Constitutional Law--national Power and Federalism
Auteur : Christopher N. May, Allan Ides
Date de publication : 1998
Éditeur : Aspen Law & Business
Nombre de pages : 351
Résumé du livre
NATIONAL POWER AND FEDERALISM is part of a two-volume set that includes a corresponding treatment of Individual Rights. Now your students can get the specific extra guidance they need, when they need it. Organized to parallel the major casebooks, this inexpensive study guide adheres To The successful format of the Examples & Explanations Series: -Clear, readable text includes sufficient historical and theoretical detail to supply a solid overview without overwhelming readers -Examples bring the complex issues to life and show students how to apply what they have learned in class -Explanations help students measure their understanding of the material and provide suggested answers and feedback No other book offers such an engaging and effective approach. In a straightforward--but not simplistic -- style, May and Ides address: -Judicial Review -Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts -Justiciability -Special Limitations on Federal Judicial Review of State Laws -Powers of the National Government -The Supremacy Clause -The Separation of Powers -The Dormant Commerce Clause -The Privileges and Immunities Clause of Article IV. This comprehensive yet manageable guide is distinguished from the crowd of superficial Con Law study aids by the level of practice it affords students. When you review CONSTITUTIONAL LAW: National Power and Federalism, Examples and Explanations, you'll find it a worthy teaching partner, ideally suited To The needs of the first-year law student. Table of Contents Preface Acknowledgments Chapter 1: Judicial Review 1.1 Introduction and Overview 1.2 the Background of Marbury v. Madison 1.3 Marbury v. Madison: Judicial Review of the Coordinate Branches 1.4 Federal Judicial Review of State Conduct 1.5 the Role of the Judicial Review in a Democratic Society 1.6 the Debate Over Constitutional Interpretation 1.7 the Techniques of Constitutional Interpretation 1.8 Authoritativeness of Judicial Interpretations Chapter 2: Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts 2.1 Introduction and Overview 2.2 the Power to Make Exceptions To The Jurisdiction of the Supreme Court 2.3 the Power to Create Article III Courts Inferior To The Supreme Court 2.4 the Power to Create Non-Article III Courts Chapter 3: Justiciability 3.1 Introduction and Overview 3.2 the Elements of a Case or Controversy 3.3 Prudential Considerations: Beyond the Constitutional Minimum 3.4 the Standing Doctrine 3.5 the Timeline of Justiciability: The Ripeness and Mootness Doctrine 3.6 Ripeness Applied 3.7 Mootness Applied 3.8 the Political Question Doctrine Chapter Four: Special Limitations on Federal Judicial Review of State Laws 4.1 Introduction and Overview 4.2 the 11th Amendment 4.3 the Siler Doctrine 4.4 the Pullman Doctrine 4.5 the Younger Doctrine Chapter 5: The Powers of the National Government 5.1 Introduction and Overview 5.2 Necessary and Proper Clause 5.3 the Power Over Interstate Commerce 5.4 the Power to Tax and Spend 5.5 the Power Over Foreign Affairs 5.6 the Constitutionally Enforceable Principle of Federalism Chapter 6: The Supremacy Clause 6.1 Introduction and Overview 6.2 the Preemption Doctrine 6.3 Federal Immunity from State Regulation 6.4 Federal Immunity from State Taxation 6.5 State Imposed Term Limits on Federal Office Chapter 7: The Separation of Powers 7.1 Introduction and Overview 7.2 'Checks and Balances' And The Commingling of Powers 7.3 Textual versus Structural or Functional Arguments 7.4 the Domestic Arena 7.5 War and Foreign Affairs 7.6 Impeachment 7.7 the Speech or Debate Clause 7.8 Executive Immunity and Executive Privilege Chapter