The bill of rights and subsequent amendments

著者

書誌事項

The bill of rights and subsequent amendments

(American constitutional law / Ralph A. Rossum, G. Alan Tarr, v. 2)

Westview Press, c2010

8th ed

大学図書館所蔵 件 / 9

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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 individuals rights and responsibilities and incorporates nine new cases, including District of Columbia v. Heller, In re Marriage Cases, Kennedy v. Louisiana, and Parents Involved in Community Schools v. Seattle School District No. 1.

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. Rights Under the Constitution * Rights and the Founding * The Fourteenth Amendment * Due Process and the Bill of Rights * Rights During Wartime and Other Emergencies * The Second Amendment * Cases * Barron v. Baltimore (1833)Palko v. Connecticut (1937)Adamson v. California (1947)Duncan v. Louisiana (1968)Ex parte Milligan (1866)Korematsu v. United States (1944)Hamdi v. Rumsfeld (2004)Boumediene v. Bush (2008)District of Columbia v. Heller (2008) 4. 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) 5. Freedom of Speech, Press, and Association * The Meaning of the First Amendment * First Amendment Standards * Political Expression * The Regulation of Speech and Association * Restraints on the Press * Libel and Invasion of Privacy * Obscenity * Cases * Gitlow v. New York (1925)Schenck v. United States (1919)Dennis v. United States (1951)Barenblatt v. United States (1959)Brandenburg v. Ohio (1969)McConnell v. Federal Election Commission (2003)Boy Scouts of America v. Dale (2000)Texas v. Johnson (1989)R.A.V. v. City of St. Paul (1992)Hill v. Colorado (2000)Near v. Minnesota (1931)New York Times Company v. United States (1971)Branzburg v. Hayes (1972)Memorandum Opinion and Order, Federal Communications Commission (1987)New York Times v. Sullivan (1964)Miller v. California / Paris Adult Theater I v. Slaton (1973)Reno v. American Civil Liberties Union (1997)Indianapolis Anti-Pornography Ordinance (1984) 6. Freedom of Religion * Establishment of Religion * Free Exercise of Religion * Reconciling the Religion Clauses * Trends and Prospects * Cases * Everson v. Board of Education (1947)School District of Abington Township v. Schempp (1963)Lemon v. Kurtzman (1971)Wallace v. Jaffree (1985)Lee v. Weisman (1992)McCreary County v. American Civil Liberties Union (2005)Van Orden v. Perry (2005)Rosenberger v. University of Virginia (1995)Zelman v. Simmons-Harris (2002)West Virginia Board of Education v. Barnette (1943)Sherbert v. Verner (1963)Lyng v. Northwest Indian Cemetery Protective Association (1988)Employment Division, Department of Human Resources of Oregon v. Smith (1990)City of Boerne v. Flores, Archbishop of San Antonio (1997) 7. Criminal Procedure * The Ex Post Facto Clauses * Search and Seizure * Self-Incrimination and Coerced Confessions * Due Process of Law * The Right to Counsel * The Insanity Defense * The Entrapment Defense * Trial by Jury * The Right to a Speedy Trial * The Right to Confrontation * Plea Bargaining * Bail and Pretrial Detention * Cruel and Unusual Punishments * Prisoners Rights * Retroactive Application of Criminal Procedure Guarantees * Basic Themes in the Courts Criminal Procedure Decisions * Cases * Stogner v. California (2003)Smith v. Doe (2003)Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002)Indianapolis v. Edmond (2000)Mapp v. Ohio (1961)Olmstead v. United States (1928) Katz v. United States (1967)Miranda v. Arizona (1966)Dickerson v. United States (2000)Nix v. Williams (1984)Connecticut Department of Public Safety v. Doe (2003)Powell v. Alabama (1932)Gideon v. Wainwright (1963)Clark v. Arizona (2006)Jacobson v. United States (1992)Blakely v. Washington (2004)Davis v. Washington (2006)Gregg v. Georgia (1976)Roper v. Simmons (2005)Kennedy v. Louisiana (2008)Harmelin v. Michigan (1991)Ewing v. California (2003) 8. The Equal Protection Clause and Racial Discrimination * Race and the Founding * Racial Desegregation * Private Discrimination and the Concept of State Action * Racial Discrimination in Jury Trials * Racial Discrimination in Prisons * Proof of Discrimination: Impact Versus Intent * Cases * Plessy v. Ferguson (1896)Brown v. Board of Education (1954)Bolling v. Sharpe (1954)Brown v. Board of Education (1955)Swann v. Charlotte-Mecklenburg Board of Education (1971)Milliken v. Bradley (1974)United States v. Fordice (1992)Missouri v. Jenkins (1995)Shelley v. Kraemer (1948)Moose Lodge No. 107 v. Irvis (1972)Georgia v. McCollum (1992)Johnson v. California (2005)Wards Cove Packing Co. v. Atonio (1989)The Civil Rights Act of 1991 9. Substantive Equal Protection * The Two-Tier Approach * The Development of an Intermediate Level of Review * Suspect Classifications * Fundamental Rights * The Future of Equal Protection Analysis * Cases * Richmond v. Croson Company (1989)Adarand Constructors, Inc. v. Pena (1995)Grutter v. Bollinger (2003)Gratz v. Bollinger (2003)Parents Involved in Community Schools v. Seattle School District No. 1 (2007)Foley v. Connelie (1978)Trimble v. Gordon (1977)Massachusetts Board of Retirement v. Murgia (1976)Frontiero v. Richardson (1973)United States v. Virginia (1996)Rostker v. Goldberg (1981)Shapiro v. Thompson (1969)San Antonio Independent School District v. Rodriguez (1973)Nordlinger v. Hahn (1992) 10. Voting and Representation * Equal Protection and the Right to Vote * Race and Representation: The Fifteenth Amendment and the Voting Rights Act * Cases * Wesberry v. Sanders (1964)Reynolds v. Sims (1964)Vieth v. Jubelirer (2004)Harper v. Virginia State Board of Elections (1966)Dunn v. Blumstein (1972)Crawford v. Marion County Election Board (2008)Bush v. Gore (2000)Katzenbach v. Morgan (1966)Thornburg v. Gingles (1986)Shaw v. Reno (1993)League of United Latin American Citizens v. Perry (2006) 11. The Right to Privacy * The Constitutional Basis * What the Right to Privacy Protects * Qualifications on the Right to Privacy * Privacy and the Right to Die * Cases * Troxel v. Granville (2000)Griswold v. Connecticut (1965)Roe v. Wade (1973)Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)Gonzales v. Carhart (2007)Lawrence v. Texas (2003)In re Marriage Cases (2008)Defense of Marriage Act of 1996Cruzan v. Director, Missouri Department of Health (1990)Washington v. Glucksberg (1997)Vacco v. Quill (1997) 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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