Constitutional Law for a Changing America: Rights, Liberties, and Justice: Constitutional Law for a Changing America
Autor Lee J. Epstein, Kevin T. McGuire, Thomas G. Walkeren Limba Engleză Electronic book text – 5 aug 2021
Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, thisEleventh Editionwill develop your understanding of how the U.S. Constitution protects civil rights and liberties.
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Specificații
ISBN-13: 9781544391281
ISBN-10: 1544391285
Pagini: 752
Dimensiuni: 203 x 254 mm
Ediția:Eleventh Edition
Editura: SAGE Publications
Colecția CQ Press
Seria Constitutional Law for a Changing America
Locul publicării:Washington DC, United States
ISBN-10: 1544391285
Pagini: 752
Dimensiuni: 203 x 254 mm
Ediția:Eleventh Edition
Editura: SAGE Publications
Colecția CQ Press
Seria Constitutional Law for a Changing America
Locul publicării:Washington DC, United States
Cuprins
Chronological
Table
of
Cases
Tables, Figures, and Boxes
Preface
PART I. THE SUPREME COURT AND THE CONSTITUTION
An Introduction to Rights and Liberties
The Road to the Bill of Rights
The Amendment Process
Constitutional Change and the Supreme Court
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
ANNOTATED READINGS
CHAPTER 2. The Judiciary: Institutional Powers and Constraints
Judicial Review
Constraints On Judicial Power
ANNOTATED READINGS
CHAPTER 3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Incorporation through the Fourteenth Amendment: Early Interpretations
Tests Emerge
Incorporation in the Aftermath of Palko
ANNOTATED READINGS
PART II. CIVIL LIBERTIES
Approaching Civil Liberties
CHAPTER 4. Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Religious Establishment
ANNOTATED READINGS
CHAPTER 5. Foundations of Freedom of Expression
Free Expression in the Constitution
Justifications for Protecting Expression
Setting the Stage for Free Expression in the Supreme Court
Free Expression and the Incitement of Lawless Action
ANNOTATED READINGS
CHAPTER 6. Modern-Day Approaches to Free Expression
An Overview of Modern-Day Free Speech Doctrine
What Is Expression?
Does the Expression Fall Into an Unprotected Category?
Who Is Speaking?
Is The Regulation Content Neutral Or Content Based?
ANNOTATED READINGS
CHAPTER 7. Freedom of the Press
Prior Restraint
Government Control of Press Content
News Gathering and Special Rights
ANNOTATED READINGS
CHAPTER 8. The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation
Libel
Obscenity
ANNOTATED READINGS
CHAPTER 9. The Right to Keep and Bear Arms
Initial Interpretations
The Second Amendment Revisited
Heller and the States
In the Aftermath of Heller and McDonald
ANNOTATED READINGS
CHAPTER 10. Privacy and Personal Liberty
The Right to Privacy: Foundations
Reproductive Freedom and the Right to Privacy: Abortion
The Aftermath of Roe: Attempts to Limit the Decision
Attempts to Overturn Roe
Personal Liberty and Privacy Beyond Reproductive Freedom
ANNOTATED READINGS
PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making
CHAPTER 11. Investigations and Evidence
Searches and Seizures
The Fifth Amendment and Self-Incrimination
ANNOTATED READINGS
CHAPTER 12. Attorneys, Trials, and Punishments
The Right to Counsel
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Posttrial Protections and the Double Jeopardy Clause
Postrelease Protections
ANNOTATED READINGS
PART IV. CIVIL RIGHTS
CIVIL RIGHTS AND THE CONSTITUTION
The Fourteenth Amendment
The Fifteenth Amendment
CHAPTER 13. Race Discrimination and the Foundations of Equal Protection
Initial Approaches to the Fourteenth Amendment
State Action Requirement
ANNOTATED READINGS
CHAPTER 14. Contemporary Approaches to Equal Protection
Rational Basis Scrutiny
Strict Scrutiny and Claims of Race Discrimination
Heightened Scrutiny and Claims of Gender Discrimination
Discrimination Based on Sexual Orientation
Discrimination Based on Economic Status
Discrimination against Aliens
The Future of Discrimination Law
ANNOTATED READINGS
CHAPTER 15. Voting and Representation
Voting Rights
Political Representation
Election Campaign Regulation
