Processes of Constitutional Decisionmaking -- Cases And Materials

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Contents
Preface
Acknowledgments
Editorial Note
The Constitution of the United States
PART ONE: INTRODUCTION: BACKGROUND TO THE CONSTITUTION
	Note: The “Constitution of Conversation” and the “Constitution of Settlement”
	Chapter 1: The Bank of the United States: A Case Study
		I. Early Background
		II. The First Bank of the United States
			A. Madison’s View [James Madison’s Speech to the House of Representatives (1791)]
			B. The Attorney General’s Opinion
			C. Jefferson’s Critique of the Bank
			D. Hamilton’s Defense
				Alexander Hamilton, Opinion on the Constitutionality of an Act to Establish a Bank (1791)
				Discussion
		III. The Second Bank
		IV. Judicial Examination of Congress’s Authority to Create the Bank
			Note on Reading and Editing Cases
			McCulloch v. Maryland [The First Question]
			A. The Reaction to McCulloch
			B. Marshall’s Methods of Constitutional Interpretation
				Note: Uncertainties of Meaning
				1. Ambiguity
				2. Vagueness
				3. Nonliteral Usage
		V. The States’ Power to Tax the Bank of the United States
			McCulloch v. Maryland [The Second Question]
			Discussion
		VI. Ohio Dissents
		VII. The Demise of the Second Bank
			Andrew Jackson, Veto Message (July 10, 1832)
			Discussion
			Walter Dellinger, Presidential Authority to Decline to Execute Unconstitutional Statutes (November 2, 1994)
			Discussion
	Chapter 2: The Constitution in the Early Republic
		I. The Constitution During the Washington Administration
		II. Early Struggles over State and National Sovereignty: Chisholm v. Georgia and the Eleventh Amendment
			Chisholm v. Georgia
			Note: The Eleventh Amendment
		III. The Alien and Sedition Acts and the Kentucky and Virginia Resolutions of 1798
			A. The Alien Act of 1798
			B. The Sedition Act
				1. The Meaning of the First Amendment
				2. The Original Understanding
				3. The Republican Response
					Discussion
			C. The Kentucky and Virginia Resolutions of 1798 and the Doctrine of Nullification
				1. Nullification and Interposition
				2. The Nullification Crisis and the “Tariff of Abominations”
					Discussion
					Note: Judicial Review Before Marbury: The Supreme Court in Its Early Years
		IV. The Election of 1800
		V. Early Political Struggles over the Federal Judiciary
			A. Stuart v. Laird and the Elimination of the Intermediate Appellate Judiciary
				Stuart v. Laird
				Discussion
			B. Marbury and Judicial Review of Legislation
				Marbury v. Madison
				Discussion
			C. Limitations on Judicial Power
				1. Jurisdiction Stripping
				2. Standing
				3. Political Questions
			D. Judicial Review in a Democratic Polity
				1. The Countermajoritarian Difficulty
				2. Justifications for Judicial Review
					a. Supervising Inter- and Intra-governmental Relations
					b. Preserving Fundamental Values
					c. Protecting the Integrity of Democratic Processes
				3. The Countermajoritarian Difficulty Challenged
					a. The Countermajoritarian Features of the Political Branches
					b. The “Majoritarian” Aspects of Judicial Review
					Note: Judicial “Good Behavior” and Lifetime Tenure
		VI. The Louisiana Purchase
			Discussion
			Note: The “Marshall Court”
			Note: Limiting the President’s Power as Commander-in-Chief
			Discussion
		VII. The Protection of Property Rights and the Natural Law Tradition
			Fletcher v. Peck
			Discussion
			Note: Natural Law, Vested Rights, and the Written Constitution: Sources for Judicial Review
			1. The Natural Law Tradition in America
			2. The Judicial Protection of Vested Rights
				Calder v. Bull
				Discussion
			3. The Explicit Federal Constitutional Protection of Rights
			4. The Ninth Amendment
				Note: Is Constitutional Law a Comedy or a Tragedy?
