Communicating Decisions

I. The Impact of Supreme Court Decisions: Compliance and Implementation

Linkletter v. Walker

Whorton v. Bockting

Jaffree v. Board of School Commissioners of Mobile County

Commonwealth of Kentucky v. feffrey Wasson

The development of law: Oklahoma Supreme Court Rules Ten Commandments on State Capitol Grounds Unconstitutional

ch. 3 Presidential Power, the Rule of Law, and Foreign Affairs

A. Office and Powers: The Two Presidencies

Constitutional history: Alexander Hamilton, The Federalist, No. 70

B. As Commander in Chief and in Foreign Affairs

United States v. Curtiss-Wright Corporation

Zivotofsky v. Kerry

C. The Treaty-Making Power and Executive Independence

Constitutional history: Alternatives to Treaties: The Rise of Executive Agreements and Arrangements

Missouri p. Holland

The development of law: Senate Rejection of Proposed Treaties

United States v. Pink

Constitutional history: The Treaty-Reinterpretation Controversy

Goldwater v. Carter (Reprise)

MedelUn v. Texas

D. War-Making and Emergency Powers

[Hamdi v. Rumsfeld]

[Hamdan v. Rumsfeld]

Constitutional history: Citizens, Noncitizens, "Enemy Combatants," and Civil Rights in Wartime

The Prize Cases

Ex parte Milligan

Korematsu v. United States

Rasul v. Bush

Boumediene v. Bush

Trump v. Hawaii (Reprise)

Constitutional history: War Powers and "Our Living Constitution"

The development of law: The USA PATRIOT Act, Wiretaps, and the Foreign Intelligence Surveillance Court

In comparative perspective: The Supreme Court of Israel's Ruling against the Use of Torture

ch. 4 The President as Chief Executive in Domestic Affairs

A. National Security and Inherent and Emergency Powers

The development of law: The State Secrets Privilege

Youngstown Sheet & Tube Co. v. Sawyer

New York Times Co. v. United States

B. Appointment and Removal Powers

Constitutional history: Supreme Court Nominations Rejected, Postponed, or Withdrawn Due to Senate Opposition

Myers v. United States

Humphrey's Executor v. United States

Bowsher v. Synar

Morrison v. Olson

C. Legislative Powers in the Administrative State

The development of law: The Revival of the Nondelegation Doctrine?

[Chevron v. Natural Resources Defense Council]

[King v. Burwell]

Constitutional history: Presidential Signing Statements and Legislative Powers

Schechter Poultry Corporation v. United States

Industrial Union Department, AFL-CIO v. American Petroleum Institute

Immigration and Naturalization Service v. Chadha

The development of law: Executive Orders and Presidential Lawmaking

Clinton v. City of New York

The development of law: Presidential Vetoes, 1789-2018

Trump v. Hawaii

D. Accountability and Immunities

United States v. Nixon

Constitutional history: Unraveling the Watergate Affair

Clinton v. Jones

ch. 5 Congress: Membership, Immunities, and Investigatory Powers

A. Membership and Immunities

Powell v. McCormack

U.S. Term Limits, Inc. v. Thornton

Hutchinson v. Proxmire

B. Investigatory, Contempt, and Impeachment Powers

[Barenblatt v. United States]

Gibson v. Florida Legislative Investigation Committee

Walter L. Nixon v. United States

Constitutional history: Impeachment Trials

ch. 6 Congress: Legislative, Taxing, and Spending Powers

A. The Classic View of Congress's Legislative Powers

McCulloch v. Maryland

Gibbons v. Ogden

B. From Legal Formalism to the New Deal Crisis

[Swift & Company v. United States]

[The Shreveport Rate Case]

[Carter v. Carter Coal Company]

United States v. E. C. Knight Company

Hammer v. Dagenhart

C. From the New Deal Crisis to the Administrative State

National Labor Relations Board v. Jones & Laughlin Steel Corporation

United States p. Darby Lumber Company

Wickard p. Filburn

Heart of Atlanta Motel, Inc. p. United States and Katzenbach p. McClung

United States p. Lopez

Reno p. Condon

City of Boerne p. Flores

In Comparative perspective: The European Court of Justice and the European Union

United States v. Morrison

Gonzales p. Raich

National Federation of Independent Business v. Sebelius

D. Taxing and Spending Powers

[Pollock p. Farmer's Loan and Trust Co.]

