| 1 The Constitution, American Democracy, and the Supreme Court |
The Development of the Constitution |
The Place of the Judiciary |
The Constitution, Constitutional Law, and the Supreme Court |
Box 1.1 Appealing a Case to the Supreme Court |
Opinions of the Court |
Box 1.2 Locating Judicial Opinions |
The Court and the Issues of the Day |
Judicial Review, Judicial Restraint, Judicial Activism: Cases |
1.1 Marbury v. Madison (1803) |
1.2 Baker v. Carr (1962) |
1.3 Griswold v. Connecticut (1965) |
Rulings in Context: the Constitution, American Democracy, and the Supreme Court |
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| 2 Organizing Government and Sharing Powers |
The Science of Federalism |
Separation of Powers |
Federalism: Cases |
2.1 McCulloch v. Maryland (1819) |
2.2 United States v. Darby Lumber Co. (1941) |
2.3 United States v. Lopez (1995) |
2.4 United States v. Morrison (2000) |
2.5 Nevada Department of Resources v. Hibbs (2003) |
Rulings in Context: Federalism |
The Separation of Powers: Cases |
2.6 Youngstown Sheet & Tube Co. v. Sawyer |
Rulings in Context: The Separation of Powers |
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| 3 Expression and the Religion Clauses |
The Religion Clauses |
The Rights of Free Speech, Free Press, Free Assembly |
Box 3.1 A Note on Incorporation |
Free Expression: Cases |
3.1 Texas v. Johnson (1989) |
3.2 National Endowment for the Arts v. Finley (1998) |
3.3 City of Erie v. Paps A.M., tdba "Kandyland" (2000) |
3.4 United States v. American Library Association (2003) |
Rulings in Context: Free Speech, Expression, and the Press |
The Free Exercise of Religion: Cases |
3.5 Employ. Division, Dept. of Human Resources, Oregon. v. Smith (1990) |
Rulings in Context: The Free Exercise of Religion |
The Establishment Clause: Cases |
3.6 Zelman v. Simmons-Harris (2002) |
3.7 McCreary v. ACLU (2005) |
Rulings in Context: The Establishment Clause |
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| 4 Equal Protection of the Laws |
The Meaning and Intention of the Fourteenth Amendment |
Integration and Affirmative Action |
Box 4.1 Three Judicial Tests for Deciding Equal Protection and Fundamental Rights Cases |
Segregation and Desegregation: Cases |
4.1 Plessy v. Ferguson (1896) |
4.2 Brown v. Board of Education of Topeka, Kansas (1954) |
4.3 Missouri v. Jenkins (1975) |
Rulings in Context: Segregation and Desegregation |
Affirmative Action and Race: Cases |
4.4 Adarand Constructors, Inc. v. Pena (1995) |
4.5 Grutter v. Bollinger (2003) |
Rulings in Context: Affirmative Action and Race |
Gender Discrimination: Cases |
4.6 United States v. Virginia (1996) |
4.7 Nguyen v. Immigration and Naturalization Service (2001) |
Rulings in Context: Non-Racial Classifications |
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| 5 Due Process of Law and Rights of the Accused |
Procedural Due Process |
Substantive Due Process |
Due Process: Cases |
5.1 Kyllo v. United States (2001) |
5.2 Bd. of Education of Ind. School District No. 92 of Pottawatomie County v. Earls (2002) |
5.3 Ewing v. California and Lockyer v. Andrade (2003) |
5.4 Wiggins v. Smith (2003) |
Box 5.1 The USA PATRIOT Act of 2001 |
5.5 Roper v. Simmons (2005) |
5.6 Hamdi v. Rumsfeld (2004) |
Rulings in Context: Due Process Clause and Rights of the Accused |
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| 6 Privacy |
"Discovering" Privacy in the Constitution |
Abortion: Cases |
6.1 Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) |
6.2 Stenberg v. Carhart (2000) |
Rulings in Context: Abortion Rights |
Right to Die: Cases |
6.3 Washington v. Glucksberg (1997) |
Rulings in Context: Right to Die |
Gay Rights: Cases |
6.4 Lawrence v. Texas (2003) |
Rulings in Context: Gay and Lesbian Rights |
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| Appendix The United States Constitution |