The Oxford introductions to U.S. law : constitutional law / Michael C. Dorf, Trevor W. Morrison.

Format:

Book

Author/Creator:

Dorf, Michael C., author.

Morrison, Trevor W., author.

Series:

Oxford introductions to U.S. law.

Oxford introductions to U.S. law

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (378 p.)

Place of Publication:

Oxford, England ; New York, New York : Oxford University Press, [2010]

Language Note:

English

Summary:

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that

Contents:

Cover Page; Title Page; Copyright Page; Dedication; Acknowledgments; Contents; Chapter 1 Who Decides?; Chapter 2 Judicial Review; What Is Judicial Review and What Purpose Does It Serve?; What Does the Constitution Say about Judicial Review?; Writtenness; Supremacy; Articles III and VI; What Are the Practical Consequences of Judicial Review?; Further Reading; Chapter 3 Constitutional Interpretation; Judicial Restraint; Natural Law and the Moral Reading; Representation Reinforcement; Originalism; Eclecticism; Further Reading; Chapter 4 Federalism; The Benefits and Costs of Federalism

Limits of Enumerated PowersInternal versus External Commerce; Pretext; Economic Activity; "Etiquette" Limits on Federal Power; Traditional Areas of State Sovereignty; Commandeering; Sovereign Immunity; Clear Statement Rules; Federalism-Based Limits on the States; Further Reading; Chapter 5 Separation of Powers; The Function of Separation of Powers; Selected Themes in Separation of Powers Doctrine; The Executive; The Legislature; The Judiciary; Further Reading; Chapter 6 Equal Protection; Slavery; From Plessy to Brown; Anti-Subordination or Color Blindness?; Tiers of Scrutiny

Purpose and EffectIs Equality an Empty Idea?; Further Reading; Chapter 7 Enumerated Rights: The First Amendment; Freedom of the Press; Freedom of Speech; Free Exercise of Religion; No Establishment of Religion; Further Reading; Chapter 8 Unenumerated Rights; The Privileges or Immunities Clause; The Lochner Era; Incorporation of the Bill of Rights; The Right of "Privacy"; Further Reading; Chapter 9 Congressional Enforcement of Constitutional Rights; The State Action Requirement; Defining the Rights to be Enforced; Enforcement as Deterrence and Prevention, within Limits; Further Reading

Chapter 10 Beyond the CourtsIndex; About the Editor; Footnotes

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-931503-5

0-19-974980-9

OCLC:

823719887