Constitutional Law in Contemporary America

Constitutional Law in Contemporary America : Volume Two: Civil Rights and Liberties

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Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features:* Skillfully edited excerpts of canonical Supreme Court decisions and lower federal and state court decisions* Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government* Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies* Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism)* Topical overviews for each constitutional subject areaIn order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes:* Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law. * Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive more

Product details

  • Paperback | 824 pages
  • 203.2 x 248.92 x 35.56mm | 1,179.33g
  • Oxford University Press Australia
  • OUP Australia and New Zealand
  • Melbourne, Australia
  • English
  • 0195390067
  • 9780195390063

About Professor David Schultz

David Schultz is Professor in the School of Business at Hamline University and senior fellow at the Institute for Law and Politics at the University of Minnesota School of Law. John R. Vile is Professor of Political Science and Dean of the University Honors College at Middle Tennessee State University. Michelle D. Deardorff is Professor in the Department of Political Science at Jackson State more

Table of contents

CHAPTER 1: CREATING THE MODERN FEDERAL JUDICIARY Incorporation and Interpretation of the Bill of Rights Timeline: Incorporation and Interpretation of the Bill of Rights: Introduction a. The English Background of the U.S. Legal System c. The Articles of Confederation d. A New Constitution I. The Organization and Operation of the Federal Judicial System a. The Appointment, Confirmation, and Tenure of Judges and Justices b. The Federalist Explains the Judicial Branch c. The Jurisdiction and Power of Federal Courts d. Between Judicial Activism and Judicial Restraint: Methods of Constitutional Interpretation II. Incorporation and the Bill of Rights e. The Development of Judicial Review of National Legislation a. States and the Bill of Rights Barron v. Baltimore (1833) III. The Bill of Rights and Fourteenth Amendment a. What has been incorporated? a. What Has Been Incorporated? Hurtado v. People of State of California (1884) Chicago, B. & Q. R. Co. v. City of Chicago (1897) Gitlow v. New York (1925) Palko v. Connecticut (1937) Cantwell v. Connecticut (1940) Adamson v. California (1947) Powell v. Alabama (1932) Gideon v. Wainwright (1963) Wolf v. Colorado (1949) Mapp v. Ohio (1961) Griswold v. Connecticut (1965) IV. Interpretation of the Bill of Rights a. Constitutional Analysis Framework Ashwander v. Tennessee Valley Authority (1936) United States v. Carolene Products Co. (1938) Korematsu v. U.S. (1944) Skinner v. Oklahoma (1942) V. Contemporary Interpretations of the Bill of Rights: The Second Amendment District of Columbia v. Heller (2008) CHAPTER 2: THE FIRST AMENDMENT AND RELIGION Timeline: The First Amendment and Religion: Timeline: The First Amendment and Religion: II. The Religion Clauses of the First Amendment a. The Establishment Clause 1) Beginnings 2) The Establishment Clause and Religious Exercises in the Public Schools 3) The Development and Application of the Lemon Test and Other Approaches 4) Symbolic Displays on Public Properties 5) One Candidate's View Thomas Jefferson, The Virginia Act for Establishing Religious Freedom (1786) Joseph Story, Commentaries on the Constitution (1833) Everson v. Board of Education of Ewing Township (1947) Engel v. Vitale (1962) Lemon v. Kurtzman (1971) Marsh v. Chambers (1983) Wallace v. Jaffree (1985) Santa Fe Independent School District v. Doe (2000) Zelman v. Simmons Harris (2002) Van Orden v. Perry (2005) McCreary v. American Civil Liberties Union (2005) A View from Outside the Court: Address of Senator John F. Kennedy to the Greater Houston Ministerial Association (1960) b. Free Exercise Clause 1) The Belief-Action Dichotomy 2) The Compelling State Interest Test Applied 3) The Compelling State Interest Test Reconsidered West Virginia