The Oxford Introductions to U.S. Law: Constitutional Law 9780195370034, 9780199315031, 0199315035

Table of contents :
CHAPTER 1 Who Decides?
CHAPTER 2 Judicial Review
What Is Judicial Review and What Purpose Does It Serve?
What Does the Constitution Say about Judicial Review?
Writtenness
Supremacy
Articles III and VI
What Are the Practical Consequences of Judicial Review?
Further Reading
CHAPTER 3 Constitutional Interpretation
Judicial Restraint
Natural Law and the Moral Reading
Representation Reinforcement
Originalism
Eclecticism
Further Reading
CHAPTER 4 Federalism
The Benefits and Costs of Federalism
Limits of Enumerated Powers
Internal versus External Commerce
Pretext. Economic Activity"Etiquette" Limits on Federal Power
Traditional Areas of State Sovereignty
Commandeering
Sovereign Immunity
Clear Statement Rules
Federalism-Based Limits on the States
Further Reading
CHAPTER 5 Separation of Powers
The Function of Separation of Powers
Selected Themes in Separation of Powers Doctrine
The Executive
The Legislature
The Judiciary
Further Reading
CHAPTER 6 Equal Protection
Slavery
From Plessy to Brown
Anti-Subordination or Color Blindness?
Tiers of Scrutiny
Purpose and Effect
Is Equality an Empty Idea?
Further Reading. CHAPTER 7 Enumerated Rights: The First AmendmentFreedom of the Press
Freedom of Speech
Free Exercise of Religion
No Establishment of Religion
Further Reading
CHAPTER 8 Unenumerated Rights
The Privileges or Immunities Clause
The Lochner Era
Incorporation of the Bill of Rights
The Right of "Privacy"
Further Reading
CHAPTER 9 Congressional Enforcement of Constitutional Rights
The State Action Requirement
Defining the Rights to be Enforced
Enforcement as Deterrence and Prevention, within Limits
Further Reading
CHAPTER 10 Beyond the Courts
Index
A
B
C
D
E
F
G
H
I
J
K
L. MN
O
P
R
S
T
U
V
W
Y.

Polecaj historie

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