Constitutional Law for a Changing America
by Epstein, Lee; Walker, Thomas G.Format: Hardcover
Pub. Date: 1995-11-01
Publisher(s): Cq Pr
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Author Biography
Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University Thomas G. Walker is professor and chair of the Department of Political Science at Emory University, where he teaches constitutional law and the judicial process
Table of Contents
| Preface | p. xvii |
| The U.S. Constitution | |
| An Introduction to the U.S. Constitution | p. 3 |
| The Road to the U.S. Constitution | p. 3 |
| Underlying Principles of the Constitution | p. 7 |
| Readings | p. 11 |
| Understanding the U.S. Supreme Court | p. 13 |
| Processing Supreme Court Cases | p. 13 |
| Supreme Court Decisionmaking: Legally Relevant Approaches | p. 24 |
| Supreme Court Decisionmaking: Extralegal Approaches | p. 35 |
| Conducting Research on the Supreme Court | p. 47 |
| Readings | p. 49 |
| Institutional Authority | |
| Structuring the Federal System | p. 55 |
| Origins of the Separation of Powers/Checks and Balances System | p. 55 |
| Separation of Powers and the Constitution | p. 57 |
| Contemporary Thinking on the Constitutional Scheme: Separation of Powers Games | p. 58 |
| Readings | p. 60 |
| The Judiciary | p. 61 |
| Establishment of the Federal Judiciary | p. 62 |
| Judicial Review | p. 66 |
| Marbury v. Madison (1803) | p. 66 |
| Martin v. Hunter's Lessee (1816) | p. 78 |
| Eakin v. Raub (1825) | p. 87 |
| Constraints on Judicial Power: Article III | p. 91 |
| Ex parte McCardle (1869) | p. 92 |
| Baker v. Carr (1962) | p. 99 |
| Nixon v. United States (1993) | p. 105 |
| Flast v. Cohen (1968) | p. 110 |
| Constraints on Judicial Power: The Separation of Powers/Checks and Balances System | p. 117 |
| Readings | p. 119 |
| The Legislature | p. 121 |
| Article I: Historical Overview | p. 121 |
| Congressional Authority over Internal Affairs: Institutional Independence and Integrity | p. 125 |
| Powell v. McCormack (1969) | p. 128 |
| U.S. Term Limits v. Thornton (1995) | p. 134 |
| Gravel v. United States (1972) | p. 142 |
| Sources and Scope of Legislative Powers | p. 147 |
| McCulloch v. Maryland (1819) | p. 149 |
| McGrain v. Daugherty (1927) | p. 157 |
| Watkins v. United States (1957) | p. 161 |
| Barenblatt v. United States (1959) | p. 166 |
| United States v. Curtiss-Wright Export Corp. (1936) | p. 174 |
| South Carolina v. Katzenbach (1966) | p. 179 |
| Readings | p. 183 |
| The Executive | p. 185 |
| Article II: Basic Considerations | p. 185 |
| The Faithful Execution of the Laws: Defining the Contours of Presidential Power | p. 194 |
| In re Neagle (1890) | p. 194 |
| Domestic Powers of the President | p. 200 |
| Clinton v. City of New York (1998) | p. 201 |
| Morrison v. Olson (1988) | p. 206 |
| Myers v. United States (1926) | p. 216 |
| Humphrey's Executor v. United States (1935) | p. 220 |
| United States v. Nixon (1974) | p. 224 |
| Mississippi v. Johnson (1867) | p. 229 |
| Nixon v. Fitzgerald (1982) | p. 232 |
| Clinton v. Jones (1997) | p. 237 |
| Ex parte Grossman (1925) | p. 243 |
| Murphy v. Ford (1975) | p. 246 |
| The President and Foreign Policy | p. 248 |
| United States v. Curtiss-Wright Export Corp. (1936) | p. 248 |
| Readings | p. 251 |
