Constitutional Law for a Changing America: Institutional Powers and Constraints: Constitutional Law for a Changing America
Autor Lee J. Epstein, Thomas G. Walkeren Limba Engleză Electronic book text – 22 ian 2019
TheTenthEditionoffers rigorous, comprehensive content in a student-friendly manner. 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. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.
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Specificații
ISBN-13: 9781544317939
ISBN-10: 154431793X
Pagini: 784
Dimensiuni: 203 x 254 mm
Ediția:Tenth Edition
Editura: SAGE Publications
Colecția CQ Press
Seria Constitutional Law for a Changing America
Locul publicării:Washington DC, United States
ISBN-10: 154431793X
Pagini: 784
Dimensiuni: 203 x 254 mm
Ediția:Tenth Edition
Editura: SAGE Publications
Colecția CQ Press
Seria Constitutional Law for a Changing America
Locul publicării:Washington DC, United States
Recenzii
“This
is
the
best
undergraduate
text
I’ve
found
for
teaching
the
evolution
of
the
Supreme
Court’s
decision-making
on
constitutional
rights
and
liberties.
The
authors
strike
an
excellent
balance
between
providing
essential
contextual
material
and
offering
well
edited
opinions
of
the
Court
on
key
topics.
Students
consistently
respond
positively
to
the
textbook
because
it
so
engaging
and
accessible,
in
terms
of
both
writing
style
and
layout/design.”
“If you are teaching a course on Constitutional Law, you should use Epstein and Walker’s book. They have provided the gold standard. This book is chalked full of cases, concepts, analysis, and useful tables and charts. I think they present the political discussion in an ideologically neutral manner and stick to the facts when it comes to covering the main material. Epstein and Walker provide all of the tools that are needed for an instructor to properly present the material and for students to easily grasp the concepts in a course involving constitutional principles, institutional powers, and the checks on the exercise of power.”
This textbook is a thorough and thought-provoking textbook that provides historical context to assist students in understanding the complex, political, and evolutionary nature of the Supreme Court.
“If you are teaching a course on Constitutional Law, you should use Epstein and Walker’s book. They have provided the gold standard. This book is chalked full of cases, concepts, analysis, and useful tables and charts. I think they present the political discussion in an ideologically neutral manner and stick to the facts when it comes to covering the main material. Epstein and Walker provide all of the tools that are needed for an instructor to properly present the material and for students to easily grasp the concepts in a course involving constitutional principles, institutional powers, and the checks on the exercise of power.”
This textbook is a thorough and thought-provoking textbook that provides historical context to assist students in understanding the complex, political, and evolutionary nature of the Supreme Court.
Cuprins
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
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
Descriere
A
host
of
political
factors—both
internal
and
external—influence
the
Court’s
decisions
and
shape
the
development
of
constitutional
law.
Among
the
more
significant
forces
at
work
are
the
ways
lawyers
and
interest
groups
frame
legal
disputes,
the
ideological
and
behavioral
propensities
of
the
justices,
the
politics
of
judicial
selection,
public
opinion,
and
the
positions
that
elected
officials
take,
to
name
just
a
few.
Combining
lessons
of
the
legal
model
with
the
influences
of
the
political
process,Constitutional
Law
for
a
Changing
Americashows
how
these
dynamics
shape
the
development
of
constitutional
doctrine.
TheTenthEditionoffers rigorous, comprehensive content in a student-friendly manner. 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. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.
TheTenthEditionoffers rigorous, comprehensive content in a student-friendly manner. 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. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.