The Dynamic Constitution by Fallon-Jr., Richard H. -- Read -- Imperial Library of Trantor

Index

The Dynamic Constitution, Second Edition Title page Copyright page Contents Preface to the Second Edition Preface to the First Edition Prologue: The Affordable Care Act and Other Vignettes Introduction: The Dynamic Constitution

History Original Constitutional Design The Constitution as Higher Law: Foundations of Judicial Review A Marbury v. Madison: An Enduring Symbol of Judicial Power Politics and Judicial Review A Preliminary Perspective on How the Supreme Court Interprets the Constitution A Brief History of Judicial Review The Supreme Court Today An Outline of What Is to Come

Part I: Individual Rights under the Constitution

1. Freedom of Speech

The Foundations of Modern Doctrine Proximate Origins of Modern Doctrine Expressive Conduct Shocking and Offensive Speech Remaining Unprotected Categories, Including Obscenity Commercial Speech Campaign Finance and Political Advertising The Broadcast Media Freedom to Associate and Not to Associate Concluding Note

2. Freedom of Religion

Introduction to the Establishment Clause Religion in the Public Schools Governmental Aid to Religious Institutions Symbolic Support for Religion The Free Exercise Clause Voluntary Governmental Accommodations of Religion Tensions between the Free Exercise and Establishment Clauses

3. Protection of Economic Liberties

Early History The Fourteenth Amendment Substantive Due Process Modern Contracts Clause Doctrine The Takings Clause Concluding Thoughts

4. Fundamental Rights “Enumerated” in the Bill of Rights

5. Equal Protection of the Laws

Equal Protection and the Constitution Rational Basis Review Race and the Constitution: Invidious Discrimination What Did Brown Accomplish? Race and the Constitution: Disparate Impact Affirmative Action Gender and the Constitution Discrimination against Gays and Lesbians Conclusion

6. “Unenumerated” Fundamental Rights

The Idea of Fundamental Rights Voting Rights: A Conceptual Introduction Voting Rights: The “One-Person, One-Vote” Cases Beyond One Person, One Vote Majority-Minority Districting Equality in the Counting of Votes Sexual Privacy or Autonomy Roe v. Wade and Abortion Rights Gay Rights Rights Involving Death and Dying Fundamental Rights Involving the Family Conclusion

Part II: The Constitutional Separation of Powers

7. The Powers of Congress

Elements of the “Original Understanding” Doctrinal and Conceptual History Crisis and Revision A Course Correction of Uncertain Scope The Necessary and Proper Clause The Spending Power Congressional Regulation of State and Local Governments Coercion through Spending Concluding Thoughts

8. Executive Power

The Youngstown Case Foreign Affairs Delegated Power in Domestic Affairs Legislative Vetoes and Line-Item Vetoes Appointments and Removals

9. Judicial Power

The Character of Judicial Power Limits on Judicial Power Anxieties about Judicial Power

Part III: Further Issues of Constitutional Structure and Individual Rights

10. Structural Limits on State Power and Resulting Individual Rights

How Federal Power and Federal Law Can Restrict State Power The Privileges and Immunities Clause The “Dormant” Commerce Clause The States as “Market Participants” Conclusion

11. The Constitution in War and Emergency

The Power to Initiate War Federal Powers during Wartime War and Individual Rights The Constitution and the “War on Terror” Conclusion

12. The Reach of the Constitution and Congress's Enforcement Power

State Action Doctrine The Paucity of “Positive” Fundamental Rights Congressional Power to “Enforce” the Reconstruction Amendments

13. Conclusion

Appendix: The Constitution of the United States