| The Separation of Powers System in Action | p. 252 |
| Domestic Powers | p. 252 |
| Mistretta v. United States (1989) | p. 257 |
| Immigration and Naturalization Service v. Chadha (1983) | p. 262 |
| Bowsher v. Synar (1986) | p. 266 |
| Presidential Power During War and National Emergencies | p. 271 |
| The Prize Cases (1863) | p. 272 |
| Ex parte Milligan (1866) | p. 275 |
| Korematsu v. United States (1944) | p. 283 |
| Youngstown Sheet and Tube Company v. Sawyer (1952) | p. 288 |
| Dames and Moore v. Regan (1981) | p. 293 |
| Readings | p. 296 |
| Nation-State Relations | |
| Allocating Government Power | p. 299 |
| The Framers and Federalism | p. 300 |
| The Tenth and Eleventh Amendments | p. 301 |
| Readings | p. 303 |
| Federalism | p. 305 |
| Nation-State Relations: The Doctrinal Cycle | p. 305 |
| McCulloch v. Maryland (1819) | p. 307 |
| Scott v. Sandford (1857) | p. 313 |
| Hammer v. Dagenhart (1918) | p. 321 |
| United States v. Darby Lumber (1941) | p. 325 |
| National League of Cities v. Usery (1976) | p. 327 |
| Garcia v. San Antonio Metropolitan Transit Authority (1985) | p. 333 |
| New York v. United States (1992) | p. 339 |
| Printz v. United States (1997) | p. 344 |
| The Eleventh Amendment | p. 350 |
| Alden v. Maine (1999) | p. 352 |
| New Judicial Federalism | p. 359 |
| Michigan v. Long (1983) | p. 361 |
| National Preemption of State Laws | p. 369 |
| State of Missouri v. Holland (1920) | p. 369 |
| Crosby v. National Foreign Trade Council (2000) | p. 371 |
| Pennsylvania v. Nelson (1956) | p. 376 |
| Pacific Gas and Electric Company v. State Energy Resources Conservation and Development Commission (1983) | p. 379 |
| Readings | p. 383 |
| The Commerce Power | p. 385 |
| Constitutional Foundations of the Commerce Power | p. 385 |
| Gibbons v. Ogden (1824) | p. 387 |
| Defining Interstate Commerce | p. 391 |
| United States v. E. C. Knight Co. (1895) | p. 393 |
| Stafford v. Wallace (1922) | p. 397 |
| The Supreme Court and the New Deal | p. 399 |
| A. L. A. Schechter Poultry Corp. v. United States (1935) | p. 402 |
| Carter v. Carter Coal Company (1936) | p. 408 |
| National Labor Relations Board v. Jones and Laughlin Steel Corporation (1937) | p. 416 |
| Wickard v. Filburn (1942) | p. 423 |
| Modern Limitations on the Commerce Power | p. 425 |
| United States v. Lopez (1995) | p. 426 |
| United States v. Morrison (2000) | p. 431 |
| Regulating Commerce as a Federal Police Power | p. 436 |
| Champion v. Ames (1903) | p. 438 |
| Heart of Atlanta Motel v. United States (1964) | p. 442 |
| The Commerce Power of the States | p. 444 |
| Cooley v. Board of Wardens (1852) | p. 446 |
| Southern Pacific Company v. Arizona (1945) | p. 450 |
| Hunt v. Washington State Apple Advertising Commission (1977) | p. 454 |
| Maine v. Taylor (1986) | p. 457 |
| Readings | p. 460 |
| The Power to Tax and Spend | p. 462 |
| The Constitutional Power to Tax and Spend | p. 462 |
| Direct Taxes and the Power to Tax Income | p. 463 |
| Pollock v. Farmers' Loan and Trust Co. (1895) | p. 466 |
| Taxation of Exports | p. 472 |
| United States v. United States Shoe Corporation (1998) | p. 472 |
| Intergovernmental Tax Immunity | p. 474 |
| South Carolina v. Baker (1988) | p. 476 |
| Davis v. Michigan Department of Treasury (1989) | p. 478 |
| Taxation as a Regulatory Power | p. 481 |
