Constitutional law

By:

Sullivan, Kathleen M

Contributor(s):

Feldman, Noah, 1970- [author.]

Material type: Text

TextSeries: University casebook seriesPublication details: Foundation Press/ Thomson Reuters, 2013 AmerikaEdition: Eighteenth editionDescription: lxxix, 1651 pages ; 26 cm. +ISBN:

9781609302511

Subject(s):

Constitutional law -- United States -- Cases

Genre/Form:

Casebooks.

DDC classification:

342.73 SUL.C

Online resources:

Table of contents only

Summary: Contents Machine generated contents note: ch. 1 The Supreme Court's Authority and Role Section 1 The Power of Judicial Review Marbury v. Madison The Background and Meaning of Marbury v. Madison Section 2 Supreme Court Authority to Review State Court Judgments Martin v. Hunter's Lessee Further Clashes Between Supreme Court and State Court Authority Section 3 Judicial Exclusivity in Constitutional Interpretation Cooper v. Aaron The Authoritativeness of Supreme Court Decisions Political Restraints on the Supreme Court Section 4 Constitutional and Prudential Limits on Constitutional Adjudication: The "Case or Controversy" Requirements Advisory Opinions Standing Lujan v. Defenders of Wildlife Massachusetts v. Environmental Protection Agency The Constitutional and Prudential Elements of Standing Mootness and Ripeness Political Questions Baker v. Carr Distinguishing Legal From Political Questions Contents note continued: ch. 2 Federalism: History and Principles Section 1 The Location of Sovereignty in the Federal System McCulloch v. Maryland The Background and Meaning of McCulloch v. Maryland U.S. Term Limits, Inc. v. Thornton Term Limits and McCulloch Section 2 The Limits of the Necessary and Proper Clause United States v. Comstock Federalism-Based Limits on the Necessary and Proper Clause? Section 3 Values Served by Federalism ch. 3 The Commerce Power and Its Federalism-Based Limits Section 1 The Commerce Power Before the New Deal Gibbons v. Ogden Judicial Limits on the Commerce Power Hammer v. Dagenhart [The Child Labor Case] Section 2 The Commerce Power and the New Deal Section 3 The Commerce Power After the New Deal NLRB v. Jones & Laughlin Steel Corp. United States v. Darby Wickard v. Filburn Judicial Deference Toward Exercise of the Commerce Power Section 4 The Contemporary Commerce Power Contents note continued: United States v. Lopez Rehnquist-Era Restrictions on the Commerce Power United States v. Morrison The Commerce Power Strikes Back? Gonzales v. Raich Commerce Clause Review Leading Up to the Affordable Care Act National Federation of Independent Business v. Sebelius NFIB and the Commerce Power Section 5 The Tenth Amendment as an External Constraint on the Federal Commerce Power New York v. United States The Scope and Limits of the Anticommandeering Principle Section 6 State Sovereign Immunity and the Eleventh Amendment ch. 4 The National Taxing and Spending Powers and Their Federalism-Based Limits Section 1 The Taxing Power as a Regulatory Device Child Labor Tax Case [Bailey v. Drexel Furniture Co.] The Taxing Power as a Federal Regulatory Device After NFIB Section 2 The Spending Power as a Regulatory Device United States v. Butler Contents note continued: The Spending Power After the New Deal South Dakota v. Dole The Spending Power Between Dole and NFIB The Spending Power After NFIB ch. 5 Federal Limits on State Regulation of Interstate Commerce Section 1 The Dormant Commerce Clause The Nondiscrimination Principle The History of the Dormant Commerce Clause The Nascent Dormant Commerce Clause Cooley v. Board of Wardens The Meaning and Implications of Cooley Facial Discrimination Against Out-of-State Commerce Philadelphia v. New Jersey Home Processing Requirements Dean Milk Co. v. Madison C & A Carbone, Inc. v. Clarkstown United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority The Dean Milk-Carbone-United Haulers Trilogy The Market Participant Exception South-Central Timber Development, Inc. v. Wunnicke Contents note continued: The Theory and Limits of the Market Participant Exception Facially Neutral Laws With Protectionist Purpose or Effect Baldwin v. G.A.F. Seelig, Inc. H.P. Hood & Sons v. Du Mond Identifying Protectionism in Facially Neutral Laws Facially Neutral Laws With a Disproportionate Adverse Effect on Commerce Kassel v. Consolidated Freightways Corp. Balancing Interstate Harm Against Local Benefit Section 2 The Interstate Privileges and Immunities Clause of Article IV United Building & Construction Trades Council v. Mayor and Council of Camden The Scope and Limits of Interstate Privileges and Immunities Section 3 Congressional Ordering of Federal-State Relationships by Preemption and Consent Congressional Preemption of State Regulation Pacific Gas & Elec. Co. v. State Energy Resources Conservation & Development Comm'n Modes of Preemption Analysis Congressional Consent to State Regulation Contents note continued: Section 4 Other Aspects of Federal-State Relationships State Taxation of Interstate Business Intergovernmental Tax