Constitutional LawIn its first edition, Erwin Chemerinskys CONSTITUTIONAL LAW proved that a casebook does not have to be simplistic to be student-friendly. Revised and updated for its Second Edition, this class-tested casebook is a comprehensive, accessible, and current alternative that will enliven your class and enlighten your students. the book retains its distinctive characteristics: thorough, yet concise to avoid overwhelming students with superfluous detail presents the law solely through case excerpts and author-written essays provides both background information and context on constitutional law doctrine flexible organization, no chapter assumes that students have read other chapters for adaptability in the classroom straightforward, accessible writing style Look for these changes in the Second Edition: new subsection, Presidential Powers and the War on Terrorism, in the chapter on federal executive power, which examines executive authority, detentions, Hamdi v. Rumsfeld, and the constitutionality of military tribunals expanded treatment of sovereign immunity, to better reflect the way the topic is taught enriched coverage throughout the book, with fuller presentation of some cases and the inclusion of some dissents This careful revision also presents the most recent and significant cases in a number of areas, such as: partisan gerrymandering and the political question doctrine (Vieth v. Jubelirer) sovereign immunity (University of Alabama v. Garrett, Nevada Department of Human Resources v. Hibbs, Tennessee v. Lane) preemption (Lorrilard Tobacco Co. v. Reilly, American Insurance v. Garimendi) state action, emphasizing entwinement (Brentwood Academy Secondary School v. Tennessee Athletic Association) the taking clause (Palazzolo v. Rhode Island, Tahoe Sierra Preservation Counci, Inc.l v. Tahoe Regional Planning Agency, Brown v. Legal Foundation of Washington) the overruling of Bowers v. Hardwick in Lawrence v. Texas affirmative action (Grutter v. Bollinger and Gratz v. Bollinger) the First Amendment (Ashcroft v. American Civil Liberties Union, Ashcroft v. the Free Speech Coalition, Virginia v. Black, McConnell v. Federal Election Commission, Good News Club v. Milford Central School) the Establishment Clause as it pertains to vouchers (Zelman v. Simmons Harris), the Pledge of Allegiance (Elk Grove Unified School Dist. v. Newdow), and the question of whether the government must allow its scholarships to be used by students studying for the clergy (Locke v. Davey) Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/chemerinsky_constitutionallaw2 |
Contents
Contents xi | xxxiii |
The Constitution of the United States | xxxix |
The Federal Judicial Power | 1 |
Copyright | |
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action adopted alleged applied appropriate Article authority burden challenge Chief Justice citizens claim Commission Congress Congress's power congressional Constitution constitutionality contract criminal decision declared defendant delivered the opinion denied desegregation discrimination discriminatory dissenting District Court doctrine dormant Commerce Clause Due Process Clause economic effect Eleventh Amendment employees enacted enemy combatant enforce Equal Protection Clause established executive exercise federal court Federal Government federal law Fifth Amendment Fourteenth Amendment framers governmental Immunities Clause impeachment imposed individual interstate commerce invalidated involved issue judgment judicial jurisdiction jury legislative legislature limits ment peremptory challenges persons petitioners plaintiff political President principle Privileges and Immunities prohibition purpose question race racial rational basis review reason regulation remedy respondents restrictions rule Second Amendment Section Seminole Tribe Senate sovereign immunity State's statute substantial suit Supreme Court taking Tenth Amendment tion unconstitutional United upheld violation vote