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Constitutional Law in a Nutshell (Paperback, 10th Revised edition)
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Constitutional Law in a Nutshell (Paperback, 10th Revised edition)
Series: Nutshell Series
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This 10th edition of Constitutional Law in a Nutshell summarizes
constitutional law from Marbury v. Madison (1803), to the present.
The goal has been to discuss the Supreme Court's cases in enough
detail to be helpful but not to be verbose in doing so. In this
edition we feature thirty new cases. Some of the highlights include
Rucho v. Common Cause (2-10) where the Court held 5-4, per Chief
Justice Roberts, that partisan gerrymandering is a non-justiciable
issue beyond the competence of the federal judiciary. In Department
of Commerce v. New York (2019), although the Court ruled that the
Enumeration Clause of the Constitution grants authority to Congress
and "by extension" to the Secretary of Commerce to include a
question about citizenship on the 2020 Census questionnaire, the
Court could not approve it because the rationale presented to the
Court was contrived and was based on a pretext. In Timbs v. Indiana
(2019), the Court demonstrated that there still is vitality in the
incorporation doctrine and held that the Excessive Fines Clause of
the Eighth Amendment is an "incorporated" protection applicable to
the States under the Due Process Clause of the Fourteenth
Amendment. As ever, the free expression area is once again fertile
ground for generating Supreme Court case law. In Janus v. American
Federation of State, County and Municipal Employees (2018), the
Supreme Court, per Justice Alito, 5-4, reversed the 40 year old
Abood v. Detroit Board of Education (1977) precedent and held that
its ruling requiring non-union members of a public sector union to
pay for the collective bargaining of the union is a violation of
the First Amendment. In Matal v.Tam (2017), the Court unanimously
held that a Lanham Act provision prohibiting the registration of
trademarks that "disparage--or bring--into contempt or disrepute"
any persons living or dead is a violation of the First Amendment.
In the area of freedom of religion, the Court in Trump v. Hawaii
(2018), held, 5-4, per Chief Justice Roberts, that a Proclamation
prohibiting or limiting the entry into the United States of
nationals from seven countries with Muslim majorities did not
violate the Establishment Clause. The Proclamation could reasonably
be justified on grounds of national security rather than religious
hostility. In American Legion v. American Humanist Association
(2019), the Court held, 7-2, per Justice Alito, that the
Bladensburg Peace Cross, erected in 1925 on public land in Maryland
as a memorial to veterans of World War I did not constitute a
violation of the Establishment Clause. Government action which
removes monuments that have religious symbolism and that have long
been on public land could be seen as "aggressively hostile to
religion." Finally, in this edition, as in previous ones, the goal
has been to present the essence of the Court's decisions in a
concise, readable and understandable way.
General
Imprint: |
West Academic Press
|
Country of origin: |
United States |
Series: |
Nutshell Series |
Release date: |
September 2021 |
Authors: |
Jerome A Barron
• C. Thomas Dienes
|
Dimensions: |
187 x 124 x 34mm (L x W x T) |
Format: |
Paperback
|
Pages: |
854 |
Edition: |
10th Revised edition |
ISBN-13: |
978-1-68467-328-5 |
Categories: |
Books >
Law >
General
|
LSN: |
1-68467-328-3 |
Barcode: |
9781684673285 |
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