Immunities Intergovernmental Regulatory Immunities Mutual Obligations Among the States ch. 6 Separation of Powers Section 1 Executive Assertions of Power Youngstown Sheet & Tube Co. v. Sawyer [The Steel Seizure Case] Executive Authority to Make National Domestic Policy Executive Authority Over Foreign and Military Affairs Dames & Moore v. Regan Dames & Moore in Light of Youngstown Section 2 Executive Discretion in Times of War or Terrorism The President, Congress, and War Powers Emergency Constitutionalism Executive Detention and Trial of "Enemy Combatants" Ex Parte Quirin Quirin and the Executive Response to 9/11 Hamdi v. Rumsfeld The Scope of Hamdi Hamdan v. Rumsfeld The Aftermath of Hamdan Boumediene v. Bush Assessing Hamdi, Hamdan and Boumediene Contents note continued: Section 3 Congressional Attempts to Restrain and Enable the Executive Congressional Control Over the Actions of the Executive Branch INS v. Chadha Bicameralism and Presentment Clinton v. New York Congressional Control Over Executive Officers Bowsher v. Synar Morrison v. Olson The Aftermath of Morrison v. Olson Section 4 Congressional War and Treaty Powers, and the Implied Power Over Foreign Affairs Woods v. Cloyd W. Miller Co. Missouri v. Holland The War and Treaty Powers Section 5 Executive Privileges, Immunities and Congress's Power of Impeachment United States v. Nixon The Scope and Limits of Executive Privilege Clinton v. Jones The Implications and Aftermath of Clinton v. Jones ch. 7 The Post-Civil War Amendments and the "Incorporation" of Fundamental Rights Section 1 Individual Rights Before the Civil War Barron v. Mayor and City Council of Baltimore Dred Scott v. Sandford Contents note continued: The Aftermath of Dred Scott Section 2 The Post-Civil War Amendments Slaughter-House Cases The Meaning of the Slaughter-House Cases Saenz v. Roe Saenz v. Roe and the "Right to Travel" Section 3 The "Incorporation" of the Bill of Rights Through the Due Process Clause Duncan v. Louisiana Incorporation Since Duncan McDonald v. City of Chicago The Historical Implications of Heller and McDonald ch. 8 Due Process Section 1 Substantive Due Process and Economic Liberties Lochner v. New York The Meaning and Implications of Lochner Nebbia v. New York The Demise of Lochner After the New Deal Minimum Rationality Review of Economic Legislation Williamson v. Lee Optical Co. Closer Scrutiny of Economic Classifications? Section 2 Substantive Due Process and Privacy Substantive Due Process, Childbearing, and Contraception Griswold v. Connecticut The Meaning and Implications of Griswold Contents note continued: Substantive Due Process and Abortion Roe v. Wade The Meaning and Implications of Roe v. Wade Planned Parenthood of Southeastern Pa. v. Casey The Meaning and Implications of Casey Gonzales v. Carhart Substantive Due Process and Marriage and Family Relationships Substantive Due Process and Sexuality Lawrence v. Texas The Meaning and Implications of Lawrence v. Texas Substantive Due Process and Rights Over Death Washington v. Glucksberg The Meaning and Implications of Glucksberg Section 3 Procedural Due Process and the Right to a Hearing Defining "Property" and "Liberty" What Process Is "Due"? Section 4 Textual Guarantees of Economic Liberties: The Takings Clause and the Contracts Clause The Takings Clause The "Public Use" Requirement Kelo v. City of New London The Meaning and Implications of Kelo Regulatory "Takings" Pennsylvania Coal Co. v. Mahon Contents note continued: The Meaning and Implications of Pennsylvania Coal The Contracts Clause Home Building & Loan Ass'n v. Blaisdell The Scope and Limits of Blaisdell ch. 9 Equal Protection Section 1 Minimum Rationality Review of Economic Regulation Railway Express Agency v. New York Judicial Deference to Economic Regulation U.S. Railroad Retirement Bd. v. Fritz Should Rationality Review Be Stricter? Section 2 Race Discrimination The Unconstitutionality of Racial Segregation Brown v. Board of Education [Brown I] The Meaning and Implications of Brown v. Board Implementing Brown v. Board Eliminating Other Vestiges of Segregation Loving v. Virginia Facial Discrimination Against Racial Minorities Racially Discriminatory Purpose and Effect Washington v. Davis The Meaning and Implications of Washington v. Davis Affirmative Action and Race Preferences Regents of Univ. of California v. Bakke Contents note continued: Bakke and Amicus Briefs Race Preferences in Employment and Contracting Adarand Constructors, Inc. v. Pena Affirmative Action After Croson and Adarand Grutter v. Bollinger Gratz v. Bollinger The Meaning and Implications of Grutter and Gratz Racial Diversity in K-12 Public Education Parents Involved in Community Schools v. Seattle School District The Meaning and Implications of Parents Involved Race Preferences in Electoral Districting Shaw v. Reno [Shaw I] The Aftermath of Shaw I Section 3 Sex Discrimination Discriminating on the Basis of Sex Craig v. Boren Sex Equality After Craig v. Boren United States v. Virginia Sex Equality and