美国宪法
2006-12
Aspen Pub
Massey, Calvin
117
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Table of Cases Chapter 2: Doctrines Limiting the Scope of Judicial Review C. Justiciability: The Proper Role of the Federal Courts 2. Standing to Sue a. The Constitutional Core of Standing D. The Eleventh Amendment 1. Hans v. Louisiana and the Current DoctrineChapter 3: The Limits of Federal Legislative Power: Judicially or Politically Enforceable Federalism? A. Implementing Enumerated Powers and "Default" Rules 1. Implementing Enumerated Powers: The "Necessary and Proper Clause" B. Commerce 2. The Historical Development of Commerce Clause Doctrine c. From the New Deal to Lopez Gonzales v. Raich Notes and Problems 3. Limits Imposed by Principles of State Autonomy b. Procedural Immunity -. D. SpendingChapter 4: Limiting the Scope of State Power over Interstate Commerce A. The Dormant Commerce Clause 2. Discrimination Against Interstate Commerce , Note: Intentional Discrimination and the Twenty-First Amendment 3. Neutral Burdens on Interstate CommerceChapter 5: Separation of Powers B. Executive Action 2. In Foreign Affairs Chapter 6: Due Process A. Procedural Due Process 1. Defining the Interests Protected by Due Process a. Property b. Liberty Notes from the Prison Underground: Liberty Interests of Prison Inmates 2. Determining the Process That Is Due B. Substantive Due Process 3. The Modern Revival: "Privacy" Rights d. The Right to Die e. Consensual Sexual ChoicesChapter 7: Economic Rights: The Takings and Contracts Clauses A. The Takings Clause 1. The Public Use Requirement Kelo v. City of New London Note and Problem 2. Regulatory Takings: When Does Regulation Become a Taking? c. The Balancing Approach Note: The Scope of the Balancing Approach: Further ClarificationChapter 8: Equal Protection C. Strict Scrutiny and Suspect Classifications: Race and Ethnicity 2. Purposeful Discrimination Required 4. Affirmative Action c. Race and Admissions to Public Universities Note: The Primacy of Strict Scrutiny of Racial Classifications F. Fundamental Rights: Strict Scrutiny Redux 3. Voting: GerrymandersChapter 9: Free Expression of Ideas C. Content-Neutral Regulations of Speech 2. Symbolic Conduct……Chapter 10 The Religion ClausesChapter 11 State Action and the Power to Enforce Constitutional Rights
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