				Discussion
		VIII. American Indians and the American Political Community
			Discussion
		IX. Women’s Citizenship in the Antebellum Era
			Discussion
		X. Regulation of the Interstate Economy
			Gibbons v. Ogden
			Discussion
			Note: Federal Preemption
			Arizona v. United States
			Note: Language, Purpose, and Meaning
			1. Language and Purpose
			2. Discovering the Adopters’ Purposes
		XI. The “General Welfare”
			A. The Spending Clause and Disaster Relief
			B. Internal Improvements
				James Madison, Veto Message (March 3, 1817)
				James K. Polk, Veto Message (December 15, 1847)
				Discussion
	Chapter 3: Are We a Nation? The Jacksonian Era to the Civil War, 1835-1865
		I. Interstate and Foreign Commerce and Personal Mobility
			A. The States’ “Police Powers” as a Constraint on the National Commerce Power
				Mayor of the City of New York v. Miln
				Discussion
			B. The Cooley Accommodation
				Cooley v. Board of Wardens
				Discussion
				Note on Congressional Consent
			C. The Privileges and Immunities of State Citizenship and Personal Mobility Among the States
				1. The Privileges and Immunities Clause of Article IV
					Corfield v. Coryell
					Discussion
				2. Interstate Mobility
					Crandall v. Nevada
					Discussion
		II. Slavery
			A. The Interstate Slave Trade
				Groves v. Slaughter
				Note: The United States Mail and American Pluralism
			B. Fugitive Slaves
				Prigg v. Pennsylvania
				Discussion
			C. Prelude to Secession
				Dred Scott v. Sandford
				Discussion
				Frederick Douglass, The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery?
				Discussion
			D. Judicial Supremacy and Dred Scott: The Lincoln–Douglas Debates
				Discussion
		III. “And the War Came”: The President as Commander-in-Chief and the Preservation of the Union
			A. The Debate over Secession
				1. President James Buchanan Opposes Both Secession and War
				2. South Carolina Justifies Its Secession
					Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union (December 24, 1860)
				3. Judah Benjamin Defends Secession
				4. Jefferson Davis Takes the Helm of the Confederate States of America
				5. Lincoln Responds and Acts
					Discussion
					Texas v. White
					Note: The Confederate Constitution
					Discussion
			B. The Authority of the President to Repel Attacks on the Union
				Prize Cases
				Discussion
			C. Lincoln and the Suspension of Habeas Corpus
				1. Chief Justice Taney on the Exclusive Authority of Congress
					Ex parte Merryman
				2. The President Asserts Executive Authority
					Discussion
			D. Lincoln: The Great Emancipator
				Note: Former Justice Curtis Dissents
				Discussion
				Note: “Reverence for Law”
				Discussion
				Note: The Gettysburg Address as Constitutional Interpretation
				The Gettysburg Address (November 19, 1863)
				Discussion
			E. The Use of Military Tribunals as an Alternative to Trial by Jury
				Ex parte Milligan
				Discussion
	Chapter 4: From Reconstruction to the New Deal: 1866-1934
		I. The Reconstruction Constitution
			A. History of the Adoption of the Reconstruction Amendments
				1. The Thirteenth Amendment
				2. The Civil Rights Act of 1866
				3. The Fourteenth Amendment
					Senator Jacob Howard, Speech Introducing the Fourteenth Amendment (May 23, 1866)
					Discussion
					Note: What the Fourteenth Amendment Did Not Say
					Note: The Unusual Procedural History of the Fourteenth Amendment
					Discussion
				4. The Fifteenth Amendment
					Note: When Did the Civil War End?
