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Full Description
This book draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, Epstein and Walker streamline material while accounting for recent landmark cases and new scholarship. The new edition continues well-loved features such as clear delineation between commentary and opinion excerpts, a "Facts" and "Arguments" section before every case, a superb photo program, "Aftermath" and "Global Perspective" boxes, and a wealth of tables, figures, and maps.
Contents
Part IChapter 1: Understanding the U.S. Supreme CourtProcessing Supreme Court CasesSupreme Court Decision Making: LegalismSupreme Court Decision Making: RealismConducting Research on the Supreme CourtPart II: Institutional AuthorityChapter 2: The JudiciaryEstablishment of the Federal JudiciaryJudicial ReviewConstraints on Judicial Power: Article IIIConstraints on Judicial Power and the Separation of Powers SystemChapter 3: The LegislatureArticle I: Historical OverviewCongressional Authority over Internal Affairs: Institutional Independence and IntegrityLegislative Powers: Sources and ScopeFederal Legislature: Constitutional InterpretationsChapter 4: The ExecutiveArticle II: Basic ConsiderationsThe Faithful Execution of the Laws: Defining the Contours of Presidential PowerDomestic Powers of the PresidentThe Role of the President in Foreign PolicyChapter 5: The Separation of Powers System in ActionDebates over the Separation of Powers SystemDomestic PowersPowers over Foreign AffairsPart III: Nation-state RelationsChapter 6: FederalismThe Doctrinal Cycle of Nation-State RelationsThe Eleventh Amendment and Sovereign ImmunityNew Judicial FederalismNational Preemption of State LawsChapter 7: The Commerce PowerFoundations of the Commerce PowerAttempts to Define the Commerce Power in the Wake of Industrial RevolutionThe Supreme Court and the New DealThe Era of Expansive Commerce Clause JurisprudenceLimits on the Commerce Power: The Republican Court EraCommerce Power of the StatesChapter 8: The Power to Tax and SpendThe Constitutional Power to Tax and SpendDirect Taxes and the Power to Tax IncomeTaxation of ExportsIntergovernmental Tax ImmunityTaxation as a Regulatory PowerTaxing and Spending for the General WelfareRestrictions on the Revenue Powers of the StatesPart IV: Economic LibertiesChapter 9: The Contract ClauseThe Framers and the Contract ClauseJohn Marshall and the Contract ClauseDecline of the Contract Clause: From the Taney Court to the New DealModern Applications of the Contract ClauseChapter 10: Economic Substantive Due ProcessDevelopment of Substantive Due ProcessThe Roller-Coaster Ride of Substantive Due Process: 1898-1923The Heyday of Substantive Due Process: 1923-1936The Depression, the New Deal, and the Decline of Economic Substantive Due ProcessSubstantive Due Process: Contemporary RelevanceChapter 11: The Takings ClauseProtecting Private Property from Government SeizureWhat Is a Taking?What Constitutes a Public Use?
