Constitutional Law for a Changing America

Constitutional Law for a Changing America
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Institutional Powers and Constraints
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Artikel-Nr:
9781544317939
Einband:
WEB PDF
Seiten:
784
Autor:
Lee J. Epstein
Serie:
Constitutional Law for a Changing America
eBook Typ:
PDF
eBook Format:
WEB PDF
Kopierschutz:
Adobe DRM [Hard-DRM]
Sprache:
Englisch
Beschreibung:

A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process,
Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. 



The
Tenth
Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a "Facts" and "Arguments" section before every case, a superb photo program, "Aftermath" and "Global Perspective" boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.
A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. 



The
Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a "Facts" and "Arguments" section before every case, a superb photo program, "Aftermath" and "Global Perspective" boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.




Bundle with the Resource Center for FREE! 

Take your constitutional law class beyond the book with Epstein and Walker’s newly redesigned
Resource Center, featuring more than 500 excerpted, supplemental cases referenced in the commentary of the
Constitutional Law for a Changing America volumes. The Resource Center offers a place for students to study core content with online quizzes and explore court cases, biographies, and reference material. Instructors can find teaching materials, including hypothetical cases paired with discussion questions and writing assignments, moot-court simulations, test banks, and more. 




Ensure FREE access—use bundle ISBN: 978-1-5443-6930-3



 
Chronological Table of Cases

Tables, Figures, and Boxes

Preface

About the Authors

PART I. THE U.S. CONSTITUTION

The Road to the U.S. Constitution

Underlying Principles of the Constitution

CHAPTER 1. Understanding the U.S. Supreme Court

Processing Supreme Court Cases

Supreme Court Decision Making: Legalism

Supreme Court Decision Making: Realism

Conducting Research on the Supreme Court

PART II. INSTITUTIONAL AUTHORITY

Origins of the Separation of Powers/Checks and Balances System

Separation of Powers and the Constitution

Contemporary Thinking on the Constitutional Scheme

CHAPTER 2. The Judiciary

Establishment of the Federal Judiciary

Judicial Review

Constraints on Judicial Power: Article III

Constraints on Judicial Power and the Separation of Powers System

CHAPTER 3. The Legislature

Article I: Historical Overview

Congressional Authority over Internal Affairs: Institutional Independence and Integrity

Legislative Powers: Sources and Scope

Federal Legislature: Constitutional Interpretations

CHAPTER 4. The Executive

The Structure of the Presidency

The President’s Constitutional Authority and Tools for Executing It

The Faithful Execution of the Laws: Defining the Contours of Presidential Power

Domestic Powers of the President

The Role of the President in External Relations

CHAPTER 5. Interbranch Interactions

Debates over Interbranch Interactions

Domestic Powers

Powers over Foreign Affairs

PART III. NATION–STATE RELATIONS

The Framers and Federalism

The Tenth and Eleventh Amendments

CHAPTER 6. Federalism

The Doctrinal Cycle of Nation–State Relations

The Eleventh Amendment and Sovereign Immunity

National Preemption of State Laws

CHAPTER 7. The Commerce Power

Foundations of the Commerce Power

Attempts to Define the Commerce Power in the Wake of the Industrial Revolution

The Supreme Court and the New Deal

The Era of Expansive Commerce Clause Jurisprudence

Limits on the Commerce Power: The Republican Court Era

Commerce Power of the States

CHAPTER 8. The Power to Tax and Spend

The Constitutional Power to Tax and Spend

Direct Taxes and the Power to Tax Income

Taxation of Exports

Intergovernmental Tax Immunity

Taxation as a Regulatory Power

Taxing and Spending for the General Welfare

Restrictions on the Revenue Powers of the States

PART IV. ECONOMIC LIBERTIES

CHAPTER 9. The Contract Clause

The Framers and the Contract Clause

John Marshall and the Contract Clause

Decline of the Contract Clause: From the Taney Court to the New Deal

Modern Applications of the Contract Clause

CHAPTER 10. Economic Substantive Due Process

Development of Substantive Due Process

The Roller-Coaster Ride of Substantive Due Process: 1898–1923

The Heyday of Substantive Due Process: 1923–1936

The Depression, the New Deal, and the Decline of Economic Substantive Due Process

Substantive Due Process: Contemporary Relevance

CHAPTER 11. The Takings Clause

Protecting Private Property from Government Seizure

What Is a Taking?

What Constitutes a Public Use?

Reference Material

Constitution of the United States

The Justices

Glossary

Online Case Archive Index

Case Index

Subject Index

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