Supreme Court and the Constitution: Readings in American Constitutional History - 3rd edition
Supreme Court and the Constitution: Readings in American Constitutional History - 3rd edition
Edition: 3RD 84
Copyright: 1984
Publisher: W.W. Norton & Co.
Published: 1984
International: No
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Summary
The new Third Edition covers cases down to the present, including important decisions on racial discrimination, privacy, the rights of women, the ''new equal protection'' and the welfare state, and executive power.The cases, selected for their long-standing significance for constitutional law, are arranged in chronological fashion and further subdivided into pertinent topical categories. Headnotes for each case are designed to familiarize the reader with the historical and constitutional context, the factual background, and the relationship of the case to prior and subsequent ones.While the cases are, of course, edited, generous extracts are provided so that the reader may more fully understand the legal, political, social, and economical considerations employed in a judicial decision. Where appropriate, portions of dissenting opinions are included. Emphasis is on cases which best depict the Supreme Court's role in the making of public policy, particularly those Supreme Court decisions that have served as an instrument for reform and change.
Table of Contents
PREFACE
I The Genesis of Judicial Power: The 1790's
A. The Federal Judiciary and the States
Chisholm v. Georgia
B. State Laws and Vested Rights
Vanhorne's Lessee v. Dorrance
Calder v. Bull
C. National Supremacy Ware v. Hylton
D. Congressional Power Hylton v. United States
II The Marshall Era: 1801-1835
A. Judicial Review
Marbury v. Madison
Eakin v. Raub
B. Federal Judicial Supremacy
Martin v. Hunter's Lessee
Cohens v. Virginia
C. Implied Powers and Federalism
McCulloch v. Maryland
Barron v. Baltimore
D. The Contract Clause
Fletcher v. Peck
Dartmouth College v. Woodward
Ogden v. Saunders
Providence Bank v. Billings
E. The Commerce Clause
Gibbons v. Ogden
Willson v. Black Bird Creek Marsh Co.
III The Taney Era: 1837-1864
A. Federal Judicial Power
Luther v. Borden
The Propeller Genesee Chief v. Fitzhugh
Ableman v. Booth
B. The Contract Clause
Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
Ohio Life Insurance and Trust Co. v. Debolt
Dodge v. Woolsey
C. The Commerce Clause
New York v. Miln
The Passenger Cases
Cooley v. Board of Wardens of the Port of Philadelphia
D. Corporations
Bank of Augusta v. Earle
Louisville, Cincinnati and Charlestown
Railroad Co. v. Letson
E. Slavery
Prigg v. Pennsylvania
Dred Scott v. Sandford
IV Civil War, Reconstruction, and Racism
A. War Powers
The Prize Cases
Ex Parte Milligan
B. Reconstruction
Cummings v. Missouri
Mississippi v. Johnson
Ex Parte McCardle
Texas v. White
C. Legal Tenders
Hepburn v. Griswold
Legal Tender Cases
D. The States and Civil Rights
Slaughter-House Cases
Hurtado v. California
E. The Freedman and the Constitution
United States v. Reese
Civil Rights Cases
Virginia v. Rives
Hall v. DeCuir
Plessy v. Ferguson
V The Constitution and the Economy: 1873-1917
A. State Rate Regulation and Due Process
Slaughter-House Cases
Munn v. Illinois
Wabash, St. Louis and Pacific Ry. Co. v. Illinois
Chicago, Milwaukee, St. Paul Ry. Co. v. Minnesota
Smyth v. Ames
B. Federal Transportation Regulation
Interstate Commerce Commission v. Cinti., New Orleans and Tex. Pac. Ry. Co.
Interstate Commerce Commission v. Illinois
Central Railroad Co.
Houston, East and West Texas Ry. Co. v. United States
C. Problems of Monopoly
United States v. E. C. Knight Co.
