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Constitutional Debate in Action

Civil Rights and Liberties, Second Edition

H. L. Pohlman

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.

This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.

Each volume provides in-depth and updated examinations of key landmark decisions. Civil Rights & Liberties covers: Racial Discrimination: Brown v. Board of Education, Affirmative Action: Regents of University of Calif. v. Bakke, and Grutter v. Bollinger, Abortion: Roe v. Wade, and Planned Parenthood v. Casey, Hate Speech and Cross Burning: R. A. V. v. City of St. Paul, and Virginia v. Black, Peyote Use and Religious Freedom: Employment Div., Dept. of Human Resources of Oregon v. Smith; and new to the second edition, Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission.
  • Details
  • Details
  • Author
  • Author
  • TOC
  • TOC
Rowman & Littlefield Publishers
Pages: 320 • Trim: 6 x 9¼
978-0-7425-3666-1 • Hardback • January 2005 • $136.00 • (£105.00)
978-0-7425-3667-8 • Paperback • January 2005 • $53.00 • (£41.00)
978-0-7425-7494-6 • eBook • January 2005 • $50.00 • (£38.00)
Series: Constitutional Debate in Action
Subjects: Political Science / Constitutions
H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy and professor of political science at Dickinson College.
Chapter 1 Preface
Chapter 2 1 Racial Discrimination: Brown v. Board of Education
Chapter 3 Briefs
4 Legal Defense Fund's Brief (1952)
5 Brief for the State of Kansas (1952)
Chapter 6 Oral Argument (1952)
7 Briefs
8 Legal Defense Fund's Brief (1953)
9 Brief for the State of Kansas (1953)
10 Oral Argument (1953)
11 The Opinion
12 Postscript
Chapter 13 2 Affirmative Action: Regents of University of Calif. v. Bakke and Grutter v. Bollinger
14 I. Bakke and Its Background
15 Briefs
16 University of California Brief
17 Allan Bakke's Brief
18 Polish American Congress Amicus Brief
19 NAACP Legal Defense & Educational Fund Amicus Brief
20 Mexican American Legal Defense & Education Fund Amicus Brief
21 Anti-Defamation League of B'nai B'rith Amicus Brief
Chapter 22 Oral Argument
23 The Opinion
24 II. Developments After Bakke
Chapter 25 Briefs
26 Grutter's Brief
27 University of Michigan's Brief
28 United States' Brief
29 Brief of Lt. Gen. Julius W. Becton, et al.
30 Oral Argument
31 Opinions
Chapter 32 3 Abortion: Roe v. Wade and Planned Parenthood v. Casey
33 I. Roe and Its Background
34 Briefs
35 Roe's Brief (1971)
36 Texas's Brief (1971)
37 Oral Argument (1971)
38 Oral Reargument (1972)
39 The Opinion (1973)
40 II. Developments after Roe
41 Briefs
42 Planned Parenthood's Brief
43 Pennsylvania's Brief
44 Oral Argument
45 The Opinion
46 Postscript
Chapter 47 4 Hate Speech and Cross Burning: R. A. V. v. City of St. Paul and Virginia v. Black
48 I. Background to R. A. V.
49 Briefs
50 R. A. V.'s Brief
51 St. Paul's Brief
52 Oral Argument
53 The Opinion
54 II. Post-R. A. V. Developments
55 Briefs
56 Virginia's Brief
57 Respondent's Brief
58 Virginia's Reply Brief
59 Oral Argument
60 Opinions
Chapter 61 5 Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission
62 Briefs
63 Senator McConnell's Brief
64 Brief for the Federal Election Commission
65 Oral Argument
66 The Opinion
Chapter 67 6 Peyote Use and Religious Freedom:
Employment Div., Dept. of Human Resources of Oregon v. Smith
68 Briefs
69 Oregon's Brief
70 Smith's Brief
71 Oral Argument
72 The Opinion
73 Postscript

Constitutional Debate in Action

Civil Rights and Liberties, Second Edition

Cover Image
Hardback
Paperback
eBook
Summary
Summary
  • Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.