Sex Differences Sex-Based Purpose and Effect Sex-Based Preferences: Affirmative Action for Women Section 4 Discrimination Based on Sexual Orientation Romer v. Evans The Meaning and Implications of Romer Contents note continued: Section 5 Discrimination Based on Other Potentially "Suspect" Classifications Alienage Disability, Age, Poverty Cleburne v. Cleburne Living Center, Inc. The Cabining of Suspect Classifications Section 6 The "Fundamental Interests" Branch of Equal Protection Fundamental Interest in Voting Harper v. Virginia State Board of Elections Kramer v. Union Free School District No. 15 Strict Scrutiny of Vote Denials Vote "Dilution": Reapportionment and Gerrymandering Reynolds v. Sims Judicial Scrutiny of Political Gerrymanders Davis v. Bandemer Political Gerrymanders After Davis Fundamental Right of Access to Courts Economic Barriers and the Criminal Process Economic Barriers and Civil Litigation M.L.B. v. S.L.J. No Fundamental Interest in Food, Shelter, Education San Antonio Independent School Dist. v. Rodriguez ch. 10 Congress's Civil Rights Enforcement Powers Contents note continued: Section 1 The Civil Rights Statutes of the Reconstruction Era Section 2 The Requirement of State Action Civil Rights Cases The Scope and Limits of State Action After the Civil Rights Cases Shelley v. Kraemer State Action After Shelley v. Kraemer Jackson v. Metropolitan Edison Co. The State Action Doctrine After Jackson and Moose Lodge Section 3 Congressional Power to Reach Private Interference With Constitutional Rights United States v. Guest Criminal Sanctions for Private Interference With Fourteenth Amendment Rights Civil Sanctions for Private Interference With Fourteenth Amendment Rights Congressional Power to Reach Private Conduct Under the Thirteenth Amendment Jones v. Alfred H. Mayer Co. Thirteenth Amendment Powers and the 1866 Civil Rights Act Section 4 Congressional Power to Enforce Civil Rights Under [§] 5 of the 14th Amendment Congressional Protection of Voting Rights Contents note continued: Katzenbach v. Morgan The Meaning and Aftermath of Katzenbach v. Morgan City of Boerne v. Flores The Meaning and Scope of Boerne The Meaning and Scope of Morrison ch. 11 Freedom of Speech -Categories of Speech -Degrees of Protected Expression Section 1 Free Speech: An Overview First Amendment History First Amendment Theory First Amendment Jurisprudence Section 2 Incitement to Violence Schenck v. United States The "Clear and Present Danger" Test Abrams v. United States Alternatives to Clear and Present Danger Masses Publishing Co. v. Patten Comparing the Holmes and Hand Approaches Gitlow v. New York Whitney v. California Criminal Anarchy and Syndicalism Laws Dennis v. United States "Clear and Present Danger" After Dennis Brandenburg v. Ohio The Meaning and Implications of Brandenburg Section 3 Fighting Words and Hostile Audiences Fighting Words Contents note continued: Chaplinsky v. New Hampshire Fighting Words Since Chaplinsky Hostile Audiences and the Heckler's Veto Early Hostile Audiences Cases Feiner v. New York Distinguishing Feiner in Later Cases Cohen v. California Offensive Speech Section 4 Injury by Speech: Groups Group Libel Beauharnais v. Illinois The Legacy of Beauharnais Hate Speech Collin v. Smith R.A.V. v. City of St. Paul The Meaning and Implications of R.A.V. Virginia v. Black Section 5 Injury by Speech: Individuals Libel New York Times Co. v. Sullivan The Meaning and Implications of New York Times The Scope of New York Times Gertz v. Robert Welch, Inc. Defamation of Private Parties After Gertz Privacy Torts Bartnicki v. Vopper Intentional Infliction of Emotional Distress Hustler Magazine v. Falwell Snyder v. Phelps United States v. Alvarez Section 6 Sexually Explicit Expression Obscenity Contents note continued: Roth v. United States; Alberts v. California Obscenity Between Roth and Miller Miller v. California Paris Adult Theatre I v. Slaton Obscenity Law After Miller and Paris Sexually Explicit but Nonobscene Expression Regulating Pornography as Subordination of Women American Booksellers Ass'n v. Hudnut Hudnut and the Social Harms of Pornography Nudity Bans Erznoznik v. Jacksonville Nudity Bans After Erznoznik Zoning for Sexual Commercial Activity Young v. American Mini Theatres Renton v. Playtime Theatres, Inc. City of Los Angeles v. Alameda Books, Inc. Zoning Laws and Secondary Effects Child Pornography New York v. Ferber Child Pornography as Unprotected Speech Section 7 Speech and New Media Reaching New Audiences FCC v. Pacifica Foundation The Limits of Pacifica Sable Communications, Inc. v. FCC Total Bans on Indecent Speech on Cable and Online Contents note continued: Reno v. American Civil Liberties Union "Community Standards" and Online Regulations After Reno Catering to Underground Markets United States v. Stevens Subcultures and Online Speech Simulating Reality Ashcroft v. Free Speech Coalition Brown v. Entertainment Merchants Ass'n Section 8 Commercial Speech Virginia Pharmacy Board v. Virginia Citizens Consumer