Steward Machine Co. p. Dapis

South Dakota p. Dole

National Federation of Independent Business p. Sebelius

ch. 7 The States and American Federalism

A. States' Power over Commerce and Regulation

In comparative perspective: Federalism, Federations, and Confederations

Constitutional history: The Court's Rulings on Federal Preemption of State Laws in Historical Perspective

Cooley p. The Board of Wardens of the Port of Philadelphia

Southern Pacific Co. p. Arizona

Maine p. Taylor

Pennsylpania p. Nelson

B. The Tenth and Eleventh Amendments and the States

[National League of Cities v. Usery]

[Gregory v. Ashcroft]

`Inside the court: Rethinking Federalism in Garcia v. San Antonio Metropolitan Transit Authority

Garcia v. San Antonio Metropolitan Transit Authority

New York v. United States

Printz v. United States and Mack v. United States

Seminole Tribe of Florida v. Florida

Alden v. Maine

Nevada Department of Human Resources v. Hibbs

The development of law: Other Recent Rulings on the Eleventh Amendment

C. Judicial Federalism

Martin v. Hunter's Lessee

Cooper v. Aaron

Younger v. Harris

Stone v. Powell

D. State Courts and State Constitutional Law

Michigan v. Long

People v. P.J. Video, Inc.

Commonwealth of Kentucky v. Wasson (Reprise)

ch. 8 Representative Government, Voting Rights, and Electoral Politics

A. Representative Government and the Franchise

[Shelby County, Alabama v. Holder]

South Carolina v. Katzenbach

The development of law: Other Rulings Interpreting the Voting Rights Act

B. Voting Rights and the Reapportionment Revolution

The development of law: Rulings Extending the Principle of One Person, One Vote to Local Governments

The development of law: Judicial Standards in Reapportionment Cases

Gomillion v. Lightfoot

Baker v. Carr (Reprise)

Wesberry v. Sanders

Reynolds v. Sims

Arizona State Legislature v. Arizona Independent Redistricting Commission

Rucho v. Common Cause

Shaw v. Reno

Hunt v. Cromartie

The development of law: Other Vost-Shaw v. Reno Rulings on Racial Gerrymandering

C. Campaigns and Elections

Bush v. Gore

Buckley v. Valeo

McConnell v. Federal Election Commission

Contents note continued: Citizens United v. Federal Election Commission

Arizona Free Enterprise Club's Freedom Club PAC v. Bennett

The development of law: Other Rulings on Campaign Finance

Republican Party of Minnesota v. White

Rutan v. Republican Party of Illinois

Mclntyre v. Ohio Elections Commission

The development of law: Other Rulings on Campaigns and Elections

ch. 9 Economic Rights and American Capitalism

A. The Contract Clause and Vested Interests in Property

Fletcher v. Peck

Trustees of Dartmouth College v. Woodward

Charles River Bridge Co. v. Warren Bridge Co.

Home Building & Loan Association v. Blaisdell

B. The Development and Demise of a "Liberty of Contract"

[Allgeyer v. Louisiana]

Butchers' Benevolent Association v. Crescent City Livestock Landing & Slaughterhouse Co. (The Slaughterhouse Cases)

Munn v. Illinois

Lochner v. New York

Muller v. Oregon

West Coast Hotel Co. v. Parrish

C. The "Takings Clause" and Just Compensation

[Home v. Department of Agriculture]

Hawaii Housing Authority v. Midkiff

Inside the court: Hawaii Housing Authority v. Midkiff (1984) and Kelo v. City of New London, Connecticut (2005)

Lucas v. South Carolina Coastal Council

Kelo v. City of New London, Connecticut

Researching Legal Materials

The How, Why, and What to Briefing and Citing Court Cases

Members of the Supreme Court of the United States

Biographies of Current Justices.

Notes:

Includes bibliographical references and indexes.

Contains:

Struggles for power and governmental accountability.

Civil rights and civil liberties.

ISBN:

9780393696721

0393696723

9780393696745

039369674X

OCLC:

1111944314

Publisher Number:

99989417006