Constitutional Law and Politics,9780393974409

Constitutional Law and Politics

by
ISBN13: 9780393974409
ISBN10: 0393974405
Format: Paperback
Pub. Date: 1999-12-01
Publisher(s): W W Norton & Co Inc
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Author Biography

David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia

Table of Contents

Illustrations
xv
Preface xvii
Acknowledgments xxi
The United States Constitution and Amendments 1(982)
The Supreme Court, Judicial Review, and Constitutional Politics
23(77)
Establishing and Contesting the Power of Judicial Review
27(42)
How to Locate Decisions of the Supreme Court
28(1)
[Calder v. Bull]
29(7)
Constitutional History: Decisions of the Supreme Court Overruled and Acts of Congress Held Unconstitutional, and State Laws and Municipal Ordinances Overturned, 1789--1998.
36(3)
James Kent's Introductory Law School Lecture in 1794
39(4)
The Virginia and Kentucky Resolutions of 1798
43(3)
Marbury v. Madison
46(10)
Eakin v. Raub
56(5)
President Jackson's Veto Message of 1832
61(2)
President Roosevelt's Radio Broadcast, March 9, 1937
63(6)
The Politics of Constitutional Interpretation
69(31)
In Comparative Perspective: Written and Unwritten Constitutions: Britain's and Israel's Constitutions
70(7)
The Text and Historical Context
77(10)
In and Beyond the Text
87(1)
Constitutional History: What is the Constitution? Could a Constitutional Amendment Violate the Constitution?
88(12)
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process
100(118)
Jurisdiction and Justiciable Controversies
101(61)
Avenues of appeal: The two main routes to the Supreme Court.
103(1)
[Frothingham v. Mellon]
104(2)
Jurisdictional map of the U.S. courts of appeal and U.S. district courts.
106(2)
Constitutional History: Major Legislation Affecting the Jurisdiction and Business of the Supreme Court
108(2)
[Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville, Florida]
110(1)
[Wyoming v. Oklahoma]
110(1)
The Development of Law: Other Important Rulings on Standing
111(3)
The Development of Law: Class Action Suits
114(2)
Inside the Court: Standing and the Connecticut Birth Control Cases
116(3)
[Luther v. Borden]
119(1)
[Colegrove v. Green]
119(1)
[Nixon v. United States]
120(3)
Inside the Court: The Supreme Court's Reversal of Precedent in Historical Perspective
123(3)
Flast v. Cohen
126(9)
Valley Forge Christian College v. Americans United for Separation of Church and State, inc.
135(5)
Lujan v. Defenders of Wildlife
140(4)
Baker v. Carr
144(14)
Goldwater v. Carter
158(4)
The Court's Docket and Screening Cases
162(3)
In Comparative Perspective: The ``European Model'' of Constitutional Courts and Judicial Review
163(2)
The Rule of Four and Agenda Setting
165(3)
Constitutional History: Figure 2.3. Docket and filings, 1800--1998.
166(2)
Summarily Decided Cases
168(1)
The Role of Oral Argument
169(2)
Conference Deliberations
171(3)
Inside the Court: On the Tentativeness of Votes and the Importance of Opinion Writing
173(1)
Postconference Writing and Circulation of Opinions
174(3)
Constitutional History: Figure 2.4. Opinion writing, 1937-1998.
176(1)
Opinion Days and Communicating Decisions
177(5)
Inside the Court: A 1989 Exchange of Memoranda on Opinion Assignments and Writing and Circulating Opinions
177(4)
Inside the Court: Voting Alignments in the Rehnquist Court, 1986--1997 Terms
181(1)
The Impact of Supreme Court Decisions: Compliance and Implementation
182(36)
Constitutional History: The Southern Manifesto: A Declaration of Constitutional Principles
184(9)
The Development of Law: Congress Reverses the Supreme Court---The Civil Rights Act of 1991
193(4)
Linkletter v. Walker
197(5)
Griffith v. kentucky
202(3)
Jaffree v. Board of School Commissioners of Mobile County
205(2)
Commonwealth of Kentucky v. Jeffrey Wasson
207(5)
The Development of Law: Other Recent State Supreme Court Decisions Declining to Follow the U.S. Supreme Court's Rulings
212(6)
Presidential Power, the Rule of Law, and Foreign Affairs
218(65)
Office and Powers: The Two Presidencies
218(5)
As Commander in Chief and in Foreign Affairs
223(16)
Constitutional History: Alexander Hamilton, The Federalist, No. 70
224(2)
United States v. Curtiss-Wright Corporation
226(3)
Dames & Moore v. Regan
229(6)
Sale v. Haitian Centers Council, Inc.
235(4)
The Treaty-Making Power and Executive Independence
239(14)
Missouri v. Holland
241(1)
Constitutional History: Figure 3.1. Alternatives to treaties: The rise of executive agreements and arrangements
242(2)
United States v. Pink
244(3)
Goldwater v. Carter (reprise)
247(1)
Constitutional History: The Treaty-Reinterpretation Controversy
248(2)
United States v. Alvarez-Machain
250(3)
War-Making and Emergency Powers
253(30)
Constitutional History: The State Department's Justification for President Johnson's War Efforts in Vietnam
257(1)
The Prize Cases
258(3)
Ex parte Milligan
261(6)
Korematsu v. United States
267(11)
War Powers Resolution
278(5)
The President as Chief Executive in Domestic Affairs
283(482)
National Security and Inherent and Emergency powers
284(31)
