American Constitutional Law: Essays, Cases, and Comparative Notes, Volume 2

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Rowman & Littlefield Publishers, Jul 1, 2009 - Law - 1149 pages
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American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.
 

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Contents

The Supreme Court
11
The Constitution and Its Interpretation
31
Judicial Power
57
Liberty Community and Constitutional Interpretation under the Bill of Rights
103
The Bill of Rights Incorporation and Capital Punishment
109
Liberty and Property
209
Fundamental Rights Privacy and Personhood
267
Freedom of Speech
389
The United States Constitution
745
First Inaugural Address Abraham Lincoln
755
The Gettysburg Address Abraham Lincoln
759
Understanding Supreme Court Opinions
761
Glossary of Terms
765
Chronological Chart of the Justices
771
Legal Research on the World Wide Web
775
The Federalist No 78
777

Freedom of Religion in Public and Private Life
485
The Equal Protection Clause and Racial Discrimination
597
Gender Discrimination and Other Claims to Equality
679
Declaration of Independence
743
Table of Cases
781
Index
787
About the Authors
795
Copyright

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About the author (2009)

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and professor of law emeritus at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is H. Malcolm MacDonald Professor in Constitutional and Comparative Law in the Department of Government at University of Texas at Austin.

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