Constitutional law for a changing America : institutional powers and constraints

Bibliographic Information

Constitutional law for a changing America : institutional powers and constraints

Lee Epstein, Thomas G. Walker

CQ Press, Sage, c2020

10th ed

  • : pbk

Other Title

Institutional powers and constraints

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Includes bibliographical references and indexes

Description and Table of Contents

Description

Combining the 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. 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.

Table of Contents

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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Details

  • NCID
    BB29621940
  • ISBN
    • 9781544317908
  • LCCN
    2018043958
  • Country Code
    us
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Thousand Oaks, Calif.
  • Pages/Volumes
    xviii, 765 p.
  • Size
    26 cm
  • Classification
  • Subject Headings
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