American Constitutional Law: Essays, Cases, and Comparative Notes

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Rowman & Littlefield Publishers, Jul 16, 2009 - Law - 350 pages
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 gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation

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Part One Institutional and Interpretive Foundations
Chapter 1 The Supreme Court
Chapter 2 The Constitution and Its Interpretation
Part Two Intergovernment Powers and Relationships
Chapter 3 Judicial Power
Chapter 4 Separation of Powers
Chapter 5 Foreign Affairs and Constitutional Crises
Appendix B The United States Constitution
Appendix C First Inaugural Address
Appendix D The Gettysburg Address
Appendix E Understanding Supreme Court Opinions
Appendix F Glossary of Terms
Appendix G Chronological Chart of the Justices
Appendix H Legal Research on the World Wide Web
Appendix I The Federalist No 78

Chapter 6 Federalism and State Regulatin
Chapter 7 Congressional Powers
Chapter 8 Voting and Political Representation
Appendix A Declaration of Independence
Table of Cases

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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 & Comparative Law in the Department of Government at University of Texas at Austin.

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