Processes of Constitutional Decisionmaking: Cases and MaterialsLittle, Brown, 1983 - 1416 pages The authors seek to explore the structure and operation, as well as the doctrines, of American constitutional law, by examining the processes of constitutional decisionmaking. Part I examines the four recurring constitutional issues of federalism, property rights, racial equality and judicial review concurrently within each of several periods. Part II focuses on contemporary issues under the due process and equal protection clauses and is concerned with strategies of constitutional decisionmaking when the text of the constitution does not provide significant guidance. Part III covers issues of institutional competence and authority, justifications for judicial review, decisionmaking authority of nonjudicial institutions, such as that of the U.S. Congress under the "political question" doctrine. Part IV deals with the clauses of the First Amendment protecting the freedoms of speech and the press. ISBN 0-316-10794-8 : $32.00. |
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abortion action adopted appellate appellees applied argued argument Article asserted authority basis benefits Brennan burden Chief Justice citizens civil rights classification commerce clause concurring Congress congressional Connecticut Constitution constitutionally contract decision denied desegregation discrimination discriminatory dissenting District Court doctrine Due Process Clause economic effect enacted enforce Equal Protection Clause established exclusive exercise federal Fifth Amendment Fourteenth Amendment fundamental governmental grant immunities imposed individual interest interstate commerce invalidated issue judgment judicial judicial review jurisdiction Justice Brennan Justice Douglas Justice Powell Justice Stewart legislative legislature legitimate liberty limited Marshall means necessary Negro objectives operation opinion persons political President principle privileges procedural prohibition purpose question race racial racial segregation reason require respect segregation social State's statute substantial substantive due process supra Supreme Court T]he unconstitutional United violation vote welfare women