The structure of government
著者
書誌事項
The structure of government
（American constitutional law / Ralph A. Rossum, G. Alan Tarr, v. 1）
Westview Press, c2010
8th ed
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注記
Includes bibliographical references
内容説明・目次
内容説明
American Constitutional Law provides a comprehensive account of the nations defining document. Based on the premise that the study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America, this text puts current events in terms of what those who initially drafted and ratified the Constitution sought to accomplish. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Now fully updated, the eighth edition of this classic volume focuses on federal rights and powers and incorporates six new cases, including Boumediene v. Bush, Medellin v. Texas, Hein v. Freedom from Religion Foundation, and Plains Commerce Bank v. Long Family Land and Cattle Company.
目次
1. INTERPRETATION OF THE CONSTITUTION * Approaches to Constitutional Interpretation * The Approaches in Perspective * The Ends of the Constitution * The Means to the Ends 2. CONSTITUTIONAL ADJUDICATION * The Justices of the Supreme Court * The Supreme Court in the Federal Judicial System * How Cases Get to the Supreme Court * How the Supreme Court Decides Cases * The Impact of Supreme Court Decisions * Analyzing Supreme Court Decisions * Sources in Constitutional Law 3. THE JUDICIAL POWER * The Power of Judicial Review * Externally Imposed Restraints on Judicial Review * Court-Imposed Restraints on Judicial Review * The Expanding Role of the Courts * The Courts, Judicial Review, and the Problem of Legitimacy * CASES * Marbury v. Madison (1803)Stuart v. Laird (1803)Eakin v. Raub (1825)Cooper v. Aaron (1958)Plaut v. Spendthrift Farm, Inc. (1995)Young v. United States ex rel. Vuitton (1987)Ex Parte McCardle (1869)Lujan v. Defenders of Wildlife (1992)Hein v. Freedom from Religion Foundation (2007) Luther v. Borden (1849)Baker v. Carr (1962)Nixon v. United States (1993)Deshaney v. Winnebago County Department of Social Services (1989) 4. THE LEGISLATIVE BRANCH * The Scope of Congressional Power * Powers That Facilitate Legislative Activity * Nonlegislative Powers * Safeguarding Legislative Power * CASES * McCulloch v. Maryland (1819)Powell v. McCormack (1969)U.S. Term Limits, Inc. v. Thornton (1995)Gravel v. United States (1972)McGrain v. Daugherty (1927)Watkins v. United States (1957)Articles of Impeachment against William Jefferson Clinton (1998)Schechter Poultry Corporation v. United States (1935)Mistretta v. United States (1989)Immigration and Naturalization Service v. Chadha (1983) 5. THE EXECUTIVE BRANCH * The Aims of the Framers * Grants of Power and Their Use * Implied Powers * Prerogative Powers * CASES * Clinton v. City of New York (1998)Myers v. United States (1926)Morrison v. Olson (1988)United States v. Nixon (1974)Clinton v. Jones (1997)In Re Neagle (1890)Youngstown Sheet & Tube Company v. Sawyer (1952) 6. WAR AND FOREIGN AFFAIRS * The Interbranch Distribution of Power * The Foundation and Extent of the Foreign Affairs Power * War and Individual Rights * CASES * The Prize Cases (1863)The Gulf of Tonkin Resolution (1964)The War Powers Resolution (1973)United States v. Curtiss-Wright Export Corporation (1936)Missouri v. Holland (1920)Medellin v. Texas (2008)Ex Parte Milligan (1866)Korematsu v. United States (1944)Ex Parte Quirin (1942)The USA PATRIOT Act (2001)Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001)Hamdi v. Rumsfeld (2004)Boumediene v. Bush (2008) Letter on Wiretapping by the National Security Agency (2005)Congressional Research Service Memorandum (2006) 7. FEDERALISM * Federalism and the Founding * Federalism and the First Congress * Federalism and the Marshall Court * Federalism and Its Protection by Subsequent Courts * The PostCivil War Amendments and the Shifting of the Federal Balance * CASES * The Judiciary Act of 1789Cohens v. Virginia (1821)Coyle v. Smith (1911)Baldwin v. Montana Fish and Game Commission (1978)Dred Scott v. Sandford (1857)New York v. United States (1992)Printz v. United States (1997)Alden v. Maine (1999)Tennessee v. Lane (2004)The Civil Rights Cases (1883)Jones v. Alfred H. Mayer Company (1968) 8. THE EXERCISE OF NATIONAL POWER * The Commerce Power * The Taxing Power * The Spending Power * Limitations on National Power * CASES * Gibbons v. Ogden (1824)United States v. E. C. Knight Company (1895)Hammer v. Dagenhart (1918)National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)Wickard v. Filburn (1942)Heart of Atlanta Motel v. United States (1964)Garcia v. San Antonio Metropolitan Transit Authority (1985)United States v. Lopez (1995)Gonzales v. Raich (2005)United States v. Butler (1936)United States v. Kahriger (1953)South Dakota v. Dole (1987) 9. THE EXERCISE OF STATE POWER * Constitutional Principles * Preemption * Negative Implications of the Commerce Clause * State Regulation and the Modern Court * The Role of the Courtv * CASES * Pacific Gas & Electric Company v. State Energy Resources Conservation & Development Commission (1983)Cooley v. Board of Wardens (1852)Granholm v. Heald (2005)Southern Pacific Company v. Arizona (1945)Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997) 10. THE CONSTITUTION AND NATIVE AMERICAN TRIBES * Native American Tribes and the New Republic * Tribal Self-Determination * Tribal Authority over Disposition of Lands * Tribal Authority to Institute a Government * Tribal Authority to Enter into Treaties * Tribes and Their Relation to the States * Tribal Authority to Administer Justice * Tribal Authority to Engage in Indian Gaming * CASES * Cherokee Nation v. Georgia (1831)Worcester v. Georgia (1832)United States v. Kagama (1886)Johnson v. McIntosh (1823)Lone Wolf v. Hitchcock (1903)McClanahan v. Arizona State Tax Commission (1973)Public Law 280 (1953)United States v. Lara (2004)Plains Commerce Bank v. Long Family Land and Cattle Company (2008)California v. Cabazon Band of Mission Indians (1987) 11. THE CONTRACT CLAUSE * Marshalls Expansion of the Contract Clause * The Decline of the Contract Clause * A Continued Relevance? * CASES * Fletcher v. Peck (1810)Dartmouth College v. Woodward (1819)Charles River Bridge Company v. Warren Bridge Company (1837)Home Building and Loan Association v. Blaisdell (1934)United States Trust Company v. New Jersey (1977) 12. ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE * The Fourteenth Amendment * The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause * Economic Regulation and the Rise of Substantive Due Process * The Demise of Substantive Due Process in the Economic Realm * Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm? * The Emergence of Substantive Due Process in the Civil Liberties Realm * The Takings Clause * CASES * The Slaughter-House Cases (1873)Saenz v. Roe (1999)Munn v. Illinois (1877)Lochner v. New York (1905)West Coast Hotel Company v. Parrish (1937)Williamson v. Lee Optical Company (1955)State Farm Mutual Automobile Insurance Company v. Campbell (2003)United States v. Carolene Products Company(1938)Kelo v. City of New London (2005)Nollan v. California Coastal Commission (1987)Lucas v. South Carolina Coastal Council (1992)Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002)Dolan v. City of Tigard (1994) THE CONSTITUTION OF THE UNITED STATES OF AMERICA JUSTICES OF THE SUPREME COURT GLOSSARY OF COMMON LEGAL TERMS TABLE OF CASES
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