			B. The Fourteenth Amendment Limited
				The Slaughterhouse Cases
				Discussion
				United States v. Cruikshank
				Discussion
				Bradwell v. Illinois
				Discussion
				Note: The “New Departure” and Women’s Place in the Constitutional Order
				Minor v. Happersett
				Discussion
				Note: The Fourteenth Amendment, Birthright Citizenship, and American Indians
				Note: “The Riddle of Hiram Revels”
				Discussion
			C. Early Application of the Fourteenth Amendment to Race Discrimination
				Strauder v. West Virginia
				Discussion
			D. Creation of the State Action Doctrine
				The Civil Rights Cases
				Discussion
			E. Establishment of the “Separate but Equal” Doctrine
				Plessy v. Ferguson
				Discussion
				Charles Black, The Lawfulness of the Segregation Decisions
				Note: The Spirit of Plessy and Black Disenfranchisement
				Giles v. Harris
				Discussion
		II. Creating an “American” Nation
			A. American Expansionism, Race, Ethnicity, and the Constitution
				Downes v. Bidwell
				Discussion
			B. Ethnic Diversity and the Constitution: The Case of Chinese Immigration
				Chae Chan Ping v. United States
				Discussion
		III. The Rise of the Modern Industrial Order and the Protection of Economic Rights
			A. Economic Disorder and Emergency Powers
				In re Debs
				Discussion
			B. The Rise of Due Process Protection Against State Economic Regulation
			C. The Application of the Bill of Rights to the States
				Discussion
			D. The Heyday of Police Power Jurisprudence, 1890-1934
				Lochner v. New York
				1. The Idea of Police Power Jurisprudence
				2. The Meanings of “Liberty,” “Property,” and “Due Process”
				3. The Scope of the Police Power: Permissible and Impermissible Objectives
				4. Burdens of Proof and Questions of Degree
				5. Laissez Faire, Lawyers, and Legal Scholarship
				6. A Survey of the Court’s Work
					Adkins v. Children’s Hospital
			E. Freedom of Contract and the Problem of “Involuntary Servitude”
				Discussion
		IV. Congressional Regulation of Interstate Commerce and of the National Economy
			A. The Commerce Power
				Champion v. Ames [The Lottery Case]
				Discussion
				Hammer v. Dagenhart
				Discussion
				Note: On “Prisoner’s Dilemmas” and Centralized Coordination
				Note: Binary Oppositions and Congressional Ability to Invoke Its Power Under the Commerce Clause
			B. The Taxing Power
				Bailey v. Drexel Furniture Co. (The Child Labor Tax Case)
			C. The Spending Power
				Discussion
			D. The Treaty Power
				Missouri v. Holland
			E. The Eleventh Amendment and State Sovereign Immunity
				Hans v. Louisiana
				Discussion
		V. “When a Nation Is at War”: World War I and the First Amendment
			Discussion
			Note: Further Questions on the Constitution and “Emergency Power” During Time of War
		VI. Constitutional Innovation During the Progressive Period
			A. The Sixteenth Amendment
			B. The Seventeenth Amendment
			C. The Eighteenth Amendment
			D. The Nineteenth Amendment
			E. Constitutional Limits on Article V?
				1. Time Limits
					Discussion
				2. Are There Substantive Limits to Constitutional Amendment?
PART TWO: CONSTITUTIONAL ADJUDICATION IN THE MODERN WORLD
	The Evolution of the Bill of Rights and Its “Incorporation” Against the States
	Chapter 5: The New Deal and the Civil Rights Era
		I. The Decline of Judicial Intervention Against Economic Regulation
			A. 1934
				Home Building & Loan Association v. Blaisdell [The Minnesota Mortgage Moratorium Case]
				Discussion
			B. 1935-1937
				West Coast Hotel Co. v. Parrish
			C. The Modern Doctrine of Economic Due Process
				United States v. Carolene Products Co.
				Discussion
				Williamson v. Lee Optical Co.
				Discussion
			D. Modern Contract Clause Doctrine
				Discussion
			E. Modern Takings Clause Doctrine
				Jed Rubenfeld, Usings
				Discussion
		II. The Creation of the New Deal Settlement and the Relaxation of Judicial Constraints on Congressional Power
			A. 1935-1936—The Supreme Court Confronts Roosevelt over Federal Power
				Schechter Poultry Corp. v. United States
				Carter v. Carter Coal Co.
