Constitutional Law (Emanuel Law Outlines Series)

Author: Steven L. Emanuel
Published: September 2004
Publisher: Wolters Kluwer Company
ISBN: 0735545421
Paperback Book
Number of Pages: 756

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Constitutional law forms the basis for all others in the US, and here students can work through essential concepts and case law in independent or classroom settings. Attorney Emanuel steps through all the main issues of constitutional law, from the authority of the separate powers to the freedoms defined by the Bill of Rights. He addresses commercial powers as well as issues of due process and states' rights, and includes a table of cases and an essay exam with answers.

Table of Contents
Preface xxv
Casebook Correlation Chart xxvii
Capsule Summary 1
Chapter 1 Introduction
I Roadmap of Constitutional Law 1
II Three Standards of Review 2
Chapter 2 The Supreme Court's Authority
I Review of Acts of Congress (Marbury V. Madison) 8
II Review of State Court Decisions 10
III Congress' Control of Federal Court Jurisdiction 12
IV The Supreme Court's Jurisdiction Today 15
Quiz Yourself on The Supreme Court's Authority (Entire Chapter) 15
Exam Tips on The Supreme Court's Authority 16
Chapter 3 Federalism and Federal Power Generally
I The Concept of Federalism 19
II McCulloch v. Maryland 21
III State Oversight of the Federal Government - The "Term Limits" Problem 23
Quiz Yourself on Federalism and Federal Power (Entire Chapter) 25
Exam Tips on Federalism and Federal Power Generally 26
Chapter 4 The Federal Commerce Power
I The Commerce Clause Generally 27
II Cases Prior to 1933 28
III Court Barriers to the New Deal 31
IV The Modern Trend 33
V The Tenth Amendment as a Limit on Congress' Power 46
Quiz Yourself on The Federal Commerce Power (Entire Chapter) 52
Exam Tips on The Federal Commerce Power 54
Chapter 5 Other National Powers
I The Taxing Power 58
II The Spending Power 59
III The War, Treaty and Foreign Affairs Powers 61
IV Other Powers 63
Quiz Yourself on Other National Powers (Entire Chapter) 64
Exam Tips on Other National Powers 66
Chapter 6 Two Limits on State Power: The Commerce Clause and Congressional Action
I The Dormant Commerce Clause - Regulation 68
II State Taxation of Interstate Commerce 86
III Congressional Action - Preemption and Consent 88
Quiz Yourself on Two Limits on State Power (Entire Chapter) 93
Exam Tips on Two Limits on State Power 96
Chapter 7 Intergovernmental Immunities & Interstate Relations
I Tax Immunities 99
II Federal Immunity from State Regulation 101
III State Immunity from Federal Regulation 101
IV Interstate Relationships 102
Quiz Yourself on Intergovernmental Immunities & Interstate Relations 105
Exam Tips on Intergovernmental Immunities and Interstate Relations (Entire Chapter) 107
Chapter 8 Separation of Powers
I Domestic Policy and The Separation of Powers 112
II Foreign Affairs and Commitment of the Armed Forces 119
III Appointment and Removal of Executive Personnel 121
IV Legislative and Executive Immunity 127
Quiz Yourself on Separation of Powers (Entire Chapter) 132
Exam Tips on Separation of Powers 134
Chapter 9 Due Process of Law
I The Bill of Rights and the States 139
II Substantive Due Process - Before 1934 143
III Substantive Due Process - the Modern Approach to Economic and Social-Welfare Regulation 148
Quiz Yourself on Substantive Due Process - Economic and Social-Welfare Regulation 150
IV Substantive Due Process - Protection of Non-Economic Rights, Including "Fundamental" Rights 151
Quiz Yourself on Substantive Due Process - Protection of Non-Economic Rights 201
V Procedural Due Process 206
Quiz Yourself on Procedural Due Process 217
Exam Tips on Due Process of Law 220
Chapter 10 Equal Protection
I Introduction 227
II Economic and Social Laws - the "Mere Rationality" Test 234
Quiz Yourself on Equal Protection - Economic & Social-Welfare Laws 244
III Suspect Classifications, Especially Race 246
IV Affirmative Action and "Benign" Discrimination 269
V Classifications Based on Sex 314
Quiz Yourself on Equal Protection - Suspect Classes, Affirmative Action and Classifications Based on Sex 325
VI Classifications Based on Alienage 330
VII Illegitimacy 336
VIII Mental Retardation and Mental Illness 337
IX General Principles of Middle-Level Scrutiny 339
Quiz Yourself on Equal Protection - Alienage and Illegitimacy 340
X Fundamental Rights 342
Quiz Yourself on Equal Protection - Fundamental Rights 365
Exam Tips on Equal Protection 367
Chapter 11 Miscellaneous Clauses: 14th Am. Privileges & Immunities; Taking; Contracts; Ex Post Facto; Bill of Attainder
I The 14th Amendment's Privileges and Immunities Clause 376
II The "Taking" Clause 378
III The "Contract" Clause 388
IV Ex Post Facto Laws 393
V Bills of Attainder 395
Quiz Yourself on The Privileges & Immunities, Taking, Obligation of Contracts, Ex Post Facto and Bill of Attainder Clauses (Entire Chapter) 396
Exam Tips on Miscellaneous Clauses 400
Chapter 12 State Action
I Introduction 403
II The "Public Function" Approach 407
III "Nexus" - The Significance of State Involvement 411
Quiz Yourself on State Action (Entire Chapter) 421
Exam Tips on State Action 423
Chapter 13 Congressional Enforcement of Civil Rights
I Introduction 425
II Congress' Power to Reach Private Conduct 427
III Congress' Power to Remedy Constitutional Violations, or to Modify Constitutional Rights 433
Quiz Yourself on Congressional Enforcement of Civil Rights (Entire Chapter) 442
Exam Tips on Congressional Enforcement of Civil Rights 443
Chapter 14 Freedom of Expression
I General Themes 448
II Advocacy of Illegal Conduct 458
III Overbreadth and Vagueness 470
Quiz Yourself on Freedom of Expression - General Themes; Advocacy of Illegal Conduct; Overbreadth and Vagueness 474
IV Regulation of Context - "Time, Place and Manner" 477
V Symbolic Expression 530
Quiz Yourself on Time, Place & Manner Restrictions; Symbolic Expression 536
VI Defamation and Invasion of Privacy 543
VII Obscenity 550
VIII Commercial Speech 558
Quiz Yourself on Defamation, Obscenity and Commercial Speech 573
IX Some Special Contexts 576
X Freedom of Association, Denial of Public Jobs or Benefits, and Unconstitutional Conditions 597
XI Special Problems Concerning The Media 614
Quiz Yourself on Freedom of Association; Denial of Public Jobs or Benefits; Special Problems of the Media 631
Exam Tips on Freedom of Expression 634
Chapter 15 Freedom of Religion
I Introduction 645
II The Establishment Clause 645
III The Free Exercise Clause 672
Quiz Yourself on Freedom of Religion (Entire Chapter) 684
Exam Tips on Freedom of Religion 689
Chapter 16 Justiciability
I Introduction 694
II Advisory Opinions 694
III Standing 696
IV Mootness 704
V Ripeness 705
VI The 11th Amendment, and Suits Against States 707
VII Political Questions 713
Quiz Yourself on Justiciability (Entire Chapter) 721
Exam Tips on Justiciability 726
Essay Exam Questions and Answers 731
Table of Cases 739
Subject Matter Index 747

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