[United States v. The Progressive, Inc.]
287(1)
Inside The Court: The Argument for Inherent and Emergency Presidential Powers in ``the Steel Seizure Case''
288(1)
Youngstown Sheet & Tube Co. v. Sawyer
289(16)
New York Times Co. v. United States
305(10)
Appointment and Removal Powers
315(52)
Constitutional History: Supreme Court Nominations Rejected, Postponed, or Withdrawn due to Senate Opposition
320(1)
Myers v. United States
321(12)
Humphrey's Executor v. United States
333(3)
Bowsher v. Synar
336(11)
Morrison v. Olson
347(20)
Legislative Powers in the Administrative State
367(37)
[Rust v. Sullivan]
369(1)
Schechter Poultry Corporation v. United States
370(7)
Industrial Union Department, AFL-CIO v. American Petroleum Institute
377(4)
Immigration and Naturalization Service v. Chadha
381(11)
Clinton v. City of New York
392(12)
Accountability and Immunities
404(317)
United States v. Nixon
409(1)
Constitutional History: Unraveling the Watergate Affair
410(8)
Articles of Impeachment against President Richard M. Nixon Recommended by the House Judiciary Committee
418(3)
Clinton v. Jones
421(6)
Articles of Impeachment against President William Jefferson Clinton Recommended by the House Judiciary Committee and Approved by the House of Representatives
427(294)
Judicial Federalism
721(30)
[Coleman v. Thompson]
724(4)
Martin v. Hunter's Lessee
728(5)
Cooper v. Aaron
733(4)
Younger v. Harris
737(5)
Stone v. Powell
742(5)
Withrow v. Williams
747(4)
State Courts and State Constitutional Law
751(14)
Michigan v. Long
755(5)
People v. P. J. Video, Inc.
760(4)
Commonwealth of Kentucky v. Wasson (Reprise)
764(1)
The Development of Law: Other Recent State Supreme Court Decisions Declining to Follow the U.S. Supreme Court's Rulings (reprise)
764(1)
Representative Government, Voting Rights, and Electoral Politics
765(137)
Constitutional History: Thomas Paine on the Right to Vote and Representative Government
767(1)
Representative Government and the Franchise
768(22)
Constitutional History: President Lyndon B. Johnson's Address to Congress on the Importance of Passing the Voting Rights Act of 1865, March 15, 1965
773(2)
[Chisom v. Roemer]
775(2)
South Carolina v. Katzenback
777(7)
The Development of Law: Other Rulings Interpreting the Voting Rights Act
784(6)
Voting Rights and the Reapportionment Revolution
790(72)
The Development of Law: Rulings Extending the Principle of One Person, One Vote to Local Governments
793(3)
The Development of Law: Judicial Standards in Reapportionment Cases
796(2)
Gomillion v. Lightfoot
798(2)
Baker v. Carr (reprise)
800(1)
Wesberry v. Sanders
800(7)
Reynolds v. Sims
807(7)
Davis v. Bandemer
814(14)
Shaw v. Reno
828(6)
Miller v. Johnson
834(8)
Bush v. Vera
842(12)
Shaw v. Hunt
854(6)
The Development of Law: Other Post--Shaw v. Reno Rulings on Racial Gerrymandering
860(2)
Campaigns and Elections
862(40)
In Comparative Perspective: Equal Voting Rights and the French Case of Feminine Quotas
863(4)
[McCormick v. United States]
867(3)
Buckley v. Valeo
870(11)
Federal election Commission v. National conservative Political Action Committee (NCPAC) and Democratic Party of the United States v. National Conservative Political Action Committee (NCPAC)
881(4)
Colorado Republican Federal Campaign Committee v. Federal Election Commission
885(5)
The Development of Law: Other Rulings on Campaign Finance
890(1)
Rutan v. Republican Party of Illinois
890(7)
The Development of Law: Other Ruling on Campaigns and Elections
897(5)
Economic Rights and American Capitalism
902(81)
The Contract Clause and Vested Interests in Property
904(32)
Constitutional History: John Locke on the Ends of Political Society and Government
905(3)
Fletcher v. Peck
908(4)
Trustees of Dartmouth College v. Woodward
912(4)
Charles River Bridge Co. v. Warren Bridge Co.
916(7)
Home Building & Loan Assocaition v. Blaisdell
923(6)
City of El Paso v. Simmons
929(4)
United States Trust Co. of New York v. State of New Jersey
933(3)
The Development and Demise of a ``Liberty of Contract''
936(33)
[Allgeyer v. Louisiana]
940(2)
[Mugler v. Kansas]
942(1)
[Jacobson v. Massachusetts]
943(1)
[Adair v. United States]
944(1)
[Coppage v. Kansas]
945(5)
Butchers' Benevolent Association v. Cresent City Livestock Landing Slaughterhouse Co. (The Slaughterhouse Cases)
950(5)
Munn v. Illinois
955(2)
Lockner v. New York
957(7)
West Coast Hotel Co. v. parrish
964(3)
Lincoln Federal Labor Union v. Northwestern Iron & Metal Co.
967(2)
The ``Takings Clause'' and Just Compensation
969(14)
[Lucas v. South Carolina Coastal Council]
970(3)
Hawaii Housing Authority v. Midkiff
973(3)
Nollan v. California Coastal Commission
976(4)
The Development of Law: Other Important Rulings on the Takings Clause
980(3)
Appendix A: Researching Legal Materials and Law-Related Sources on the Web 983(8)
Appendix B: The How, Why, and What to Briefing and Citing Court Cases 991(4)
Members of the Supreme Court of the United States 995(4)
Biographies of Current Justices 999(6)
Glossary 1005(6)
Index of Cases 1011(10)
General Index 1021

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