				Discussion
				United States v. Butler
				Discussion
				Franklin D. Roosevelt, “Fireside Chat” (March 9, 1937)
				Discussion
				NLRB v. Jones & Laughlin Steel Corp.
				Discussion
				Franklin D. Roosevelt, Address on Constitution Day, Washington, D.C. (September 17, 1937)
				Discussion
			B. The Emergence of Modern Commerce Clause Doctrine
				United States v. Darby
				Wickard v. Filburn
				Discussion
				Note: On Constitutional Revolution
			C. The Taxing and Spending Power
				Steward Machine Company v. Davis
				Discussion
		III. National Power in the Civil Rights Era
			A. The 1960s Civil Rights Legislation: Commerce Power or Reconstruction Power?
				1. The Civil Rights Movement and the Civil Rights Act of 1964
					Discussion
				2. Congressional Power to Pass the Civil Rights Bill
					Heart of Atlanta Motel v. United States
					Katzenbach v. McClung
					Discussion
			B. The Reconstruction Power in the Civil Rights Era
				Note: The Voting Rights Act of 1965
				Lyndon B. Johnson, Special Message to the Congress: The American Promise (March 15, 1965)
				Discussion
				South Carolina v. Katzenbach
				Katzenbach v. Morgan
				Discussion
				Jones v. Alfred H. Mayer Co.
				Oregon v. Mitchell
	Chapter 6: Federalism, Separation of Powers, and National Security in the Modern Era
		I. Judicial Constraints on Congressional Power
			A. The Rehnquist and Roberts Courts: Finding Limits on Federal Power
				1. The Commerce Power
					United States v. Lopez
					Discussion
					National Federation of Independent Business v. Sebelius [The Health Care Case]
					Discussion
					United States v. Comstock
					Discussion
				2. The Taxing Power
					National Federation of Independent Business v. Sebelius [The Health Care Case]
					Discussion
				3. The Spending Power
					National Federation of Independent Business v. Sebelius [The Health Care Case]
					Discussion
				4. The Treaty Power
					Bond v. United States
					Discussion
				5. The Reconstruction Power
					City of Boerne v. Flores
					Discussion
					Akhil Reed Amar, Intratextualism
					United States v. Morrison
					Discussion
					Board of Trustees of the University of Alabama v. Garrett
					Discussion
					Shelby County, Alabama v. Holder
					Discussion
		II. Affirmative Limits on Congressional Regulations of State Governments
			A. From the Hughes Court to the Burger Court: Practically No Limits?
				National League of Cities v. Usery
				Garcia v. San Antonio Metropolitan Transit Authority
				Discussion
			B. The Rehnquist Court: Finding Affirmative Limits
				Gregory v. Ashcroft
				Discussion
				New York v. United States
				Discussion
				Saikrishna Bangalore Prakash, Field Office Federalism
				Printz v. United States
				Discussion
				Note: State Sovereign Immunity
				Discussion
				Note: Cooperative (and Uncooperative) Federalism)
		III. Interstate Federalism and the National Economy
			A. Dormant Commerce Clause
				1. Burdensome Laws: The Development of a Balancing Test
				2. Facially Discriminatory Laws: The “Per Se Invalidity” Test
				3. The Market Participant Exception
				4. General Theories of Dormant Commerce
			B. Interstate Privileges and Immunities
		IV. The Executive Power of the United States
			A. The (Non)Prosecution Power
				United States v. Cox
				Discussion
				United States v. Nixon, President of the United States
				Discussion
			B. The Appointment Power
				In re Sealed Case
				Morrison v. Olson
				Discussion
				Edmond v. United States
				Discussion
				National Labor Relations Board v. Noel Canning
				Discussion
			C. The Veto Power
				Immigration and Naturalization Service v. Chadha
				Discussion
			D. The Power of the Sword
				1. Emergency Power During Wartime
