| Description |
1 online resource (434 pages) |
| Contents |
Contents; Preface to the Second Edition; Preface to the First Edition; Prologue: The Affordable Care Act and Other Vignettes; Introduction; History; Original Constitutional Design; The Constitution as Higher Law: Foundations of Judicial Review; 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 |
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Equality in the Counting of VotesSexual 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 |
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Tensions between the Free Exercise and Establishment Clauses3 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; Incorporation of the Bill of Rights against the States; Enumerated Rights to Fair Procedures in Criminal Cases; Time, Elections, and Change; The Law on the Books versus the Law in Practice; The Eighth Amendment Prohibition against Cruel and Unusual Punishment |
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The Foundations of Modern DoctrineProximate 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 |
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The Second Amendment and the "Right to Keep and Bear Arms"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 ; The Youngstown Case |
| Summary |
"In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based upon print version of record |
| Subject |
Constitutional law -- United States.
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| Form |
Electronic book
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| ISBN |
9781139616157 |
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1139625454 (electronic bk.) |
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9781139625456 (electronic bk.) |
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9781139612432 |
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