Kapitel in diesem Buch

1. Frontmatter i
2. Contents vii
3. Preface ix
4. 1. Introduction 1
5. Part 1. Structural Features of the Separation of Powers
6. 2. Synopsis of the Advantages of the Separate Branches of Government 19
7. 3. Rules of the Legislative Process 29
8. 4. Statutory Construction: The Courts Review the Work of the Legislature 51
9. 5. Stare Decisis: The Self-Imposed Constraint by the Judicial Branch Not Shared by the Other Branches 69
10. Part 2. Case Illustrations of the Separation of Powers
11. 6. The Proper Roles of Government: The Case of Obnoxious Speech 87
12. 7. The Exclusionary Rule: When Is a Matter Constitutional, When Is It Only Policy? 101
13. 8. Affirmative Action: The Use of Race by Government 120
14. 9. The Fiesta Bowl: Unintended Consequences of Judicial and Legislative Activism 133
15. 10. Defining Constitutional Rights: Roe v. Wade 143
16. 11. The Civil Rights Act of 1992: The Burden of Proof as a Judicial Function Used to Achieve a Legislative Result 159
17. 12. Two Statutes, a Hundred Years Apart: When Court Interpretation Changes between and after Two Separate Legislative Acts 172
18. 13. When the Supreme Court Does Not Do Its Job: The Second Amendment 178
19. 14. Methods of Solving Disputes between (and within) the Branches of Government 185
20. 15. Another Method of Solving Interbranch Disputes: Legislators Going to Court to Sue the Executive Branch 193
21. Index 223