					Executive Order: Directing the Secretary of Commerce to Take Possession of and Operate the Plants and Facilities of Certain Steel Companies
					Youngstown Sheet & Tube Co. v. Sawyer
					Discussion
					Note: The Power to Wage War
				2. Executive Detention
					Hamdi v. Rumsfeld
					Discussion
				3. Military Tribunals
				4. Habeas Corpus for the Guantanamo Detainees
					Boumediene v. Bush
					Discussion
				5. Torture and Presidential Power
					Discussion
				6. Targeted Killings
				7. Diplomatic Recognition
					Zivotofsky v. Kerry
					Discussion
			E. Presidential Privileges and Immunities
			F. Presidential Selection
				Note: Presidential Impeachment
	Chapter 7: Race and the Equal Protection Clause
		I. Brown v. Board of Education and the Constitutional Struggle over Desegregation
			A. Background to the School Desegregation Case
				Note: Brown and the Cold War
			B. The School Desegregation Case
				Brown v. Board of Education of Topeka, Kansas
				Bolling v. Sharpe
				Discussion
				Note: A “Dissent” from Brown
				Discussion
				Note: Brown and the Original Understanding
				Discussion
			C. Brown’s Legacy, Fulfilled or Betrayed? Four Decades of School Desegregation
				1. Brown II and “All Deliberate Speed”
					Brown v. Board of Education (Brown II)
				2. “Massive Resistance” to School Desegregation
				3. The Political Branches Respond: 1964-1968
				4. The Supreme Court Reasserts Itself
				5. Swann and Metropolitan Segregation in the South
				6. School Segregation in the North—The Court Confronts the De Jure/De Facto Distinction
				7. The Turning Point—Inter-District Relief
				8. An Era of Retrenchment
					Missouri v. Jenkins (Jenkins II)
					Discussion
		II. The Antidiscrimination Principle and the “Suspect Classification” Standard
			A. The Origins of the Suspect Classification Doctrine
				1. The Japanese Internment Case
					Korematsu v. United States
					Discussion
				2. The Court Strikes Down Antimiscegenation Statutes
					Loving v. Virginia
					Discussion
			B. The Reach of the Suspect Classification Doctrine
				1. Racial Segregation in Prisons
					Johnson v. California
				2. Family Formation
					a. Child Custody Decisions Following Divorce
					b. Race-Matching Policies in Adoption
				3. Government Collection and Use of Racial Data
					Discussion
					Note: Four Concepts of “Race”: Status-Based, Formal, Historical, and Cultural
			C. When Is a Decision Made “on the Basis of” Race?
				1. Early Cases
					Yick Wo v. Hopkins
					Ho Ah Kow v. Nunan
				2. Brown v. Board of Education and Desegregation
				3. The Interplay Between the Fourteenth Amendment and the Civil Rights Acts
					Griggs v. Duke Power Co.
					Discussion
				4. The Court Separates the Fourteenth Amendment from the Civil Rights Acts
					Washington v. Davis
					Village of Arlington Heights v. Metropolitan Housing Development Corp.
					Personnel Administrator of Massachusetts v. Feeney
					Discussion
					Note: Commentaries on the Intent Standard
					Discussion
				5. The Future of Disparate Impact Legislation
					Ricci v. DeStefano
					Discussion
			D. Race and the Criminal Justice System
				1. The War on Drugs and the Powder Cocaine/Crack Cocaine Distinction
					United States v. Clary
					Discussion
				2. Administering Death
					McCleskey v. Kemp
					Discussion
				3. Suspect Descriptions
					Brown v. City of Oneonta
					Discussion
					Note: Racial Profiling and the Equal Protection Clause
			E. “Preferential” Treatment for Racial Minorities
				1. The Central Issues
				2. The Early Cases
					Regents of the University of California v. Bakke
				3. Affirmative Action from Bakke to Croson
				4. Affirmative Action in the Rehnquist Court
					City of Richmond v. J.A. Croson Co.
