Constitutional law for a changing America : institutional powers and constraints
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Bibliographic Information
Constitutional law for a changing America : institutional powers and constraints
CQ Press, Sage, c2020
10th ed
- : pbk
- Other Title
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Institutional powers and constraints
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Note
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
by "Nielsen BookData"