| McCray v. United States (1904) | p. 482 |
| Bailey v. Drexel Furniture Co. (1922) | p. 485 |
| Taxing and Spending for the General Welfare | p. 488 |
| United States v. Butler (1936) | p. 489 |
| Steward Machine Co. v. Davis (1937) | p. 494 |
| South Dakota v. Dole (1987) | p. 498 |
| Restrictions on the Revenue Powers of the States | p. 501 |
| Michelin Tire Corp. v. Wages (1976) | p. 502 |
| Complete Auto Transit v. Brady (1977) | p. 505 |
| Quill Corp. v. North Dakota (1992) | p. 507 |
| Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon (1994) | p. 511 |
| Readings | p. 514 |
| Economic Liberties | |
| Economic Liberties and Individual Rights | p. 517 |
| Readings | p. 519 |
| The Contract Clause | p. 521 |
| The Framers and the Contract Clause | p. 521 |
| John Marshall and the Contract Clause | p. 523 |
| Fletcher v. Peck (1810) | p. 523 |
| Trustees of Dartmouth College v. Woodward (1819) | p. 528 |
| Decline of the Contract Clause: From the Taney Court to the New Deal | p. 533 |
| Proprietors of Charles River Bridge v. Proprietors of Warren Bridge (1837) | p. 534 |
| Stone v. Mississippi (1880) | p. 539 |
| Home Building and Loan Association v. Blaisdell (1934) | p. 542 |
| Revitalization of the Contract Clause | p. 546 |
| United States Trust Co. v. New Jersey (1977) | p. 546 |
| Allied Structural Steel Co. v. Spannaus (1978) | p. 550 |
| Readings | p. 553 |
| Economic Substantive Due Process | p. 554 |
| The Development of Substantive Due Process | p. 557 |
| The Slaughterhouse Cases (1873) | p. 557 |
| Munn v. Illinois (1877) | p. 564 |
| Allgeyer v. Louisiana (1897) | p. 570 |
| The Roller Coaster Ride of Substantive Due Process: 1898-1923 | p. 572 |
| Lochner v. New York (1905) | p. 573 |
| Muller v. Oregon (1908) | p. 579 |
| The Heyday of Substantive Due Process: 1923-1936 | p. 585 |
| Adkins v. Children's Hospital (1923) | p. 585 |
| The Depression, the New Deal, and the Decline of Substantive Due Process | p. 588 |
| Nebbia v. New York (1934) | p. 588 |
| West Coast Hotel v. Parrish (1937) | p. 593 |
| Williamson v. Lee Optical Company (1955) | p. 597 |
| Readings | p. 599 |
| The Takings Clause | p. 600 |
| Protecting Private Property from Government Seizure | p. 600 |
| What Constitutes a Taking? | p. 603 |
| United States v. Causby (1946) | p. 603 |
| Penn Central Transportation Company v. City of New York (1978) | p. 606 |
| Public Use Requirement | p. 610 |
| Berman v. Parker (1954) | p. 611 |
| Hawaii Housing Authority v. Midkiff (1984) | p. 613 |
| Resurrecting the Takings Clause | p. 616 |
| Nollan v. California Coastal Commission (1987) | p. 618 |
| Lucas v. South Carolina Coastal Council (1992) | p. 621 |
| Dolan v. City of Tigard (1994) | p. 625 |
| Readings | p. 630 |
| Reference Material | |
| Constitution of the United States | p. 633 |
| Federalist Paper, No. 78 | p. 643 |
| Bush v. Gore (2000) | p. 647 |
| U.S. Presidents | p. 655 |
| Thumbnail Sketch of the Supreme Court's History | p. 657 |
| The Justices | p. 659 |
| Natural Courts | p. 665 |
| Supreme Court Calendar | p. 671 |
| Briefing Supreme Court Cases | p. 672 |
| Glossary | p. 674 |
| Subject Index | p. 679 |
| Case Index | p. 693 |
| Illustration Credits | p. 699 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
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