Northern Securities Company v. United States
Swift and Co. v. United States
Standard Oil Co. of New Jersey v. United States
D. The Fourteenth Amendment and Freedom of Contract
Lochner v. New York
Muller v. Oregon
Bunting v. Oregon
E. Labor Problems
In Re Debs
Loewe v. Lawlor
Adair v. United States
F. Income Tax Pollock v. Farmers' Loan and Trust Co.
G. Federal Police Power
Lottery Case
McCray v. United States
VI War, Radicalism, and Reaction: 1917-1933
A. Conscription and the War Power
Selective Draft Law Cases
B. Radicalism and the First Amendment
Schenck v. United States
Abrams v. United States
Gitlow v. New York
Whitney v. California
C. Economic Regulation and Normalcy
Hammer v. Dagenhart
Child Labor Tax Case
Truax v. Corrigan
Adkins v. Children's Hospital
Wolff Packing Co. v. Court of Industrial Relations
Stafford v. Wallace
VII Judicial Power and Constitutional Change: 1933-1964
A. Depression and Constitutional Crisis:
Home Building and Loan Association v. Blaisdell
Nebbia v. New York
Schechter Poultry Corp. v. United States
Carter v. Carter Coal Co.
United States v. Butler
B. New Directions in Governmental Regulation
West Coast Hotel Company v. Parrish
National Labor Relations Board v. Jones and Laughlin Steel Corp.
United States v. Darby Lumber Company
Wickard v. Filburn
Steward Machine Company v. Davis
Ferguson v. Skrupa
Katzenbach v. McClung
VIII Authority and Liberty: Modern Constitutional Tensions
A. The First Amendment: Freedom of Expression and Assembly
Dennis v. United States
Yates v. United States
Watkins v. United States
Barenblatt v. United States
Cox v. Louisiana
Brandenburg v. Ohio
Buckley v. Valeo
United States v. O'Brien
Tinker v. Des Moines School District
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
B. The First Amendment: Freedom of the
Press, Censorship, and Obscenity
Near v. Minnesota
New York Times Co. v. Sullivan
New York Times Co. v. United States
A Book Named [Fanny Hill] v. Attorney
General of Massachusetts; Ginzburg
United States; Mishkin v. New York
Miller v. California
C. The First Amendment: Freedom of-and from-Religion
West Virginia Board of Education v. Barnette
Everson v. Board of Education of the Township of Ewing
Zorach v. Clauson
Engel v. Vitale
Wisconsin v. Yoder
Welsh v. United States
Mueller v. Allen
D. Racial Discrimination and the Search for Equality
Brown v. Board of Education of Topeka
Cooper v. Aaron
Swann v. Charlotte-Mecklenburg Board of Education
Burton v. Wilmington Parking Authority
Heart of Atlanta Motel, Inc. v. United States
Jones v. Alfred H. Mayer Co.
Washington, Mayor of Washington v. Davis
E. Voting Rights
Smith v. Allwright
South Carolina v. Katzenbach, Attorney General
Baker v. Carr
Reynolds v. Sims
F. Rights of the Accused
Mapp v. Ohio
Malloy v. Hogan, Sheriff
Gideon v. Wainwright
In Re Gault
Miranda v. Arizona
Harris v. New York
Gregg v. Georgia
G. Privacy and Personal Relations
Griswold v. Connecticut
Roe v. Wade
City of Akron v. Akron Center for
Reproductive Health, Inc.
H. Due Process, the ''New Equal Protection,'' and the Welfare State
Shapiro v. Thompson
Goldberg v. Kelly
Weber v. Aetna Casualty & Surety Co.
United States Department of Agriculture v. Moreno
Reed v. Reed, Administrator
Frontiero v. Richardson, Secretary of Defense
Regents of the University of California v. Bakke
Fullilove v. Klutznick
I. Executive Power: Prerogatives and Limits
United States v. Curtiss-Wright Export Corp.
