Alpheus Thomas Mason - American Constitutional Law: Introductory Essays and Selected Cases + Mysearchlab

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Amercian Constitutional Law

This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students understanding of and interest in these critical areas of our governmental system.

New to the 17th Edition

• 9 new cases ('including 2 cases from the 2015-2016 term decided by 8 justices) and discussion of 30 additional new cases.
• New case highlights include Sebelius on Obamacare, Obergefell on same sex marriage, and 2 new cases on government surveillance,
• Covers the death of Justice Antonin Scalia and ensuing controversies.
• Updates every chapter-opening essay and end-of-chapter Selected Readings.
• Provides an author-written online Instructor's Manual with Test Bank, historical Supreme Court documents, noteworthy decisions and dissents, and cases from previous editions.

Alpheus Thomas Mason (late) was McCormick Professor of Jurisprudence Emeritus at Princeton University.

Donald Grier Stephenson, Jr. is Charles A. Dana Professor of Government at Franklin & Marshall College.

Praise for the 17th Edition

Mason and Stephensons American Constitutional Law remains the leader among singlevolume undergraduate constitutional law casebooks. The new edition has been updated to cover cases through the most recent Supreme Court term as well as the Senate filibuster rule change on judicial nominations, the Senate stalemate following Justice Scalias death, and Court-related facets of the 2016 presidential election. The cases have been masterfully edited, and meticulously written introductory essays place them in their proper context. The engaging part of a course on constitutional law comes from the professor, not the textbook. But Mason and Stephenson certainly make the job easier.

Richard A. Glenn , Millersville University

In the new edition of American Constitutional Law , Mason and Stephenson provide an illuminating look into the institutional tensions inherent in the constitution. This singlevolume introduction to Constitutional Law covers both the structure of government as well as the peoples rights and liberties. By integrating the latest in Supreme Court politics and electoral politics, this text provides students with the latest perspectives on constitutional developments.

Kati Mohammad-Zadeh , University of Minnesota

With this new edition, Mason and Stephensons American Constitutional Law continues to be the gold standard. The book introduction immediately intrigues the reader and offers a rich historical background. The cases are thoughtfully selected, introduced with clear and engaging explanations.

Robert J. Bresler , Pennsylvania State University

Seventeenth Edition

American Constitutional Law

Introductory Essays and Selected Cases

Alpheus Thomas Mason (late)
Princeton University
Donald Grier Stephenson, Jr.
Franklin & Marshall College

Published 2018
by Routledge
711 Third Avenue, New York, NY 10017

and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 Taylor & Francis

The right of Alpheus Thomas Mason and Donald Grier Stephenson, Jr. to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Sixteenth edition published by Pearson Education, Inc. 2012, and Routledge 2016

Visit the eResource: www.routledge.com/9781138227835

Library of Congress Cataloging-in-Publication Data

Names: Mason, Alpheus Thomas, 18991989, author. | Stephenson, D. Grier, author.

Title: American constitutional law : introductory essays and selected cases / Alpheus Thomas Mason (late), Princeton University; Donald Grier Stephenson, Jr., Franklin & Marshall College.

Description: Seventeenth edition. | New York, NY : Routledge, 2017.

Identifiers: LCCN 2017004579 | ISBN 9781138227798 (hardback) | ISBN 9781138227835 (pbk.) | ISBN 9781315394589 (ebook)

Subjects: LCSH: Constitutional lawUnited States. | LCGFT: Casebooks.

Classification: LCC KF4550 .M2687 2017 | DDC 342.73dc23

LC record available at https://lccn.loc.gov/2017004579

ISBN: 978-1-138-22779-8 (hbk)
ISBN: 978-1-138-22783-5 (pbk)
ISBN: 978-1-315-39458-9 (ebk)

Typeset in Garamond
by Apex CoVantage, LLC

In honor of my grandchildren
Jackson Kincaid Coyle
Everett Donald Langenberg
Benjamin Ronald Langenberg
D. G. S., Jr.

Contents

1. INTRODUCTION
   A POLITICAL SUPREME COURT
2. CHAPTER ONE
   JURISDICTION AND ORGANIZATION OF THE FEDERAL COURTS
   1. The Judicial Power
   2. Supreme Court Decision Making
   3. Source Materials
   4. Reading a Supreme Court Decision
   5. Key Terms
   6. Queries
   7. Selected Readings
3. CHAPTER TWO
   THE CONSTITUTION, THE SUPREME COURT, AND JUDICIAL REVIEW
   1. Granting and Limiting Power
   2. The Doctrine of Judicial Review
   3. Influences on Judicial Decision Making
   4. Checks on Judicial Power
   5. Finality of Supreme Court Decisions
   6. Approaches to Constitutional Interpretation
   7. Judicial ReviewA Distinctively American Contribution
   8. Key Terms
   9. Queries
   10. Selected Readings
   11. I. Establishing and Testing Judicial Review
       1. Unstaged Debate of 1788: Robert Yates v. Alexander Hamilton
       2. Marbury v. Madison (1803)
       3. Eakin v. Raub (1825)
       4. Scott v. Sandford (1857)
   12. II. External and Internal Checks on Judicial Power
       1. Ex parte McCardle (1869)
       2. Baker v. Carr (1962)
   13. III. Finality of Supreme Court Decisions
       1. City of Boerne v. Flores (1997)
       2. Unstaged Debate: Andrew Jackson, Abraham Lincoln, and Arkansas v. The Supreme Court
   14. IV. Approaches to Constitutional Interpretation
       1. Unstaged Debate of 1986: Judge Bork v. Professor Tribe
4. CHAPTER THREE
   CONGRESS AND THE PRESIDENT
   1. Separation of Powers
   2. Congress and Lawmaking
   3. The President and Executive Power
   4. Foreign Policy and National Security
   5. Key Terms
   6. Queries
   7. Selected Readings
   8. I. Delegation and Lawmaking
      1. Mistretta v. United States (1989)
      2. Immigration and Naturalization Service v. Chadha (1983)
      3. Clinton v. City of New York (1998)
   9. II. Congressional Investigations
      1. Watkins v. United States (1957)
      2. Barenblatt v. United States (1959)
   10. III. Presidential Privilege and Immunity
       1. United States v. Nixon (1974)
       2. Nixon v. Fitzgerald (1982)
       3. Clinton v. Jones (1997)
   11. IV. Appointment and Removal
       1. Myers v. United States (1926)

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