American Constitutional Law: Essays, Cases, and Comparative Notes

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Rowman & Littlefield, 2004 - Political Science - 1095 pages
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A course on constitutional law and civil liberties can be-and is-nothing less than an extended inquiry into the meaning of America. American Constitutional Law, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great Supreme Court cases to engage important issues of political theory and the nature of our democracy. Although the focus is on law in the United States, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution, challenging the reader to assess American values in light of other legal systems and understandings of governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.
 

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Contents

The Supreme Court
11
The Constitution and Its Interpretation
31
Intergovernmental Powers and Relationships
57
Judicial Power
61
Separation of Powers
109
Foreign Affairs and Constitutional Crises
171
Federalism and State Regulation
231
Congressional Powers
299
The Equal Protection Clause and Racial Discrimination
887
Gender Discrimination and Other Claims to Equality
969
Declaration of Independence
1035
The United States Constitution
1037
First Inaugural Address
1047
The Gettysburg Address
1051
Understanding Supreme Court Opinions
1053
Glossary of Terms
1057

Voting and Political Representation
365
Liberty Community and Constitutional Interpretation under the Bill of Rights
425
The Bill of Rights Incorporation and Capital Punishment
431
Liberty and Property
501
Fundamental Rights Privacy and Personhood
553
Freedom of Speech
679
Freedom of Religion in Public and Private Life
773
Chronological Chart of the Justices
1063
Legal Research on the World Wide Web
1067
The Federalist No 78
1069
Table of Cases
1073
Index
1083
About the Authors
1095
Copyright

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About the author (2004)

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and Professor of Law at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is Patterson-Banister Professor of Government at the University of Texas, Austin.

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