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Constitutional Law and American Democracy: Cases and Readings

Corey L. Brettschneider


  • ISBN: 9780735579828

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  • Details
    Page Count 0
    Published 04/03/2012
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    Chapter 1: Judicial Authority
    A. Origins of Judicial Review

    Chapter 2: Theories of Interpretation
    A. Originalist Theories
    B. Proceduralism
    C. Moral Reading
    D. Pragmatism and Consequentialism


    Chapter 3: Congressional Authority and Its Limits
    A. The Idea of Enumerated Powers
    B. The Battle over Economic Regulation
    C. New Federalism

    Chapter 4: Presidential Authority and its Limits
    A. The Executive and Separation of Powers
    B. Foreign Affairs and the Power to Declare War
    C. Military Detention
    D. The Presidency and the Rule of Law


    Chapter 5: Speech
    A. Political Speech
    B. Obscene Speech and Pornography

    Chapter 6: Religion
    A. Free Exercise and Accommodation
    B. Establishment, Public Funding, and Prayer

    Chapter 7: Substantive Due Process and Fundamental Rights

    A. Economic Substantive Due Process
    B. Rights of the Family
    C. Sex, Reproductive Freedom, and Abortion
    D. Right to Die


    Chapter 8: Race and Equality
    A. Slavery, Segregation, and American Racism
    B. Affirmative Action
    C. Voting Discrimination

    Chapter 9: Gender, Sexual Orientation, and Equality

    A. Sex and Gender
    B. Sexual Orientation

  • Author Information

    Corey L. Brettschneider

    Corey Brettschneider is a Professor of Political Science and holds a courtesy appointment in Philosophy at Brown University, where he teaches courses in political theory and public law. Brettschneider has been a Rockefeller Faculty Fellow at the Princeton University Center for Human Values, a Visiting Associate Professor at Harvard Law School, and a Faculty Fellow at the Harvard Safra Center for Ethics.

    Professor Brettschneider received a PhD in Politics from Princeton University and a JD from Stanford University. He is the author of Value Democracy: Promoting Equality and Protecting Rights (Princeton University Press, 2012) and Democratic Rights: The Substance of Self-Government (Princeton University Press, 2007). His articles have appeared in top journals. They include ''The Politics of the Personal: A Liberal Approach,'' in the American Political Science Review (2007), ''A Transformative Theory of Religious Freedom,'' in Political Theory (2010), and ''When the State Speaks, What Should it Say? Democratic Persuasion and the Freedom of Expression,'' in Perspectives on Politics (2011).

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