Council Commercial Speech and First Amendment Theory Commercial Speech After Virginia Pharmacy Central Hudson Gas v. Public Service Comm'n Commercial Speech Regulation After Central Hudson 44 Liquormart, Inc. v. Rhode Island Commercial Speech Regulation After Liquormart ch. 12 Freedom of Speech -Modes of Regulation and Standards of Review Section 1 Content-Based and Content-Neutral Regulations The Distinction Between Content-Based and Content-Neutral Laws Content-Neutral Regulation and Symbolic Conduct United States v. O'Brien Contents note continued: The Significance of O'Brien Flag Desecration Texas v. Johnson Texas v. Johnson and Its Aftermath Holder v. Humanitarian Law Project The Implications of Humanitarian Law Project Nude Dancing Section 2 Government's Power to Limit Speech as Quasi-Private Actor Public Forums and Public Property Early Public Forum Cases The "Time, Place and Manner" Test Public Order and Safety Aesthetics Members of City Council v. Taxpayers for Vincent Clark v. Community for Creative Non-Violence Tranquility, Privacy and Repose Invalid Time, Place or Manner Regulation Speaker Access to Public Places Other Than Traditional Public Forums Libraries, Jails and Schools Buses, Theaters, and Military Bases Public and Nonpublic Forums Religious Speech on Public Property Spheres of Government Control Speech in Public Schools Speech and Association by Public Employees and Contractors Public Employee Speech Contents note continued: Connick v. Myers Pickering and Connick Compared Public Employee Political Party Affiliation Speech-Restrictive Conditions on Public Funds Section 3 Overbreadth, Vagueness, and Prior Restraint Overbreadth Vagueness Prior Restraint Licensing Injunctions Near v. Minnesota Prior Restraint and National Security New York Times Co. v. United States [The Pentagon Papers Case] The Scope and Limits of Pentagon Papers Prior Restraint and Fair Trial ch. 13 Beyond Speaking -Compelled Speech, Association, Money, and the Media Section 1 Compelled Speech: The Right Not to Speak Compelled Individual Speech State Compelled Access to Private Forums Compelled Speech, Commercial Speech, and Economic Regulation Compelled Speech and Private Discrimination Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston [GLIB] Hurley's Reach Section 2 Freedom of Expressive Association Contents note continued: Compelled Disclosure of Membership NAACP v. Alabama Compelled Disclosure in the Civil Rights Era Compelled Disclosure of Political Campaign Contributions Restrictions on Organizational Activity NAACP v. Button The Meaning and Implications of NAACP v. Button Denial of Government Benefits Because of Association Compelled Association: The Right Not to Associate Boy Scouts of America v. Dale Dale and Compelled Speech and Association Freedom of Association and Political Party Procedures Section 3 Money and Political Campaigns Buckley v. Valeo Buckley's Approach and Aftermath Parties, Corporations, PACs, Super PACs and Political Money Enactment of and Constitutional Challenges to BCRA McConnell v. Federal Election Commission Federal Election Comm'n v. Wisconsin Right to Life McConnell Compared with WRTL and Citizens United Citizens United v. Federal Election Commission After Citizens United Contents note continued: Section 4 Journalism and Media Press Access to Government Information Governmental Demands for Information From the Press Branzburg v. Hayes Journalistic Privilege After Branzburg Laws Singling Out the Press Minneapolis Star & Tribune Co. v. Minnesota Comm'r of Revenue The Implications and Limits of Minneapolis Star The First Amendment and the Broadcast Media Scarcity and Access The Information Age ch. 14 The Religion Clauses: Free Exercise and Establishment Section 1 A History of the Religion Clauses Section 2 The Definition of "Religion" The Limits of Judicial Inquiry into Religious Belief Section 3 The Free Exercise of Religion Laws Discriminating Against Religion Church of the Lukumi Babalu Aye v. City of Hialeah Identifying Antireligious Purpose Religious Exemptions Sherbert v. Verner Limiting the Scope of Mandatory Religious Exemptions? Contents note continued: Employment Division, Dept. of Human Resources v. Smith Smith and Religious Exemptions Section 4 The Establishment Clause Public Financial Aid to Religious Institutions Everson v. Board of Education Maintaining a "Wall of Separation"? Mueller v. Allen Religious Inclusion in Public Subsidies: Everson vs. Mueller Zelman v. Simmons-Harris The Meaning and Implications of Zelman Religion in Public Schools Prayer in Public Schools Lee v. Weisman Coercion vs. Endorsement Religion and the Public School Curriculum Edwards v. Aguillard Defining Religion vs. Science Public Displays of Religious Symbols Lynch v. Donnelly Applying the Endorsement Test McCreary County v. ACLU of Kentucky Van Orden v. Perry Section 5 Reconciling the Religion Clauses Values Reconciling the Religion Clauses Refusing to Grant Religious Exemptions Legislative Accommodation of Religion.

