Constitutional Law in Context 4th Edition by Michael Ken Parker, William Ross, Davison Douglas, Paul Finkelman ISBN 1531008437 978-1531008437

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ISBN 10: 1531008437
ISBN 13: 978-1531008437
Author: Michael Ken Parker, William Ross, Davison Douglas, Paul Finkelman

The new one-volume edition of Constitutional Law in Context(down from two volumes) continues to provide historical materials, as well as essays and a timeline that together highlight the organic development of constitutional law. These essays, and additional diagrams, help students understand doctrine and cases. This was among the first constitutional law books to take a historical and contextual approach; that focus remains, complemented by current developments. 

Constitutional Law in Context 4th Table of contents:

Chapter 1 · An Introduction to American Constitutional Law

I. The Articles of Confederation

II. The Constitution of the United States of America

III. The Constitution: Institutions, Powers, and Limits

IV. What Is Constitutional Law?

V. On Reading the Constitution

Chapter 2 · National Power: Article I and the Powers and Limits of Congress

I. Implied Congressional Power: Its Nature and Extent

II. The Commerce Clause: A Delegated Power

III. Ducking the Issue: Statutory Construction as a Means of Avoiding Constitutional Interpretation

IV. Other Delegated Sources of National Power: The Power to Spend, the War Power, and the Treaty Power

Chapter 3 · Limits on Federal Power: The Federal Structure, the 10th Amendment, and State Sovereign Immunity

I. Goals for Chapter 3

II. National Power and State Power: The 10th Amendment

III. National Power and State Power: State Sovereign Immunity

IV. The Rehnquist Court

V. A Unifying Theme? Dual Sovereignty

Chapter 4 · Powers and Limits of the Federal Courts

I. Federal Judicial Review—Marbury v. Madison (1803): Background and Case

II. The Extension of Federal Judicial Review over State Courts

III. A Short History of the Marshall Court

IV. Judicial Review and the Political Process

V. The Scope of Federal Judicial Power over State Courts: The Adequate and Independent State Ground Doctrine

VI. Congressional Control over Federal Judicial Review

VII. Justiciability

Chapter 5 · The Role of the President

I. The Scope of Executive Power

II. The President as Commander-in-Chief

III. Appointments and the Separation of Powers

IV. Executive Privilege: Judicial Immunities

Chapter 6 · Procedural Due Process

I. Goals for Chapter 6

II. How Does One Establish the Right to Process: What Is “Property” and “Liberty”?

III. What Process Is Due?

IV. The Protections of Due Process as a Limit on Presidential Power

Chapter 7 · Limits on State Power: Preemption, the Dormant Commerce Clause, and the Privileges and Immunities Clause of Article IV

I. Preemption

II. The Dormant Commerce Clause

III. The Privileges and Immunities Clause of Article IV

IV. Note: The Contract Clause

Chapter 8 · The Incorporation of the Bill of Rights

I. Introduction and Overview

II. Application of the Bill of Rights to the States, 1791–1833

III. From Barron to the Adoption of the 14th Amendment: The Pre-Civil War Background

IV. The Drafting of the 14th Amendment

V. The Aftermath: Legislation and the Initial Judicial Response during Reconstruction

VI. The Bill of Rights and Incorporation after Slaughter-House

VII. Incorporation: Approaches, Effects, and Further Thoughts

VIII. Note: Political Transformation, 1932–2016 [on the web]

IX. The Roberts Court and Incorporation

Chapter 9 · Equal Protection

I. Introduction

II. Equal Protection Analysis: A Summary Chart

III. A Theory of Justice

IV. Equal Protection and Race

V. Equal Protection Analysis of Social and Economic Regulatory Legislation

VI. The Movement toward “Rational Basis with Bite”

VII. Equal Protection Analysis of Classifications Based on Factors Other Than Race

VIII. Gender and Equal Protection

IX. “De jure” versus “De facto” Discrimination: Obvious and Indirect Discrimination

X. Affirmative Action

XI. Equal Protection and Fundamental Rights

Chapter 10 · Substantive Due Process

I. Introduction

II. A Model of Substantive Due Process Analysis

III. Liberty and Economic Rights

IV. The Origins of Substantive Protection for Non-Economic Rights

V. Liberty and Privacy

VI. Liberty and the Family

VII. Liberty and Sexual Autonomy: Restrictions on Private Sexual Behavior

VIII. Constitutionality of Same-Sex Marriage

IX. Liberty and the “Right” to Die

X. The Takings Clause

Chapter 11 · Freedom of Speech and Press

Part I: A Graphic Overview of the 1st Amendment

Part II: The 1st Amendment and Government Control of the Content of Expression

I. An Introduction to the 1st Amendment

II. 1st Amendment History

III. The Early Restrictive Understanding of the Freedom of Speech and Press

IV. The Emergence of the Modern Approach to Advocacy of Illegal Conduct

V. Pervasive Limits on Government Regulation of Speech

VI. Defamation and Infliction of Emotional Distress

VII. Access to the Press

VIII. Obscenity

IX. Child Pornography

X. New Categories of Unprotected Sexual Expression?

XI. Indecent Speech

XII. Fighting Words

XIII. The Hostile Audience

XIV. Hate Speech

XV. Symbols and Silence: Compelled Affirmation

XVI. Symbolic Speech

XVII. Commercial Speech

Part III: The 1st Amendment: Restrictions on Time, Place, and Manner of Expression When Regulating Governmental Property

I. The Public Forum: An Overview

II. Regulating Streets, Parks, and Sidewalks

III. The Non-Public Forum

IV. “Company Towns” and Shopping Centers as Public Forums

V. Speech in Limited Environments

VI. Government as the Speaker, Not as a Regulator

Part IV: The 1st Amendment and Limits on Political Campaigns

Chapter 12 · Freedom of Religion

I. Introduction

II. Historical Background of the Establishment and Free Exercise Clauses

III. The Establishment Clause

IV. Free Exercise of Religion

Chapter 13 · Governmental Actors, Private Actors, and the Scope of the 13th and 14th Amendments

I. Congressional Power to Enforce the 13th and 14th Amendments

II. The Scope of the 13th Amendment: The Modern View

III. The Scope of Congressional Power to Enforce the 14th Amendment: The Modern View

IV. The Scope of the 14th Amendment

V. Congressional Power to Legislate against Private Violations

Index

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Tags: Michael Ken Parker, William Ross, Davison Douglas, Paul Finkelman, Constitutional Law