					Discussion
					Adarand Constructors v. Pena
					Note: Originalism and Affirmative Action
				5. The Court Reaffirms Bakke
					Grutter v. Bollinger
					Gratz v. Bollinger
					Discussion
				6. The Roberts Court Interprets Brown in Light of Affirmative Action
					Parents Involved in Community Schools v. Seattle School District No. 1
					Discussion
					Fisher v. University of Texas at Austin
					Discussion
					Note: Racial Redistricting and the Equal Protection Clause
			F. Citizenship and Alienage Under the Equal Protection Clause
				1. The Early Interplay of Race and Alienage
				2. Regulation of Aliens by State Governments
					Graham v. Richardson
					Bernal v. Fainter
					Discussion
				3. Regulation of Resident Aliens by the Federal Government
					Discussion
	Chapter 8: Sex Equality
		I. The Sex Equality Claims Under the Fourteenth Amendment: Social Movements and Constitutional Change
			A. The Fourteenth Amendment’s First Century
			B. Movement Roots of Modern Sex Discrimination Law
				Frontiero v. Richardson
				Discussion
				Note: Reasoning from Race in Frontiero and Beyond
				Note: The Equal Rights Amendment
				Discussion
				Note: The Nineteenth Amendment
		II. What Does Intermediate Scrutiny Prohibit?
			A. Intermediate Scrutiny, Sex Stereotyping, and Laws Enforcing Breadwinner/Caregiver Roles
				Note: Sex Discrimination and Same-Sex Marriage
				Discussion
				Note: On Sex, Gender, and Sexual Orientation
			B. Intermediate Scrutiny and the Race-Gender Analogy
				United States v. Virginia [The VMI Case]
				Discussion
				Note: Constitutional Interpretation, Originalism, and Sex Discrimination
				Discussion
				Note: Intermediate Scrutiny and Single-Sex Education
				Note: Affirmative Action and Intermediate Scrutiny
			C. Intermediate Scrutiny and Claims of Sex Difference: Pregnancy as a Justification for Sex-Differentiated Treatment of Men and Women
				Tuan Anh Nguyen v. INS
				Discussion
				Sessions v. Morales-Santana
				Discussion
		III. Distinguishing Sex-Based and Sex-Neutral Policies: Evolving Perspectives on Pregnancy
			A. Criteria for Distinguishing Sex-Based and Sex-Neutral Policies
				Personnel Administrator of Massachusetts v. Feeney
				Discussion
			B. Judicial and Legislative Perspectives on Pregnancy and Sex Equality: Alternative Understandings
				1. Classifications on the Basis of Sex and Pregnancy
					Discussion
					Note: Differing Approaches to Pregnancy Discrimination Under the Constitution and Federal Civil Rights Law
					Note: Abortion and Equal Protection
				2. Congress and the Court: Evolving Understandings of Pregnancy
					Nevada Department of Human Resources v. Hibbs
					Discussion
		IV. Gender in the Military: Constitutional Change Outside the Courts
			A. A Brief History of Women in the Military: The Creation and Erosion of “Combat Exclusion” Rules
			B. The End of the Combat Exclusion?
			C. Rostker and the Constitutionality of Gender-Based Conscription
				Discussion
		V. Other Suspect Bases of Classification: Thinking Outside the “Tiers of Scrutiny” Model
			City of Cleburne, Texas v. Cleburne Living Center
			Discussion
			Note: Accommodation as a Norm—The Americans with Disabilities Act of 1990
	Chapter 9: Liberty, Equality, and Fundamental Rights: The Constitution, the Family, and the Body
		I. Historical Roots of Fundamental Rights Adjudication
			A. Doctrinal Antecedents
			B. Popular and Philosophical Debate About the Criminalization of Sex
		II. Contemporary Fundamental Rights Adjudication
			A. The Contraception Case
				Griswold v. Connecticut
				Discussion
				Note: The Reach of Griswold
				Eisenstadt v. Baird
				Note: Tradition as a Source of Fundamental Rights
				Jack M. Balkin, Tradition, Betrayal, and the Politics of Deconstruction
				Discussion
		III. Reproductive Rights and Abortion
			A. The Decision in Roe v. Wade
				Roe v. Wade
				Doe v. Bolton
				Discussion
				Note: Did Roe Cause the Abortion Conflict?