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Includes bibliographical references and index.

Contents
Machine generated contents note: ch. 1 The Supreme Court's Authority and Role
Section 1 The Power of Judicial Review
Marbury v. Madison
The Background and Meaning of Marbury v. Madison
Section 2 Supreme Court Authority to Review State Court Judgments
Martin v. Hunter's Lessee
Further Clashes Between Supreme Court and State Court Authority
Section 3 Judicial Exclusivity in Constitutional Interpretation
Cooper v. Aaron
The Authoritativeness of Supreme Court Decisions
Political Restraints on the Supreme Court
Section 4 Constitutional and Prudential Limits on Constitutional Adjudication: The "Case or Controversy" Requirements
Advisory Opinions
Standing
Lujan v. Defenders of Wildlife
Massachusetts v. Environmental Protection Agency
The Constitutional and Prudential Elements of Standing
Mootness and Ripeness
Political Questions
Baker v. Carr
Distinguishing Legal From Political Questions
Contents note continued: ch. 2 Federalism: History and Principles
Section 1 The Location of Sovereignty in the Federal System
McCulloch v. Maryland
The Background and Meaning of McCulloch v. Maryland
U.S. Term Limits, Inc. v. Thornton
Term Limits and McCulloch
Section 2 The Limits of the Necessary and Proper Clause
United States v. Comstock
Federalism-Based Limits on the Necessary and Proper Clause?
Section 3 Values Served by Federalism
ch. 3 The Commerce Power and Its Federalism-Based Limits
Section 1 The Commerce Power Before the New Deal
Gibbons v. Ogden
Judicial Limits on the Commerce Power
Hammer v. Dagenhart [The Child Labor Case]
Section 2 The Commerce Power and the New Deal
Section 3 The Commerce Power After the New Deal
NLRB v. Jones & Laughlin Steel Corp.
United States v. Darby
Wickard v. Filburn
Judicial Deference Toward Exercise of the Commerce Power
Section 4 The Contemporary Commerce Power
Contents note continued: United States v. Lopez
Rehnquist-Era Restrictions on the Commerce Power
United States v. Morrison
The Commerce Power Strikes Back?
Gonzales v. Raich
Commerce Clause Review Leading Up to the Affordable Care Act
National Federation of Independent Business v. Sebelius
NFIB and the Commerce Power
Section 5 The Tenth Amendment as an External Constraint on the Federal Commerce Power
New York v. United States
The Scope and Limits of the Anticommandeering Principle
Section 6 State Sovereign Immunity and the Eleventh Amendment
ch. 4 The National Taxing and Spending Powers and Their Federalism-Based Limits
Section 1 The Taxing Power as a Regulatory Device
Child Labor Tax Case [Bailey v. Drexel Furniture Co.]
The Taxing Power as a Federal Regulatory Device After NFIB
Section 2 The Spending Power as a Regulatory Device
United States v. Butler
Contents note continued: The Spending Power After the New Deal
South Dakota v. Dole
The Spending Power Between Dole and NFIB
The Spending Power After NFIB
ch. 5 Federal Limits on State Regulation of Interstate Commerce
Section 1 The Dormant Commerce Clause
The Nondiscrimination Principle
The History of the Dormant Commerce Clause
The Nascent Dormant Commerce Clause
Cooley v. Board of Wardens
The Meaning and Implications of Cooley
Facial Discrimination Against Out-of-State Commerce
Philadelphia v. New Jersey
Home Processing Requirements
Dean Milk Co. v. Madison
C & A Carbone, Inc. v. Clarkstown
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
The Dean Milk-Carbone-United Haulers Trilogy
The Market Participant Exception
South-Central Timber Development, Inc. v. Wunnicke
Contents note continued: The Theory and Limits of the Market Participant Exception
Facially Neutral Laws With Protectionist Purpose or Effect
Baldwin v. G.A.F. Seelig, Inc.
H.P. Hood & Sons v. Du Mond
Identifying Protectionism in Facially Neutral Laws
Facially Neutral Laws With a Disproportionate Adverse Effect on Commerce
Kassel v. Consolidated Freightways Corp.
Balancing Interstate Harm Against Local Benefit
Section 2 The Interstate Privileges and Immunities Clause of Article IV
United Building & Construction Trades Council v. Mayor and Council of Camden
The Scope and Limits of Interstate Privileges and Immunities
Section 3 Congressional Ordering of Federal-State Relationships by Preemption and Consent
Congressional Preemption of State Regulation
Pacific Gas & Elec. Co. v. State Energy Resources Conservation & Development Comm'n
Modes of Preemption Analysis
Congressional Consent to State Regulation
Contents note continued: Section 4 Other Aspects of Federal-State Relationships
State Taxation of Interstate Business
Intergovernmental Tax Immunities
Intergovernmental Regulatory Immunities
Mutual Obligations Among the States
ch. 6 Separation of Powers
Section 1 Executive Assertions of Power
Youngstown Sheet & Tube Co. v. Sawyer [The Steel Seizure Case]
Executive Authority to Make National Domestic Policy
Executive Authority Over Foreign and Military Affairs
