Constitutional Law and American Democracy: Cases and Readings

Corey L. Brettschneider

$175.95

ISBN: 9780735579828

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In what promises to become a foundational undergraduate and law school text, Constitutional Law and American Democracy: Cases and Readings goes beyond parsing cases, providing ample background readings and material to engage the big-picture questions of constitutional doctrine and the role of the Court. The vast array of case law and source material is presented at a high, yet accessible, level for undergraduates, and the topical overviews in each chapter bring the law to life with historical and contemporary relevance.

Features of Constitutional Law and American Democracy:
- Clear conceptual structure for chapters includes:
  - Overview of topics, constitutional arguments and readings.
  - Broad range of theoretical and historical writings.
  - Relevant, foundational cases.
- Stimulates student understanding of structural and normative features of the Constitution and Constitutional Law.
- Compelling, accessible text offers a nuanced sense of the Constitution and the political disputes and scope of judicial authority that shapes its meaning.
- Provocative discussion of topics of current interest, including:
  - Military detention
  - Gender
  - Sexual orientation
  - Racial equality
- Multidimensional, comprehensive picture of the law, drawn from:
  - Excerpts from case law.
  - Concurring and dissenting opinions.
  - Law journals and other scholarly articles.
  - Articles from general publications.
  - Published letters.
  - Documents.
- Thematic organization links constitutional law to contemporary issues and controversies.
- Solid pedagogy includes probing, thought-provoking questions designed to enrich:
  - Case comprehension.
  - In-class discussions.
  - Ability to synthesize complex concepts.
- Instructor’s Manual with suggestions on course structure, as well as discussions, activities, and additional readings.

Details

Page Count	1440
Published	12/16/2011

Additional Product Details

PART 1: FOUNDATIONS

Chapter 1: Judicial Authority
A. Origins of Judicial Review

Chapter 2: Theories of Interpretation
A. Originalist Theories
B. Proceduralism
C. Moral Reading
D. Pragmatism and Consequentialism

PART 2: POWERS

Chapter 3: Congressional Authority and Its Limits
A. The Idea of Enumerated Powers
B. The Battle over Economic Regulation
C. New Federalism

Chapter 4: Presidential Authority and its Limits
A. The Executive and Separation of Powers
B. Foreign Affairs and the Power to Declare War
C. Military Detention
D. The Presidency and the Rule of Law

PART 3: LIBERTY

Chapter 5: Speech
A. Political Speech
B. Obscene Speech and Pornography

Chapter 6: Religion
A. Free Exercise and Accommodation
B. Establishment, Public Funding, and Prayer

Chapter 7: Substantive Due Process and Fundamental Rights

A. Economic Substantive Due Process
B. Rights of the Family
C. Sex, Reproductive Freedom, and Abortion
D. Right to Die

PART 4: EQUALITY

Chapter 8: Race and Equality
A. Slavery, Segregation, and American Racism
B. Affirmative Action
C. Voting Discrimination

Chapter 9: Gender, Sexual Orientation, and Equality

A. Sex and Gender
B. Sexual Orientation
Author Information

Corey L. Brettschneider

Corey Brettschneider is a Professor of Political Science and holds a courtesy appointment in Philosophy at Brown University, where he teaches courses in political theory and public law. Brettschneider has been a Rockefeller Faculty Fellow at the Princeton University Center for Human Values, a Visiting Associate Professor at Harvard Law School, and a Faculty Fellow at the Harvard Safra Center for Ethics.

Professor Brettschneider received a PhD in Politics from Princeton University and a JD from Stanford University. He is the author of Value Democracy: Promoting Equality and Protecting Rights (Princeton University Press, 2012) and Democratic Rights: The Substance of Self-Government (Princeton University Press, 2007). His articles have appeared in top journals. They include ''The Politics of the Personal: A Liberal Approach,'' in the American Political Science Review (2007), ''A Transformative Theory of Religious Freedom,'' in Political Theory (2010), and ''When the State Speaks, What Should it Say? Democratic Persuasion and the Freedom of Expression,'' in Perspectives on Politics (2011).
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Constitutional Law and American Democracy: Cases and Readings

Corey L. Brettschneider

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Constitutional Law and American Democracy: Cases and Readings

Corey L. Brettschneider

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