Korematsu v. United States
Youngstown Sheet & Tube Co. v. Sawyer
United States v. United States District
Court for the Eastern District of Michigan
United States v. Nixon
Dames & Moore v. Regan, Secretary of Treasury
APPENDIXES
The Constitution of the United States
Justices of the United States Supreme Court, 1789-1983
Table of Cases
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The new Third Edition covers cases down to the present, including important decisions on racial discrimination, privacy, the rights of women, the ''new equal protection'' and the welfare state, and executive power.The cases, selected for their long-standing significance for constitutional law, are arranged in chronological fashion and further subdivided into pertinent topical categories. Headnotes for each case are designed to familiarize the reader with the historical and constitutional context, the factual background, and the relationship of the case to prior and subsequent ones.While the cases are, of course, edited, generous extracts are provided so that the reader may more fully understand the legal, political, social, and economical considerations employed in a judicial decision. Where appropriate, portions of dissenting opinions are included. Emphasis is on cases which best depict the Supreme Court's role in the making of public policy, particularly those Supreme Court decisions that have served as an instrument for reform and change.
PREFACE
I The Genesis of Judicial Power: The 1790's
A. The Federal Judiciary and the States
Chisholm v. Georgia
B. State Laws and Vested Rights
Vanhorne's Lessee v. Dorrance
Calder v. Bull
C. National Supremacy Ware v. Hylton
D. Congressional Power Hylton v. United States
II The Marshall Era: 1801-1835
A. Judicial Review
Marbury v. Madison
Eakin v. Raub
B. Federal Judicial Supremacy
Martin v. Hunter's Lessee
Cohens v. Virginia
C. Implied Powers and Federalism
McCulloch v. Maryland
Barron v. Baltimore
D. The Contract Clause
Fletcher v. Peck
Dartmouth College v. Woodward
Ogden v. Saunders
Providence Bank v. Billings
E. The Commerce Clause
Gibbons v. Ogden
Willson v. Black Bird Creek Marsh Co.
III The Taney Era: 1837-1864
A. Federal Judicial Power
Luther v. Borden
The Propeller Genesee Chief v. Fitzhugh
Ableman v. Booth
B. The Contract Clause
Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
Ohio Life Insurance and Trust Co. v. Debolt
Dodge v. Woolsey
C. The Commerce Clause
New York v. Miln
The Passenger Cases
Cooley v. Board of Wardens of the Port of Philadelphia
D. Corporations
Bank of Augusta v. Earle
Louisville, Cincinnati and Charlestown
Railroad Co. v. Letson
E. Slavery
Prigg v. Pennsylvania
Dred Scott v. Sandford
IV Civil War, Reconstruction, and Racism
A. War Powers
The Prize Cases
Ex Parte Milligan
B. Reconstruction
Cummings v. Missouri
Mississippi v. Johnson
Ex Parte McCardle
Texas v. White
C. Legal Tenders
Hepburn v. Griswold
Legal Tender Cases
D. The States and Civil Rights
Slaughter-House Cases
Hurtado v. California
E. The Freedman and the Constitution
United States v. Reese
Civil Rights Cases
Virginia v. Rives
Hall v. DeCuir
Plessy v. Ferguson
V The Constitution and the Economy: 1873-1917
A. State Rate Regulation and Due Process
Slaughter-House Cases
Munn v. Illinois
Wabash, St. Louis and Pacific Ry. Co. v. Illinois
Chicago, Milwaukee, St. Paul Ry. Co. v. Minnesota
Smyth v. Ames
B. Federal Transportation Regulation
Interstate Commerce Commission v. Cinti., New Orleans and Tex. Pac. Ry. Co.
Interstate Commerce Commission v. Illinois
Central Railroad Co.
Houston, East and West Texas Ry. Co. v. United States
C. Problems of Monopoly
United States v. E. C. Knight Co.