				Discussion
			B. Abortion and the Equal Protection Clause
				Reva Siegel, Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection
				Discussion
			C. Decisions After Roe
				Planned Parenthood of Southeastern Pennsylvania v. Casey
				Discussion
			D. Abortion Restrictions After Casey
				Gonzales v. Carhart [Carhart II]
				Discussion
				Note: Absolute and Incremental Restrictions on Abortion
				Whole Woman’s Health v. Hellerstedt
				Discussion
		IV. Sexuality and Sexual Orientation
			A. Sexual Orientation: Liberty and Equality
				1. The Court’s First Ruling on Laws Criminalizing Sodomy
					Bowers v. Hardwick
					Discussion
				2. Bowers Blunted, But Not Reversed
					Romer v. Evans
					Discussion
				3. Bowers Reversed
					Lawrence v. Texas
					Discussion
					Note: Liberty, Equality, and Lawrence
					1. Liberty and/or Equality?
					2. Liberty versus Equality: A Queer Perspective
					3. Dignity in Lawrence
			B. Sexual Orientation: Equal Protection and Heightened Scrutiny
				Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act (February 23, 2011)
				Discussion
			C. Same-Sex Marriage
				United States v. Windsor
				Discussion
				Obergefell v. Hodges
				Discussion
			D. Backlash and Social Movements
				The Judicial Backlash Thesis
				Skeptics of the Judicial Backlash Thesis
				Note: The Right to Die and Other Implied Fundamental Rights
		V. The Constitutional Right of Self-Defense
			District of Columbia v. Heller
			McDonald v. City of Chicago
			Discussion
	Chapter 10: The Constitution in the Modern Welfare State
		I. Does the Constitution Affirmatively Guarantee Any Welfare Rights?
			A. The Rights of Indigents in the Criminal Justice System
			B. The Creation of Fundamental Interests Under the Equal Protection Clause
				Harper v. Virginia Bd. of Elections
				Discussion
				Note: Protecting the Poor Through the Fourteenth Amendment
			C. Minimum Needs Rejected
				Dandridge v. Williams
				Discussion
			D. The Right to Education
				1. “Equal Provision” of Public Education
					San Antonio Independent School District v. Rodriguez
					Discussion
				2. Is There a Right to Some Minimal Provision of Educational Resources?
					Plyler v. Doe
					Discussion
					Note: On the Enforceability of “Positive Rights”
					Discussion
			E. Does the State Have a “Duty to Rescue”?
				DeShaney v. Winnebago County Department of Social Services
				Discussion
				Note: State Action in the Age of the Welfare State
		II. The Procedural Due Process Protection of Entitlements and Other Nontraditional Property and Liberty Interests: The Basic Doctrine
			A. What Procedural Safeguards Are Due?
				Goldberg v. Kelly
				Discussion
				Note: To What Extent Does Goldberg Rest on Legal Formality?
		III. The Welfare State and Burdens on Interstate Mobility
			A. The Right to Travel as a Fundamental Right
				Shapiro v. Thompson
			B. The Right to Relocate
			C. Can the State Give More Welfare to Long-Time Residents Than to Newcomers?
				Discussion
			D. Congressional Consent
			E. The Court Reconsiders (and Reconceptualizes) Shapiro
				Saenz v. Roe
				Discussion
		IV. Conditioning Spending in the Welfare State — The Problem of Unconstitutional Conditions
			A. Introduction: Rights, Waivers, and Inducements to Change Behavior
Table of Justices
Table of Cases
Index