State Board of Education v. Barnette (1943) Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) Employment Division, Department of Human Resources of Oregon v. Smith (1990) Cutter v. Wilkerson (2005) CHAPTER 3: FREEDOM OF SPEECH Timeline: Freedom of Speech: Timeline: Freedom of Speech: II. Theories of Free Speech a. Speech that Criticizes the Government or Seems to Threaten Public Order: An Early Controversy Sedition Act (1798) Responses to the Alien and Sedition Acts Virginia Resolution (1798) b. World War I and Beyond Schenck v. United States (1919) Gitlow v. New York (1925) Dennis v. United States (1951) Brandenburg v. Ohio (1969) c. Time, Place, and Manner Restrictions Kovacs v. Cooper (1949) d. Careless Words versus True Threats Ward v. Rock Against Racism (1989) Rankin v. McPherson (1987) d. The Government as Speaker e. The Government as Speaker National Endowment of the Arts v. Finley (1998) Board of Regents of University of Wisconsin v. Southworth (2000) e. Student Speech f. Student Speech Bethel School District No. 403 v. Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Morse v. Frederick (2007) f. Hate Speech and Hostile Audiences g. Fighting Words, Hate Speech, and Hostile Audiences Terminiello v. City of Chicago (1949) Feiner v. New York (1951) Beauharnais v. Illinois (1952) Collin v. Smith (7th Cir. 1978) R. A.V. v. City of St. Paul (1992) Wisconsin v. Mitchell (1993) g. Speech Plus h. Speech Plus Cohen v. California (1971) Texas v. Johnson (1989) Virginia v. Black (2003) CHAPTER 4: FREE PRESS AND ASSOCIATION, OBSCENITY, PORNOGRAPHY, COMMERCIAL SPEECH, AND CENSORSHIP Timeline: Free Press and Association, Obscenity, Pornography, Commercial Speech, and Censorship: Timeline: Free Press and Association, Obscenity, Pornography, Commercial Speech, and Censorship: II. Obscenity, Pornography, and Censorship Burstyn v. Wilson (1952) Roth v. United States (1957) Kingsley International Pictures Corporation v. Regents (1959) Miller v. California (1973) Stanley v. Georgia (1969) City of Renton v. Playtime Theaters, Inc. (1986) Barnes v. Glenn Theatre, Inc. (1991) American Booksellers Association, Inc. v. Hudnut (7th Cir. 1985) Regina v. Butler (Canada 1992) Ashcroft v. American Civil Liberties Union (2004) III. Commercial Speech Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976) Central Hudson Gas & Elec. Corp. v. Public Service Commission of New York (1980) Posadas de Puerto Rico Associates v. Tourism Co. of P. R. (1986) 44 Liquormart, Inc. v. Rhode Island (1996) IV. Freedom of the Press Bridges v. California, and Times-Mirror Co. v. Superior Court of California (1941) Near v. Minnesota (1931) Grosjean v. American Press Co. (1936) New York Times Co. v. Sullivan (1974) New York Times Co. v. United States (1971) United States v. The Progressive, Inc. (1979) Branzburg v. Hayes (1972) Red Lion Broadcasting, Co. v. F. C. C. (1969) Federal Communications Commission v. Pacifica Foundation (1978) Gannett Co. v. DePasquale (1979) Richmond Newspapers, Inc. v. Virginia (1980) Hazelwood School Dist. v. Kuhlmeier (1988) V. Freedom of Association Dennis v. United States (1951) Yates v. United States (1957) American Communications Association v. Douds (1950) Adler v. Board of Education (1952) Keyishian v. Board of Regents of the University of the State of New York (1967) National Association for the Advancement of Colored People v. State of Alabama (1958) Roberts v. United States Jaycees (1984) Boy Scouts of America v. James Dale (2000) Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston, Inc. (1995) Hutchins v. District of Columbia (CADC 1999) CHAPTER 5: CRIMINAL DUE PROCESS Timeline: Criminal Due Process Timeline: Criminal Due Process a. The Forth Amendment b. The Fifth Amendment c. The Sixth Amendment II. Fourth Amendment: Search and Seizure d. Excessive Use of Force a. The Exclusionary Rule b. Evidentiary Requirements and Exceptions c. Electronic Surveillance d. Stop and Frisk e. Searches Incident to Arrest f. The Vehicular Exception to the Warrant Requirement g. Consent Searches h. Ascertaining Probable Cause i. Exceptions to the Exclusionary Rule Wolf v. Colorado (1949) Mapp v. Ohio (1961) Warden, Maryland