The Court and Presidential Elections
ANNOTATED READINGS
Reference Material
Appendix 1. Constitution of the United States
Appendix 2. The Justices
Appendix 3. Glossary
Appendix 4. Online Case Archive Index
Case Index
Subject Index
About the Authors
Tables, Figures, and Boxes
Preface
PART I. THE SUPREME COURT AND THE CONSTITUTION
An Introduction to Rights and Liberties
The Road to the Bill of Rights
The Amendment Process
Constitutional Change and the Supreme Court
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
ANNOTATED READINGS
CHAPTER 2. The Judiciary: Institutional Powers and Constraints
Judicial Review
Constraints On Judicial Power
ANNOTATED READINGS
CHAPTER 3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Incorporation through the Fourteenth Amendment: Early Interpretations
Tests Emerge
Incorporation in the Aftermath of Palko
ANNOTATED READINGS
PART II. CIVIL LIBERTIES
Approaching Civil Liberties
CHAPTER 4. Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Religious Establishment
ANNOTATED READINGS
CHAPTER 5. Foundations of Freedom of Expression
Free Expression in the Constitution
Justifications for Protecting Expression
Setting the Stage for Free Expression in the Supreme Court
Free Expression and the Incitement of Lawless Action
ANNOTATED READINGS
CHAPTER 6. Modern-Day Approaches to Free Expression
An Overview of Modern-Day Free Speech Doctrine
What Is Expression?
Does the Expression Fall Into an Unprotected Category?
Who Is Speaking?
Is The Regulation Content Neutral Or Content Based?
ANNOTATED READINGS
CHAPTER 7. Freedom of the Press
Prior Restraint
Government Control of Press Content
News Gathering and Special Rights
ANNOTATED READINGS
CHAPTER 8. The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation
Libel
Obscenity
ANNOTATED READINGS
CHAPTER 9. The Right to Keep and Bear Arms
Initial Interpretations
The Second Amendment Revisited
Heller and the States
In the Aftermath of Heller and McDonald
ANNOTATED READINGS
CHAPTER 10. Privacy and Personal Liberty
The Right to Privacy: Foundations
Reproductive Freedom and the Right to Privacy: Abortion
The Aftermath of Roe: Attempts to Limit the Decision
Attempts to Overturn Roe
Personal Liberty and Privacy Beyond Reproductive Freedom
ANNOTATED READINGS
PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making
CHAPTER 11. Investigations and Evidence
Searches and Seizures
The Fifth Amendment and Self-Incrimination
ANNOTATED READINGS
CHAPTER 12. Attorneys, Trials, and Punishments
The Right to Counsel
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Posttrial Protections and the Double Jeopardy Clause
Postrelease Protections
ANNOTATED READINGS
PART IV. CIVIL RIGHTS
CIVIL RIGHTS AND THE CONSTITUTION
The Fourteenth Amendment
The Fifteenth Amendment
CHAPTER 13. Race Discrimination and the Foundations of Equal Protection
Initial Approaches to the Fourteenth Amendment
State Action Requirement
ANNOTATED READINGS
CHAPTER 14. Contemporary Approaches to Equal Protection
Rational Basis Scrutiny
Strict Scrutiny and Claims of Race Discrimination
Heightened Scrutiny and Claims of Gender Discrimination
Discrimination Based on Sexual Orientation
Discrimination Based on Economic Status
Discrimination against Aliens
The Future of Discrimination Law
ANNOTATED READINGS
CHAPTER 15. Voting and Representation
Voting Rights
Political Representation
Election Campaign Regulation
The Court and Presidential Elections
ANNOTATED READINGS
Reference Material
Appendix 1. Constitution of the United States
Appendix 2. The Justices
Appendix 3. Glossary
Appendix 4. Online Case Archive Index
Case Index
Subject Index
About the Authors
Descriere
Constitutional
Law
for
a
Changing
Americashows
students
how
political
factors
influence
judicial
decisions
and
shape
the
development
of
constitutional
law.
Updated
with
additional
material
such
as
recent
court
rulings,
more
than
500
supplemental
cases,
and
greater
coverage
of
freedom
of
expression,
theEleventh
Editionof
this
bestseller
will
develop
students’
understanding
of
how
the
U.S.
Constitution
protects
civil
rights
and
liberties.