Dames & Moore v. Regan
Dames & Moore in Light of Youngstown
Section 2 Executive Discretion in Times of War or Terrorism
The President, Congress, and War Powers
Emergency Constitutionalism
Executive Detention and Trial of "Enemy Combatants"
Ex Parte Quirin
Quirin and the Executive Response to 9/11
Hamdi v. Rumsfeld
The Scope of Hamdi
Hamdan v. Rumsfeld
The Aftermath of Hamdan
Boumediene v. Bush
Assessing Hamdi, Hamdan and Boumediene
Contents note continued: Section 3 Congressional Attempts to Restrain and Enable the Executive
Congressional Control Over the Actions of the Executive Branch
INS v. Chadha
Bicameralism and Presentment
Clinton v. New York
Congressional Control Over Executive Officers
Bowsher v. Synar
Morrison v. Olson
The Aftermath of Morrison v. Olson
Section 4 Congressional War and Treaty Powers, and the Implied Power Over Foreign Affairs
Woods v. Cloyd W. Miller Co.
Missouri v. Holland
The War and Treaty Powers
Section 5 Executive Privileges, Immunities and Congress's Power of Impeachment
United States v. Nixon
The Scope and Limits of Executive Privilege
Clinton v. Jones
The Implications and Aftermath of Clinton v. Jones
ch. 7 The Post-Civil War Amendments and the "Incorporation" of Fundamental Rights
Section 1 Individual Rights Before the Civil War
Barron v. Mayor and City Council of Baltimore
Dred Scott v. Sandford
Contents note continued: The Aftermath of Dred Scott
Section 2 The Post-Civil War Amendments
Slaughter-House Cases
The Meaning of the Slaughter-House Cases
Saenz v. Roe
Saenz v. Roe and the "Right to Travel"
Section 3 The "Incorporation" of the Bill of Rights Through the Due Process Clause
Duncan v. Louisiana
Incorporation Since Duncan
McDonald v. City of Chicago
The Historical Implications of Heller and McDonald
ch. 8 Due Process
Section 1 Substantive Due Process and Economic Liberties
Lochner v. New York
The Meaning and Implications of Lochner
Nebbia v. New York
The Demise of Lochner After the New Deal
Minimum Rationality Review of Economic Legislation
Williamson v. Lee Optical Co.
Closer Scrutiny of Economic Classifications?
Section 2 Substantive Due Process and Privacy
Substantive Due Process, Childbearing, and Contraception
Griswold v. Connecticut
The Meaning and Implications of Griswold
Contents note continued: Substantive Due Process and Abortion
Roe v. Wade
The Meaning and Implications of Roe v. Wade
Planned Parenthood of Southeastern Pa. v. Casey
The Meaning and Implications of Casey
Gonzales v. Carhart
Substantive Due Process and Marriage and Family Relationships
Substantive Due Process and Sexuality
Lawrence v. Texas
The Meaning and Implications of Lawrence v. Texas
Substantive Due Process and Rights Over Death
Washington v. Glucksberg
The Meaning and Implications of Glucksberg
Section 3 Procedural Due Process and the Right to a Hearing
Defining "Property" and "Liberty"
What Process Is "Due"?
Section 4 Textual Guarantees of Economic Liberties: The Takings Clause and the Contracts Clause
The Takings Clause
The "Public Use" Requirement
Kelo v. City of New London
The Meaning and Implications of Kelo
Regulatory "Takings"
Pennsylvania Coal Co. v. Mahon
Contents note continued: The Meaning and Implications of Pennsylvania Coal
The Contracts Clause
Home Building & Loan Ass'n v. Blaisdell
The Scope and Limits of Blaisdell
ch. 9 Equal Protection
Section 1 Minimum Rationality Review of Economic Regulation
Railway Express Agency v. New York
Judicial Deference to Economic Regulation
U.S. Railroad Retirement Bd. v. Fritz
Should Rationality Review Be Stricter?
Section 2 Race Discrimination
The Unconstitutionality of Racial Segregation
Brown v. Board of Education [Brown I]
The Meaning and Implications of Brown v. Board
Implementing Brown v. Board
Eliminating Other Vestiges of Segregation
Loving v. Virginia
Facial Discrimination Against Racial Minorities
Racially Discriminatory Purpose and Effect
Washington v. Davis
The Meaning and Implications of Washington v. Davis
Affirmative Action and Race Preferences
Regents of Univ. of California v. Bakke
Contents note continued: Bakke and Amicus Briefs
Race Preferences in Employment and Contracting
Adarand Constructors, Inc. v. Pena
Affirmative Action After Croson and Adarand
Grutter v. Bollinger
Gratz v. Bollinger
The Meaning and Implications of Grutter and Gratz
Racial Diversity in K-12 Public Education
Parents Involved in Community Schools v. Seattle School District
The Meaning and Implications of Parents Involved
Race Preferences in Electoral Districting
Shaw v. Reno [Shaw I]
The Aftermath of Shaw I
Section 3 Sex Discrimination
Discriminating on the Basis of Sex
Craig v. Boren
Sex Equality After Craig v. Boren
United States v. Virginia
Sex Equality and Sex Differences
Sex-Based Purpose and Effect
Sex-Based Preferences: Affirmative Action for Women
Section 4 Discrimination Based on Sexual Orientation
Romer v. Evans
The Meaning and Implications of Romer