Northern Securities Company v. United States
Swift and Co. v. United States
Standard Oil Co. of New Jersey v. United States
D. The Fourteenth Amendment and Freedom of Contract
Lochner v. New York
Muller v. Oregon
Bunting v. Oregon
E. Labor Problems
In Re Debs
Loewe v. Lawlor
Adair v. United States
F. Income Tax Pollock v. Farmers' Loan and Trust Co.
G. Federal Police Power
Lottery Case
McCray v. United States
VI War, Radicalism, and Reaction: 1917-1933
A. Conscription and the War Power
Selective Draft Law Cases
B. Radicalism and the First Amendment
Schenck v. United States
Abrams v. United States
Gitlow v. New York
Whitney v. California
C. Economic Regulation and Normalcy
Hammer v. Dagenhart
Child Labor Tax Case
Truax v. Corrigan
Adkins v. Children's Hospital
Wolff Packing Co. v. Court of Industrial Relations
Stafford v. Wallace
VII Judicial Power and Constitutional Change: 1933-1964
A. Depression and Constitutional Crisis:
Home Building and Loan Association v. Blaisdell
Nebbia v. New York
Schechter Poultry Corp. v. United States
Carter v. Carter Coal Co.
United States v. Butler
B. New Directions in Governmental Regulation
West Coast Hotel Company v. Parrish
National Labor Relations Board v. Jones and Laughlin Steel Corp.
United States v. Darby Lumber Company
Wickard v. Filburn
Steward Machine Company v. Davis
Ferguson v. Skrupa
Katzenbach v. McClung
VIII Authority and Liberty: Modern Constitutional Tensions
A. The First Amendment: Freedom of Expression and Assembly
Dennis v. United States
Yates v. United States
Watkins v. United States
Barenblatt v. United States
Cox v. Louisiana
Brandenburg v. Ohio
Buckley v. Valeo
United States v. O'Brien
Tinker v. Des Moines School District
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
B. The First Amendment: Freedom of the
Press, Censorship, and Obscenity
Near v. Minnesota
New York Times Co. v. Sullivan
New York Times Co. v. United States
A Book Named [Fanny Hill] v. Attorney
General of Massachusetts; Ginzburg
United States; Mishkin v. New York
Miller v. California
C. The First Amendment: Freedom of-and from-Religion
West Virginia Board of Education v. Barnette
Everson v. Board of Education of the Township of Ewing
Zorach v. Clauson
Engel v. Vitale
Wisconsin v. Yoder
Welsh v. United States
Mueller v. Allen
D. Racial Discrimination and the Search for Equality
Brown v. Board of Education of Topeka
Cooper v. Aaron
Swann v. Charlotte-Mecklenburg Board of Education
Burton v. Wilmington Parking Authority
Heart of Atlanta Motel, Inc. v. United States
Jones v. Alfred H. Mayer Co.
Washington, Mayor of Washington v. Davis
E. Voting Rights
Smith v. Allwright
South Carolina v. Katzenbach, Attorney General
Baker v. Carr
Reynolds v. Sims
F. Rights of the Accused
Mapp v. Ohio
Malloy v. Hogan, Sheriff
Gideon v. Wainwright
In Re Gault
Miranda v. Arizona
Harris v. New York
Gregg v. Georgia
G. Privacy and Personal Relations
Griswold v. Connecticut
Roe v. Wade
City of Akron v. Akron Center for
Reproductive Health, Inc.
H. Due Process, the ''New Equal Protection,'' and the Welfare State
Shapiro v. Thompson
Goldberg v. Kelly
Weber v. Aetna Casualty & Surety Co.
United States Department of Agriculture v. Moreno
Reed v. Reed, Administrator
Frontiero v. Richardson, Secretary of Defense
Regents of the University of California v. Bakke
Fullilove v. Klutznick
I. Executive Power: Prerogatives and Limits
United States v. Curtiss-Wright Export Corp.
