Constitutional Law : Themes for the Constitution's Third Century

, by Farber, Daniel A.; Eskridge, William N., Jr.; Frickey, Philip P.

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ISBN: 9780314143532 | 031414353X
Cover: Hardcover
Copyright: 6/1/2003

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The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of law. They also have tried to show students how these issues pervade constitutional law and to provide students with tools for more intense thinking. The authors start with Brown v. Board of Education and the historical litigation background of that case to generate greater initial enthusiasm in students.

Dedication

iii

Preface

Table of Contents

Table of Cases

xxxi

A Prologue on Constitutional History

(58)

The Founding Generation: The Constitution and the Bill of Rights, 1787-1791

(8)

The Marshall Court's Nationalist Vision, 1801-1835

(4)

States' Rights, Slavery, and the Taney Court, 1836-1864

(4)

Reconstruction and the Ambiguous Triumph of Abolition, 1864-1896

(5)

The Labor Movement, Progressivism, and Rights For Women And Blacks, 1896-1937

(7)

The New Deal, the Court-Packing Controversy, and the Carolene Court, 1937-1953

(7)

The Warren Court and the Triumph of the Civil Rights Movement, 1953-1969

(6)

The Nixon Court: Pragmatic Legal Process and Women's Rights, 1969-1987

(6)

The Post-Civil Rights Court, 1987-Now

(9)

Appendix: Recent Justices

(4)

An Introduction to Constitutional Decisionmaking

(118)

Brown v. Board of Education: A Case Study

(26)

The Supreme Court's Role in Our Political System

(34)

Brown and Theories of Constitutional Decisionmaking

119

(58)

The Constitution and Racial Discrimination

177

(122)

Racial Classifications After Brown

181

(31)

The State Action Doctrine as a Limit on the Judicial Power To Address Racial Discrimination

212

(28)

The Affirmative Action Controversy: Benign Racial Classifications or Reverse Discrimination?

240

(59)

Sex and Gender Discrimination and Other Equal Protection Concerns

299

(126)

Minimal Equal Protection Scrutiny (The Rational-Basis Test)

300

(14)

Sex- and Gender-Based Discrimination

314

(69)

What Level of Scrutiny for Other ``Suspicious'' Classifications?

383

(42)

Protecting Fundamental Rights

425

(188)

Should Courts Ever Enforce Unenumerated Rights?

427

(21)

Protecting Economic Liberty and Property

448

(33)

Equal Protection and ``Fundamental Interests''

481

(36)

Fundamental Privacy Rights

517

(65)

The ``Right To Die''

582

(10)

Procedural Due Process

592

(21)

The First Amendment

613

(208)

Free Speech and Competing Values

613

(18)

Regulation of Harmful Messages

631

(82)

Speech with a Government Nexus

713

(41)

Process-Based Protections for Speech

754

(16)

Freedom of Association

770

(7)

The Religion Clauses

777

(44)

Federalism

821

(230)

Enumerated Federal Power, Reserved State Authority: Introduction

821

(20)

Congressional Power Under the Commerce Clause

841

(42)

Congressional Authority To Promote Civil Rights

883

(70)

Beyond the Commerce Power and the Civil Rights Enforcement Power

953

(14)

Intergovernmental Immunities and Congressional Power

967

(33)

Nationalist Limitations Upon State Regulatory Authority

1000

(51)

Separation of Powers

1051

(140)

Issues of Executive Aggrandizement (The Imperial Presidency)

1064

(43)

Issues of Legislative Overreaching (The Meddlesome Congress)

1107

(56)

Congressional and Presidential Structuring of Adjudication and Deployment of Article III Judges

1163

(28)

Limits on the Judicial Power

1191

(1)

The Political Question Doctrine

1192

(24)

``Cases'' or ``Controversies''

1216

(32)

Constitutional Limits on Federal Courts' Remedial Powers

1248

Appendices and Index

Appendix 1: The Constitution of the United States

(18)

Appendix 2: Constitutional Ratification Materials

(12)

Appendix 3: James Madison's Speech to the House of Representatives Presenting the Proposed Bill of Rights, June 8, 1789

(8)

Index

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Constitutional Law : Themes for the Constitution's Third Century

Summary

Table of Contents

Supplemental Materials