Inside Constitutional Law: What Matters and why

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Aspen Publishers Online, 2009 - Law - 522 pages
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A concise, pedagogically rich study guide, Inside Constitutional Law: What Matters and Why, emphasizes the essential components of the law -- how they fit together and why -- to give your students the help that some of them will need to benefit from their casebook reading and classroom experience. A powerful study guide with the full panoply of pedagogical tools: clear explanations of key terms, concepts, relationships, and processes a consistent focus on what matters and why -- through introductions and summaries a rich and dynamic pedagogy that includes: overviews -- what is important in this chapter to an understanding of constitutional law key terms -- highlighted and defined in context cross-references to key terms clear signposting -- generous use of heading levels and visual aids FAQs -- Frequently Asked Questions addressing matters of ambiguity Sidebars -- containing study tips, hypos, cites to authorities, and marginalia graphics -- charts, graphs, figures, and art connections -- a concluding section at the end of every chapter that connects the material covered to other chapters in the book, the field at large, and legal practice uncluttered and attractive 2-color page design From the publishers of the highly respected Examples and Explanations series, the new Inside series, featuring outstanding educators and a consistently rich pedagogical design, will enable many students to approach their course work and class discussion with a firm grasp on subjects that had previously seemed unreachable. *A Teacher's Manual may be available for this book. Teacher 's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or legaledu@wolterskluwer.com.
 

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Contents

Judicial Review
3
B Judicial Review and the States
9
Summary
43
National Legislative Power
47
B The Necessary and Proper Clause
49
The Commerce Clause
52
The Taxing Power
73
H Congressional Enforcement of Civil Rights
79
Gender Classifications
246
E AlienageClassifications
254
F Classifications of Unmarried Parents and Their Children
261
The Fundamental Rights Strand of Equal Protection
267
Summary
278
Freedom of Expression
285
ContentBased Regulation of Speech
297
Overbreadth and Vagueness
332

Summary
85
Federal Executive Powers
91
B Presidential Enforcement Powers
101
Shielding the Executive from
110
State Power to Regulate Commerce
117
Nondiscriminatory Burdens on Interstate Commerce
126
E Preemption
133
Summary
140
Chapter5 Intergovernmental Immunities
143
B Federal Power to Tax the States
146
Federal Commandeering of State Resources
151
Procedural Due Process
159
INDIVIDUAL RIGHTS
160
Summary
170
Substantive Protection of Economic Rights
173
B The Takings Clause
178
The Contract Clause
188
Fundamental Rights
195
Summary
217
Equal Protection
221
B Economic and Other Constitutionally Insignificant Classifications
225
F SymbolicSpeech
345
Establishment ClauseFree Speech Tension
353
J The Right to Associate
374
K UnconstitutionalConditions
384
The First Amendment in the Public Schools
395
N GovernmentFinanced Speech
398
Summary
416
The Establishment Clause
423
B School Vouchers
433
School Curricula
441
F EstablishmentFree Exercise and Free Speech Tension
454
Summary
461
The Free Exercise Clause
465
B Discrimination Against Religion
476
The Second Amendment
481
B Modern Case Law
482
JudicialInvolvement
494
Summary
503
Table of Cases
507
INDEX
519
Copyright

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About the author (2009)

RUSSELL L. WEAVER has published numerous books and articles about the United States Constitution including the First Amendment and various aspects of criminal procedure. In addition, he has spoken at conferences around the world, and regularly teaches in various foreign countries including France, Germany, Canada and Australia. He has also served as a consultant to the constitutional commissions in both Belarus and Kyrghyzstan, and he was asked to submit written comments on the Russian Constitution.

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