    This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.

    Each volume provides in-depth and updated examinations of key landmark decisions. Civil Rights & Liberties covers: Racial Discrimination: Brown v. Board of Education, Affirmative Action: Regents of University of Calif. v. Bakke, and Grutter v. Bollinger, Abortion: Roe v. Wade, and Planned Parenthood v. Casey, Hate Speech and Cross Burning: R. A. V. v. City of St. Paul, and Virginia v. Black, Peyote Use and Religious Freedom: Employment Div., Dept. of Human Resources of Oregon v. Smith; and new to the second edition, Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission.
Details
Details
  • Rowman & Littlefield Publishers
    Pages: 320 • Trim: 6 x 9¼
    978-0-7425-3666-1 • Hardback • January 2005 • $136.00 • (£105.00)
    978-0-7425-3667-8 • Paperback • January 2005 • $53.00 • (£41.00)
    978-0-7425-7494-6 • eBook • January 2005 • $50.00 • (£38.00)
    Series: Constitutional Debate in Action
    Subjects: Political Science / Constitutions
Author
Author
  • H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy and professor of political science at Dickinson College.
Table of Contents
Table of Contents
  • Chapter 1 Preface
    Chapter 2 1 Racial Discrimination: Brown v. Board of Education
    Chapter 3 Briefs
    4 Legal Defense Fund's Brief (1952)
    5 Brief for the State of Kansas (1952)
    Chapter 6 Oral Argument (1952)
    7 Briefs
    8 Legal Defense Fund's Brief (1953)
    9 Brief for the State of Kansas (1953)
    10 Oral Argument (1953)
    11 The Opinion
    12 Postscript
    Chapter 13 2 Affirmative Action: Regents of University of Calif. v. Bakke and Grutter v. Bollinger
    14 I. Bakke and Its Background
    15 Briefs
    16 University of California Brief
    17 Allan Bakke's Brief
    18 Polish American Congress Amicus Brief
    19 NAACP Legal Defense & Educational Fund Amicus Brief
    20 Mexican American Legal Defense & Education Fund Amicus Brief
    21 Anti-Defamation League of B'nai B'rith Amicus Brief
    Chapter 22 Oral Argument
    23 The Opinion
    24 II. Developments After Bakke
    Chapter 25 Briefs
    26 Grutter's Brief
    27 University of Michigan's Brief
    28 United States' Brief
    29 Brief of Lt. Gen. Julius W. Becton, et al.
    30 Oral Argument
    31 Opinions
    Chapter 32 3 Abortion: Roe v. Wade and Planned Parenthood v. Casey
    33 I. Roe and Its Background
    34 Briefs
    35 Roe's Brief (1971)
    36 Texas's Brief (1971)
    37 Oral Argument (1971)
    38 Oral Reargument (1972)
    39 The Opinion (1973)
    40 II. Developments after Roe
    41 Briefs
    42 Planned Parenthood's Brief
    43 Pennsylvania's Brief
    44 Oral Argument
    45 The Opinion
    46 Postscript
    Chapter 47 4 Hate Speech and Cross Burning: R. A. V. v. City of St. Paul and Virginia v. Black
    48 I. Background to R. A. V.
    49 Briefs
    50 R. A. V.'s Brief
    51 St. Paul's Brief
    52 Oral Argument
    53 The Opinion
    54 II. Post-R. A. V. Developments
    55 Briefs
    56 Virginia's Brief
    57 Respondent's Brief
    58 Virginia's Reply Brief
    59 Oral Argument
    60 Opinions
    Chapter 61 5 Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission
    62 Briefs
    63 Senator McConnell's Brief
    64 Brief for the Federal Election Commission
    65 Oral Argument
    66 The Opinion
    Chapter 67 6 Peyote Use and Religious Freedom:
    Employment Div., Dept. of Human Resources of Oregon v. Smith
    68 Briefs
    69 Oregon's Brief
    70 Smith's Brief
    71 Oral Argument
    72 The Opinion
    73 Postscript

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