Contents note continued: Section 5 Discrimination Based on Other Potentially "Suspect" Classifications
Alienage
Disability, Age, Poverty
Cleburne v. Cleburne Living Center, Inc.
The Cabining of Suspect Classifications
Section 6 The "Fundamental Interests" Branch of Equal Protection
Fundamental Interest in Voting
Harper v. Virginia State Board of Elections
Kramer v. Union Free School District No. 15
Strict Scrutiny of Vote Denials
Vote "Dilution": Reapportionment and Gerrymandering
Reynolds v. Sims
Judicial Scrutiny of Political Gerrymanders
Davis v. Bandemer
Political Gerrymanders After Davis
Fundamental Right of Access to Courts
Economic Barriers and the Criminal Process
Economic Barriers and Civil Litigation
M.L.B. v. S.L.J.
No Fundamental Interest in Food, Shelter, Education
San Antonio Independent School Dist. v. Rodriguez
ch. 10 Congress's Civil Rights Enforcement Powers
Contents note continued: Section 1 The Civil Rights Statutes of the Reconstruction Era
Section 2 The Requirement of State Action
Civil Rights Cases
The Scope and Limits of State Action After the Civil Rights Cases
Shelley v. Kraemer
State Action After Shelley v. Kraemer
Jackson v. Metropolitan Edison Co.
The State Action Doctrine After Jackson and Moose Lodge
Section 3 Congressional Power to Reach Private Interference With Constitutional Rights
United States v. Guest
Criminal Sanctions for Private Interference With Fourteenth Amendment Rights
Civil Sanctions for Private Interference With Fourteenth Amendment Rights
Congressional Power to Reach Private Conduct Under the Thirteenth Amendment
Jones v. Alfred H. Mayer Co.
Thirteenth Amendment Powers and the 1866 Civil Rights Act
Section 4 Congressional Power to Enforce Civil Rights Under [§] 5 of the 14th Amendment
Congressional Protection of Voting Rights
Contents note continued: Katzenbach v. Morgan
The Meaning and Aftermath of Katzenbach v. Morgan
City of Boerne v. Flores
The Meaning and Scope of Boerne
The Meaning and Scope of Morrison
ch. 11 Freedom of Speech
-Categories of Speech
-Degrees of Protected Expression
Section 1 Free Speech: An Overview
First Amendment History
First Amendment Theory
First Amendment Jurisprudence
Section 2 Incitement to Violence
Schenck v. United States
The "Clear and Present Danger" Test
Abrams v. United States
Alternatives to Clear and Present Danger
Masses Publishing Co. v. Patten
Comparing the Holmes and Hand Approaches
Gitlow v. New York
Whitney v. California
Criminal Anarchy and Syndicalism Laws
Dennis v. United States
"Clear and Present Danger" After Dennis
Brandenburg v. Ohio
The Meaning and Implications of Brandenburg
Section 3 Fighting Words and Hostile Audiences
Fighting Words
Contents note continued: Chaplinsky v. New Hampshire
Fighting Words Since Chaplinsky
Hostile Audiences and the Heckler's Veto
Early Hostile Audiences Cases
Feiner v. New York
Distinguishing Feiner in Later Cases
Cohen v. California
Offensive Speech
Section 4 Injury by Speech: Groups
Group Libel
Beauharnais v. Illinois
The Legacy of Beauharnais
Hate Speech
Collin v. Smith
R.A.V. v. City of St. Paul
The Meaning and Implications of R.A.V.
Virginia v. Black
Section 5 Injury by Speech: Individuals
Libel
New York Times Co. v. Sullivan
The Meaning and Implications of New York Times
The Scope of New York Times
Gertz v. Robert Welch, Inc.
Defamation of Private Parties After Gertz
Privacy Torts
Bartnicki v. Vopper
Intentional Infliction of Emotional Distress
Hustler Magazine v. Falwell
Snyder v. Phelps
United States v. Alvarez
Section 6 Sexually Explicit Expression
Obscenity
Contents note continued: Roth v. United States; Alberts v. California
Obscenity Between Roth and Miller
Miller v. California
Paris Adult Theatre I v. Slaton
Obscenity Law After Miller and Paris
Sexually Explicit but Nonobscene Expression
Regulating Pornography as Subordination of Women
American Booksellers Ass'n v. Hudnut
Hudnut and the Social Harms of Pornography
Nudity Bans
Erznoznik v. Jacksonville
Nudity Bans After Erznoznik
Zoning for Sexual Commercial Activity
Young v. American Mini Theatres
Renton v. Playtime Theatres, Inc.
City of Los Angeles v. Alameda Books, Inc.
Zoning Laws and Secondary Effects
Child Pornography
New York v. Ferber
Child Pornography as Unprotected Speech
Section 7 Speech and New Media
Reaching New Audiences
FCC v. Pacifica Foundation
The Limits of Pacifica
Sable Communications, Inc. v. FCC
Total Bans on Indecent Speech on Cable and Online
Contents note continued: Reno v. American Civil Liberties Union
"Community Standards" and Online Regulations After Reno
Catering to Underground Markets
United States v. Stevens
Subcultures and Online Speech
Simulating Reality
Ashcroft v. Free Speech Coalition
Brown v. Entertainment Merchants Ass'n
Section 8 Commercial Speech
Virginia Pharmacy Board v. Virginia Citizens Consumer Council
Commercial Speech and First Amendment Theory
Commercial Speech After Virginia Pharmacy
Central Hudson Gas v. Public Service Comm'n