Korematsu v. United States
Youngstown Sheet & Tube Co. v. Sawyer
United States v. United States District
Court for the Eastern District of Michigan
United States v. Nixon
Dames & Moore v. Regan, Secretary of Treasury
APPENDIXES
The Constitution of the United States
Justices of the United States Supreme Court, 1789-1983
Table of Cases
Published: 1984
International: No
Summary
The new Third Edition covers cases down to the present, including important decisions on racial discrimination, privacy, the rights of women, the ''new equal protection'' and the welfare state, and executive power.The cases, selected for their long-standing significance for constitutional law, are arranged in chronological fashion and further subdivided into pertinent topical categories. Headnotes for each case are designed to familiarize the reader with the historical and constitutional context, the factual background, and the relationship of the case to prior and subsequent ones.While the cases are, of course, edited, generous extracts are provided so that the reader may more fully understand the legal, political, social, and economical considerations employed in a judicial decision. Where appropriate, portions of dissenting opinions are included. Emphasis is on cases which best depict the Supreme Court's role in the making of public policy, particularly those Supreme Court decisions that have served as an instrument for reform and change.
Table of Contents
Table of Contents
PREFACE
I The Genesis of Judicial Power: The 1790's
A. The Federal Judiciary and the States
Chisholm v. Georgia
B. State Laws and Vested Rights
Vanhorne's Lessee v. Dorrance
Calder v. Bull
C. National Supremacy Ware v. Hylton
D. Congressional Power Hylton v. United States
II The Marshall Era: 1801-1835
A. Judicial Review
Marbury v. Madison
Eakin v. Raub
B. Federal Judicial Supremacy
Martin v. Hunter's Lessee
Cohens v. Virginia
C. Implied Powers and Federalism
McCulloch v. Maryland
Barron v. Baltimore
D. The Contract Clause
Fletcher v. Peck
Dartmouth College v. Woodward
Ogden v. Saunders
Providence Bank v. Billings
E. The Commerce Clause
Gibbons v. Ogden
Willson v. Black Bird Creek Marsh Co.
III The Taney Era: 1837-1864
A. Federal Judicial Power
Luther v. Borden
The Propeller Genesee Chief v. Fitzhugh
Ableman v. Booth
B. The Contract Clause
Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge
Ohio Life Insurance and Trust Co. v. Debolt
Dodge v. Woolsey
C. The Commerce Clause
New York v. Miln
The Passenger Cases
Cooley v. Board of Wardens of the Port of Philadelphia
D. Corporations
Bank of Augusta v. Earle
Louisville, Cincinnati and Charlestown
Railroad Co. v. Letson
E. Slavery
Prigg v. Pennsylvania
Dred Scott v. Sandford
IV Civil War, Reconstruction, and Racism
A. War Powers
The Prize Cases
Ex Parte Milligan
B. Reconstruction
Cummings v. Missouri
Mississippi v. Johnson
Ex Parte McCardle
Texas v. White
C. Legal Tenders
Hepburn v. Griswold
Legal Tender Cases
D. The States and Civil Rights
Slaughter-House Cases
Hurtado v. California
E. The Freedman and the Constitution
United States v. Reese
Civil Rights Cases
Virginia v. Rives
Hall v. DeCuir
Plessy v. Ferguson
V The Constitution and the Economy: 1873-1917
A. State Rate Regulation and Due Process
Slaughter-House Cases
Munn v. Illinois
Wabash, St. Louis and Pacific Ry. Co. v. Illinois
Chicago, Milwaukee, St. Paul Ry. Co. v. Minnesota
Smyth v. Ames
B. Federal Transportation Regulation
Interstate Commerce Commission v. Cinti., New Orleans and Tex. Pac. Ry. Co.
Interstate Commerce Commission v. Illinois
Central Railroad Co.
Houston, East and West Texas Ry. Co. v. United States
C. Problems of Monopoly
United States v. E. C. Knight Co.
