Suchergebnisse

The great transition -- Political, doctrinal, and bureaucratic changes -- Politicization consolidated -- A call to Congress -- Curbing political control -- Relationships within the agency -- Judicial review -- Protecting informational integrity -- Nurturing and protecting the bureaucracy -- Rebuilding trust -- Conclusion : the return of the elephant.

The constitution and constitutional argument -- The courts and judicial review -- Executive power and the separation between executive and congressional power -- The federal system : introduction and basic concepts -- Congress and congressional powers -- The commerce clause -- Commerce and the states : the dormant commerce clause, federal preemption, and the privileges and immunities clause -- Federal regulation of the states -- Liberty and property : the due process,takings and contracts clauses -- Equal protection -- Freedom of speech, press, and assembly -- Government and religious freedom -- Civil rights enforcement -- The State action requirement.

Class legislation and the prehistory of animus -- Department of Agriculture v. Moreno -- City of Cleburne v. Cleburne Living Center -- Romer v. Evans and beyond -- United States v. Windsor -- What's wrong with subjective dislike? -- Objectively objectionable -- The doctrinal uniqueness of animus -- The elusive search for animus -- How much animus is enough? and what should we do about it? -- Applying what we've learned -- Obergefell and animus -- Animus doctrine today and tomorrow

Cover -- Contents -- Preface: Introducing the Enforcement Power -- Acknowledgments -- Introduction: Why the Enforcement Power, and Why Now? -- PART I. HOW WE GOT HERE: A BRIEF HISTORY OF EQUAL PROTECTION AND THE ENFORCEMENT POWER -- 1. Equal Protection before the Modern Era -- 2. The Rise and Fall of Carolene Products -- 3. A Historical Introduction to the Enforcement Power -- PART II. WHERE WE ARE NOW: THE ENFORCEMENT POWER IN TODAY'S COURT -- 4. The Modern Enforcement Power: Principles and Paradoxes -- 5. Constitutional Law and Legislative Policy -- PART III. WHAT TO DO ABOUT IT: CONSTRUCTING A MODERN ENFORCEMENT POWER -- 6. Refocusing Congruence and Proportionality -- 7. The Deference Question -- 8. An Aside on State Action -- PART IV. APPLYING THE FIX: EQUAL PROTECTION AND BEYOND -- 9. Irrationality, Animus, and Deference -- 10. Beyond Irrationality and Animus: The Enforcement Power in Other Contexts -- Conclusion: An Enforcement Power for a Twenty-First-Century Constitutional Democracy -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- About the Author.

In Second Amendment Animus, Professor Jacob Charles examines whether the burgeoning doctrine of unconstitutional animus should play any role in adjudicating Second Amendment claims. This Essay responds to Professor Charles's important work. While it concludes that he is likely correct to reject animus as a grounding for Second Amendment claims, it points out areas where the analysis is more nuanced than he suggests. After considering Professor Charles's analysis, the Essay examines the Second Amendment animus issue through the theoretical lens provided by Professor Martha Nussbaum's work on disgust as a motivating factor for the types of exclusionary and subordinating laws properly condemned as grounded in animus. While that examination again concludes that animus is generally a poor fit for Second Amendment claims, the Essay nevertheless identifies fascinating parallels between at least some extreme gun regulations and characteristics of some laws condemned as animus based. Those parallels suggest that more work should be done to investigate the connection between animus-based laws and the disgust reactions Professor Nussbaum identifies as their source. In particular, more work is needed to examine how Professor Nussbaum's theory relates to laws that, while connected to disgust reactions, are not squarely grounded in them.