Penitentiary v. Hayden (1967) Stafford Unified School District #1 v. Redding (2009) Katz v. United States (1967) Kyllo v. U.S. (2001) Terry v. Ohio (1968) Chimel v. California (1969) Pennsylvania v. Mimms (1977) Whren v. United States (1996) United States v. Mendenhall (1980) Georgia v. Randolph (2006) Illinois v. Gates (1983) United States v. Leon (1984) New York v. Harris (1990) Florida v. Bostick (1991) III. Fifth Amendment: Self-Incrimination a. Informing Individuals of their Rights b. Exceptions to Miranda c. Links Between the Fifth and Sixth Amendments d. The Shock the Conscience Test Miranda v. Arizona (1966) New York v. Quarles (1984) Schmerber v. California (1966) IV. Sixth Amendment: Fair Trial Provisions a. The Right to Counsel b. A Jury of One's Peers Gideon v. Wainwright (1963) Escobedo v. Illinois (1964) Batson v. Kentucky (1986) V. Excessive Use of Force Tennessee v. Garner (1985) Graham v. Connor (1989) Hudson v. McMillian (1992) CHAPTER 6: THE EIGHTH AMENDMENT AND CRUEL AND UNUSUAL PUNISHMENT Timeline: The Eighth Amendment and Cruel and Unusual Punishment: Timeline: The Eighth Amendment and Cruel and Unusual Punishment: II. Death Penalty and Proportionality a. Special Circumstances Furman v. Georgia (1972) Gregg v. Georgia (1976) Coker v. Georgia (1977) McCleskey v. Kemp (1987) Herrera v. Collins (1993) Atkins v. Virginia (2002) Roper v. Simons (2005) III. Issues Not Involving the Death Penalty Rummel v. Estelle (1980) Harmelin v. Michigan (1991) CHAPTER 7: EQUAL PROTECTION OF THE LAWS Timeline: Timeline: Equal Protection of the Laws: II. Race Declaration of Independence The Meaning of July Fourth for the Negro (1852) Plessy v. Ferguson (1896) Sweatt v. Painter (1950) Brown v. Board of Education I (1954) Bolling v. Sharpe (1954) Brown v. Board of Education II (1955) Swann v. Charlotte-Mecklenburg (1971) Washington v. Davis (1976) United States v. Fordice (1992) III. Gender a. Evolving Judicial Standards Seneca Falls Declaration (1848) Bradwell v. Illinois (1873) Hoyt v. Florida (1961) Reed v. Reed (1971) Frontiero v. Richardson (1973) Craig v. Boren (1976) Rostker v. Goldberg (1981) Michael M. v. Superior Court of Sonoma County (1981) Mississippi University for Women et al. v. Hogan (1982) United States v. Virginia (1996) IV. Affirmative Action Regents of the University of California v. Bakke (1978) City of Richmond v. J. A. Croson (1989) Metro Broadcasting, Inc. v. Federal Communications Commission (1990) Adarand Constructors v. Pena (1995) Grutter v. Bollinger (2003) Parents Involved in Community Schools v. Seattle School District No. 1 et al. (2007) V. Other Classifications a. Immigration b. Mentally Disabled b. Mentally and Physically Disabled Persons d. Poverty/Right to an Equal Education Ambach v. Norwich (1979) Plyler v. Doe (1982) City of Cleburne v Cleburne Living Center (1985) Bowers v. Hardwick (1986) Romer v. Evans (1996) Lawrence v. Texas (2003) San Antonio Independent School v. Rodriguez (1973) Edgewood Independent School District v. Kirby (1989) CHAPTER 8: PRIVACY AND REPRODUCTIVE RIGHTS Timeline: Privacy and Reproductive Rights: Timeline: Privacy and Reproductive Rights: II. The Right to Privacy Warren and Brandeis, "Right to Privacy" (1890) Pierce v. Society of Sisters (1925) Olmstead v. United States (1928) Griswold v. Connecticut (1965) III. The Right to Abortion Roe v. Wade (1973) Webster v. Reproductive Health Services (1989) Hogdsen v. Minnesota (1990) Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Women of Minnesota v. Gomez (1994) IV. The Right to Assisted Suicide Washington v. Glucksberg (1997) Vacco v. Quill (1997) CHAPTER 9: STATE ACTION Timeline: State Action: I. Introduction Civil Rights Cases (1883) II. Historical Development Screws v. United States (1945) Shelley v. Kraemer (1948) Marsh v. State of Alabama (1946) Fashion Valley Mall, LLC v. N.L.R. B. (Cal. 2007) Moose Lodge No. 107 v. Irvis (1972) Jackson v. Metropolitan Edison Company (1974) DeShaney v. Winnebago Dept. of Social Services (1989) Town of Castle Rock, Colorado v. Gonzales (2005) Appendices Glossary Case Index General Indexshow more

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