Northern Securities Company v. United States
Swift and Co. v. United States
Standard Oil Co. of New Jersey v. United States
D. The Fourteenth Amendment and Freedom of Contract
Lochner v. New York
Muller v. Oregon
Bunting v. Oregon
E. Labor Problems
In Re Debs
Loewe v. Lawlor
Adair v. United States
F. Income Tax Pollock v. Farmers' Loan and Trust Co.
G. Federal Police Power
Lottery Case
McCray v. United States
VI War, Radicalism, and Reaction: 1917-1933
A. Conscription and the War Power
Selective Draft Law Cases
B. Radicalism and the First Amendment
Schenck v. United States
Abrams v. United States
Gitlow v. New York
Whitney v. California
C. Economic Regulation and Normalcy
Hammer v. Dagenhart
Child Labor Tax Case
Truax v. Corrigan
Adkins v. Children's Hospital
Wolff Packing Co. v. Court of Industrial Relations
Stafford v. Wallace
VII Judicial Power and Constitutional Change: 1933-1964
A. Depression and Constitutional Crisis:
Home Building and Loan Association v. Blaisdell
Nebbia v. New York
Schechter Poultry Corp. v. United States
Carter v. Carter Coal Co.
United States v. Butler
B. New Directions in Governmental Regulation
West Coast Hotel Company v. Parrish
National Labor Relations Board v. Jones and Laughlin Steel Corp.
United States v. Darby Lumber Company
Wickard v. Filburn
Steward Machine Company v. Davis
Ferguson v. Skrupa
Katzenbach v. McClung
VIII Authority and Liberty: Modern Constitutional Tensions
A. The First Amendment: Freedom of Expression and Assembly
Dennis v. United States
Yates v. United States
Watkins v. United States
Barenblatt v. United States
Cox v. Louisiana
Brandenburg v. Ohio
Buckley v. Valeo
United States v. O'Brien
Tinker v. Des Moines School District
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
B. The First Amendment: Freedom of the
Press, Censorship, and Obscenity
Near v. Minnesota
New York Times Co. v. Sullivan
New York Times Co. v. United States
A Book Named [Fanny Hill] v. Attorney
General of Massachusetts; Ginzburg
United States; Mishkin v. New York
Miller v. California
C. The First Amendment: Freedom of-and from-Religion
West Virginia Board of Education v. Barnette
Everson v. Board of Education of the Township of Ewing
Zorach v. Clauson
Engel v. Vitale
Wisconsin v. Yoder
Welsh v. United States
Mueller v. Allen
D. Racial Discrimination and the Search for Equality
Brown v. Board of Education of Topeka
Cooper v. Aaron
Swann v. Charlotte-Mecklenburg Board of Education
Burton v. Wilmington Parking Authority
Heart of Atlanta Motel, Inc. v. United States
Jones v. Alfred H. Mayer Co.
Washington, Mayor of Washington v. Davis
E. Voting Rights
Smith v. Allwright
South Carolina v. Katzenbach, Attorney General
Baker v. Carr
Reynolds v. Sims
F. Rights of the Accused
Mapp v. Ohio
Malloy v. Hogan, Sheriff
Gideon v. Wainwright
In Re Gault
Miranda v. Arizona
Harris v. New York
Gregg v. Georgia
G. Privacy and Personal Relations
Griswold v. Connecticut
Roe v. Wade
City of Akron v. Akron Center for
Reproductive Health, Inc.
H. Due Process, the ''New Equal Protection,'' and the Welfare State
Shapiro v. Thompson
Goldberg v. Kelly
Weber v. Aetna Casualty & Surety Co.
United States Department of Agriculture v. Moreno
Reed v. Reed, Administrator
Frontiero v. Richardson, Secretary of Defense
Regents of the University of California v. Bakke
Fullilove v. Klutznick
I. Executive Power: Prerogatives and Limits
United States v. Curtiss-Wright Export Corp.
Korematsu v. United States
Youngstown Sheet & Tube Co. v. Sawyer
United States v. United States District
Court for the Eastern District of Michigan
United States v. Nixon
Dames & Moore v. Regan, Secretary of Treasury
APPENDIXES
The Constitution of the United States
Justices of the United States Supreme Court, 1789-1983
Table of Cases