Commercial Speech Regulation After Central Hudson
44 Liquormart, Inc. v. Rhode Island
Commercial Speech Regulation After Liquormart
ch. 12 Freedom of Speech
-Modes of Regulation and Standards of Review
Section 1 Content-Based and Content-Neutral Regulations
The Distinction Between Content-Based and Content-Neutral Laws
Content-Neutral Regulation and Symbolic Conduct
United States v. O'Brien
Contents note continued: The Significance of O'Brien
Flag Desecration
Texas v. Johnson
Texas v. Johnson and Its Aftermath
Holder v. Humanitarian Law Project
The Implications of Humanitarian Law Project
Nude Dancing
Section 2 Government's Power to Limit Speech as Quasi-Private
Actor
Public Forums and Public Property
Early Public Forum Cases
The "Time, Place and Manner" Test
Public Order and Safety
Aesthetics
Members of City Council v. Taxpayers for Vincent
Clark v. Community for Creative Non-Violence
Tranquility, Privacy and Repose
Invalid Time, Place or Manner Regulation
Speaker Access to Public Places Other Than Traditional Public Forums
Libraries, Jails and Schools
Buses, Theaters, and Military Bases
Public and Nonpublic Forums
Religious Speech on Public Property
Spheres of Government Control
Speech in Public Schools
Speech and Association by Public Employees and Contractors
Public Employee Speech
Contents note continued: Connick v. Myers
Pickering and Connick Compared
Public Employee Political Party Affiliation
Speech-Restrictive Conditions on Public Funds
Section 3 Overbreadth, Vagueness, and Prior Restraint
Overbreadth
Vagueness
Prior Restraint
Licensing
Injunctions
Near v. Minnesota
Prior Restraint and National Security
New York Times Co. v. United States [The Pentagon Papers Case]
The Scope and Limits of Pentagon Papers
Prior Restraint and Fair Trial
ch. 13 Beyond Speaking
-Compelled Speech, Association, Money, and the Media
Section 1 Compelled Speech: The Right Not to Speak
Compelled Individual Speech
State Compelled Access to Private Forums
Compelled Speech, Commercial Speech, and Economic Regulation
Compelled Speech and Private Discrimination
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston [GLIB]
Hurley's Reach
Section 2 Freedom of Expressive Association
Contents note continued: Compelled Disclosure of Membership
NAACP v. Alabama
Compelled Disclosure in the Civil Rights Era
Compelled Disclosure of Political Campaign Contributions
Restrictions on Organizational Activity
NAACP v. Button
The Meaning and Implications of NAACP v. Button
Denial of Government Benefits Because of Association
Compelled Association: The Right Not to Associate
Boy Scouts of America v. Dale
Dale and Compelled Speech and Association
Freedom of Association and Political Party Procedures
Section 3 Money and Political Campaigns
Buckley v. Valeo
Buckley's Approach and Aftermath
Parties, Corporations, PACs, Super PACs and Political Money
Enactment of and Constitutional Challenges to BCRA
McConnell v. Federal Election Commission
Federal Election Comm'n v. Wisconsin Right to Life
McConnell Compared with WRTL and Citizens United
Citizens United v. Federal Election Commission
After Citizens United
Contents note continued: Section 4 Journalism and Media
Press Access to Government Information
Governmental Demands for Information From the Press
Branzburg v. Hayes
Journalistic Privilege After Branzburg
Laws Singling Out the Press
Minneapolis Star & Tribune Co. v. Minnesota Comm'r of Revenue
The Implications and Limits of Minneapolis Star
The First Amendment and the Broadcast Media
Scarcity and Access
The Information Age
ch. 14 The Religion Clauses: Free Exercise and Establishment
Section 1 A History of the Religion Clauses
Section 2 The Definition of "Religion"
The Limits of Judicial Inquiry into Religious Belief
Section 3 The Free Exercise of Religion
Laws Discriminating Against Religion
Church of the Lukumi Babalu Aye v. City of Hialeah
Identifying Antireligious Purpose
Religious Exemptions
Sherbert v. Verner
Limiting the Scope of Mandatory Religious Exemptions?
Contents note continued: Employment Division, Dept. of Human Resources v. Smith
Smith and Religious Exemptions
Section 4 The Establishment Clause
Public Financial Aid to Religious Institutions
Everson v. Board of Education
Maintaining a "Wall of Separation"?
Mueller v. Allen
Religious Inclusion in Public Subsidies: Everson vs. Mueller
Zelman v. Simmons-Harris
The Meaning and Implications of Zelman
Religion in Public Schools
Prayer in Public Schools
Lee v. Weisman
Coercion vs. Endorsement
Religion and the Public School Curriculum
Edwards v. Aguillard
Defining Religion vs. Science
Public Displays of Religious Symbols
Lynch v. Donnelly
Applying the Endorsement Test
McCreary County v. ACLU of Kentucky
Van Orden v. Perry
Section 5 Reconciling the Religion Clauses
Values Reconciling the Religion Clauses
Refusing to Grant Religious Exemptions
Legislative Accommodation of Religion.

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