American Constitutional Law, Volume I by Rossum, Ralph A. -- Read -- Imperial Library of Trantor

Index

Cover Title Page Copyright About the Authors Dedication Contents PREFACE NOTE TO THE READER 1 INTERPRETATION OF THE CONSTITUTION

Approaches to Constitutional Interpretation The Approaches in Perspective The Ends of the Constitution Constitutional Means to Constitutional Ends Notes Selected Readings

2 CONSTITUTIONAL ADJUDICATION

The Justices of the Supreme Court The Supreme Court in the Federal Judicial System How Cases Get to the Supreme Court How the Supreme Court Decides Cases The Impact of Supreme Court Decisions Analyzing Supreme Court Decisions Sources in Constitutional Law Notes Selected Readings

3 THE JUDICIAL POWER

The Power of Judicial Review Externally Imposed Restraints on Judicial Review Court-Imposed Restraints on Judicial Review The Expanding Role of the Courts The Courts, Judicial Review, and the Problem of Legitimacy Notes Selected Readings CASES

Marbury v. Madison (1803) Stuart v. Laird (1803) Eakin v. Raub (1825) Cooper v. Aaron (1958) Plaut v. Spendthrift Farm, Inc. (1995) Young v. United States ex rel. Vuitton (1987) Ex parte McCardle (1869) Lujan v. Defenders of Wildlife (1992) Hein v. Freedom from Religion Foundation (2007) Luther v. Borden (1849) Baker v. Carr (1962) Nixon v. United States (1993) Deshaney v. Winnebago County Department of Social Services (1989)

4 THE LEGISLATIVE BRANCH

The Scope of Congressional Power Powers That Facilitate Legislative Activity Nonlegislative Powers Safeguarding Legislative Power Conclusions Notes Selected Readings CASES

McCulloch v. Maryland (1819) Powell v. McCormack (1969) U.S. Term Limits, Inc. v. Thornton (1995) Gravel v. United States (1972) McGrain v. Daugherty (1927) Watkins v. United States (1957) Articles of Impeachment Against William Jefferson Clinton (1998) Schechter Poultry Corporation v. United States (1935) Mistretta v. United States (1989) Immigration and Naturalization Service v. Chadha (1983)

5 THE EXECUTIVE BRANCH

The Aims of the Framers Grants of Power and Their Use Implied Powers Prerogative Powers Notes Selected Readings CASES

Clinton v. City of New York (1998) Myers v. United States (1926) Morrison v. Olson (1988) United States v. Nixon (1974) Clinton v. Jones (1997) In re Neagle (1890) Youngstown Sheet & Tube Company v. Sawyer (1952)

6 WAR AND FOREIGN AFFAIRS

The Interbranch Distribution of Power The Foundation and Extent of the Foreign-Affairs Power War and Individual Rights Notes Selected Readings CASES

The Prize Cases (1863) The War Powers Resolution (1973) Authorization for Use of Military Force (2001) United States v. Curtiss-Wright Export Corporation (1936) Missouri v. Holland (1920) Medellin v. Texas (2008) Ex parte Milligan (1866) Korematsu v. United States (1944) Ex parte Quirin (1942) The USA PATRIOT Act (2001) Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001) Hamdi v. Rumsfeld (2004) Boumediene v. Bush (2008) Letter on Wiretapping by the National Security Agency (2005) Congressional Research Service Memorandum (2006)

7 FEDERALISM

Federalism and the Founding Federalism and the First Congress Federalism and the Marshall Court Federalism and Its Protection by Subsequent Courts The Post–Civil War Amendments and the Shifting of the Federal Balance Notes Selected Readings CASES

The Judiciary Act of 1789 Cohens v. Virginia (1821) Coyle v. Smith (1911) Baldwin v. Montana Fish and Game Commission (1978) Dred Scott v. Sandford (1857) New York v. United States (1992) Printz v. United States (1997) Alden v. Maine (1999) Tennessee v. Lane (2004) The Civil Rights Cases (1883) Jones v. Alfred H. Mayer Company (1968)

8 THE EXERCISE OF NATIONAL POWER

The Commerce Power The Taxing Power The Spending Power Health Care and the Constitution Limitations on National Power Notes Selected Readings CASES

Gibbons v. Ogden (1824) United States v. E. C. Knight Company (1895) Hammer v. Dagenhart (1918) National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) Wickard v. Filburn (1942) Heart of Atlanta Motel v. United States (1964) Garcia v. San Antonio Metropolitan Transit Authority (1985) United States v. Lopez (1995) Gonzales v. Raich (2005) United States v. Butler (1936) United States v. Kahriger (1953) South Dakota v. Dole (1987) National Federation of Independent Business v. Sebelius (2012)

9 THE EXERCISE OF STATE POWER

Constitutional Principles Preemption Negative Implications of the Commerce Clause State Regulation and the Modern Court The Role of the Court Notes Selected Readings CASES

Arizona v. United States (2012) Cooley v. Board of Wardens (1852) Southern Pacific Company v. Arizona (1945) Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997) Granholm v. Heald (2005)

10 THE CONSTITUTION AND NATIVE AMERICAN TRIBES

Native American Tribes and the New Republic Tribal Self-Determination Tribal Authority over Disposition of Lands Tribal Authority to Institute a Government Tribal Authority to Enter into Treaties Tribes and Their Relation to the States Tribal Authority to Administer Justice Tribal Authority to Engage in “Indian Gaming” Notes Selected Readings CASES

Cherokee Nation v. Georgia (1831) Worcester v. Georgia (1832) United States v. Kagama (1886) Johnson v. McIntosh (1823) Lone Wolf v. Hitchcock (1903) Public Law 280 (1953) United States v. Lara (2004) Plains Commerce Bank v. Long Family Land and Cattle Company (2008) California v. Cabazon Band of Mission Indians (1987) Carcieri v. Salazar (2009)

11 THE CONTRACT CLAUSE

Marshall’s Expansion of the Contract Clause The Decline of the Contract Clause A Continued Relevance? Notes Selected Readings CASES

Fletcher v. Peck (1810) Dartmouth College v. Woodward (1819) Charles River Bridge Company v. Warren Bridge Company (1837) Home Building and Loan Association v. Blaisdell (1934) United States Trust Company v. New Jersey (1977) Buffalo Teachers Federation v. Tobe (2006)

12 ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE

The Fourteenth Amendment The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause Economic Regulation and the Rise of Substantive Due Process The Demise of Substantive Due Process in the Economic Realm Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm? The Emergence of Substantive Due Process in the Civil Liberties Realm The Takings Clause Notes Selected Readings CASES

The Slaughter-House Cases (1873) Saenz v. Roe (1999) Munn v. Illinois (1877) Lochner v. New York (1905) West Coast Hotel Company v. Parrish (1937) Williamson v. Lee Optical Company (1955) State Farm Mutual Automobile Insurance Company v. Campbell (2003) Caperton v. A. T. Massey Coal Company (2009) United States v. Carolene Products Company (1938) Kelo v. City of New London (2005) Nollan v. California Coastal Commission (1987) Lucas v. South Carolina Coastal Council (1992) Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) Dolan v. City of Tigard (1994)

THE CONSTITUTION OF THE UNITED STATES OF AMERICA JUSTICES OF THE SUPREME COURT GLOSSARY OF COMMON LEGAL TERMS TABLE OF CASES