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Constitutional Law for a Changing America: Rights, Liberties, and Justice

Constitutional Law for a Changing America: Rights, Liberties, and Justice - 6th edition

Constitutional Law for a Changing America: Rights, Liberties, and Justice - 6th edition

ISBN13: 9781933116808

ISBN10: 1933116803

Constitutional Law for a Changing America: Rights, Liberties, and Justice by Lee Epstein and Thomas G. Walker - ISBN 9781933116808
Cover type: Paperback
Edition: 6TH 07
Copyright: 2007
Publisher: Congressional Quarterly
International: No
Constitutional Law for a Changing America: Rights, Liberties, and Justice by Lee Epstein and Thomas G. Walker - ISBN 9781933116808

ISBN13: 9781933116808

ISBN10: 1933116803

Cover type: Paperback
Edition: 6TH 07

List price: $78.95

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Can your students get a good understanding of constitutional law if you leave out the politics? Epstein and Walker would say no and believe that any study of constitutional law is richer and more rewarding when its political context is emphasized. Simply put, political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the positions of elected officials, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize--quite powerfully--that Supreme Court cases are more than just legal names and citations. The landmark cases analyzed and excerpted in this exceptional two-volume set involve real people embroiled in real disputes whose cases have real political consequences.

The authors have carefully created structure and features in each chapter that enhance learning. Not only do they provide substantive commentary around cases, helping students to see a case within the larger picture of an evolving and dynamic body of law, they encourage students to see alternative points of view by including excerpts of important concurring and dissenting opinions for virtually all cases in the book. The popular Aftermath and Global Perspective boxes answer students' lingering questions about what happened to litigants after a ruling or how U.S. case law compares to the law in other nations. Epstein and Walker also include profiles of influential groups and justices, photographs of litigants, exhibits from cases, and lively descriptions of the events that led to the suits. Web addresses are included throughout, giving students easy access to the full text of opinions as well as to audio recordings of oral arguments when available.

Examining the Supreme Court's interpretation of the basic liberties guaranteed by the Bill of Rights and subsequent amendments to the Constitution, the authors cover such important topics as freedom of speech, the right to bear arms, discrimination, and political participation. Shaving off 50 pages with strategic streamlining, the book is now leaner, allowing students to engage more effectively with material, while allowing instructors to assign more cases without necessarily assigning more pages. Bringing the volume fully up-to-date, this sixth edition gives increased attention to the electronic age and the significance of the Internet on speech, press, libel, obscenity, and privacy, as well as the impact of the war on terrorism on rights, liberty, and justice.

Table of Contents

Table of Contents


The Living Constitution
The Road to the Bill of Rights
The Amendment Process
The Supreme Court and the Amendment Process

1. Understanding the U.S. Supreme Court

Processing Supreme Court Cases
Supreme Court Decision Making: The Role of Law and Legal Principles
Supreme Court Decision Making: The Role of Politics
Conducting Research on the Supreme Court

2. The Judiciary: Institutional Powers and Constraints

Judicial Review
Marbury v. Madison (1803)
Constraints on Judicial Power
Ex parte McCardle (1869)
Separation of Powers/Checks and Balances

3. Incorporation of the Bill of Rights

Must States Abide by the Bill of Rights? Initial Responses
Barron v. Baltimore (1833)
Incorporation Through the Fourteenth Amendment: Early Interpretations
Hurtado v. California (1884)
A Standard Emerges
Palko v. Connecticut (1937)
Incorporation in the Aftermath of Palko
Duncan v. Louisiana (1968)


Approaching Civil Liberties

4. Religion: Exercise and Establishment

Defining Religion
Free Exercise of Religion
Cantwell v. Connecticut (1940)
Sherbert v. Verner (1963)
Wisconsin v. Yoder (1972)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
City of Boerne v. Flores (1997)
Religious Establishment
Everson v. Board of Education (1947)
Lemon v. Kurtzman (1971)
Earley v. DiCenso (1971)
Agostini v. Felton (1997)
Zellman v. Simmons-Harris (2002)
Edwards v. Aguillard (1987)
School District of Abington Township v. Schempp (1963)
Lee v. Weisman (1992)
New! Van Orden v. Perry (2005)

5. Freedom of Speech, Assembly, and Association

The Development of Legal Standards: The Emergence of Law in Times of Crisis
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Dennis v. United States (1951)
Brandenburg v. Ohio (1969)
Regulating Expression: Content and Contexts
United States v. O'Brien (1968)
Tinker v. Des Moines (1969)
Texas v. Johnson (1989)
Chaplinsky v. New Hampshire (1942)
Cohen v. California (1971)
Hill v. Colorado (2000)
R. A. V. v. City of St. Paul, Minnesota (1992)
Wisconsin v. Mitchell (1993)
West Virginia Board of Education v. Barnette (1943)
New! Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006)
Bates v. State Bar of Arizona (1977)
Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980)
Boy Scouts of America v. Dale (2000)

6. Freedom of the Press

Prior Restraint
Near v. Minnesota (1931)
New York Times v. United States (1971)
Hazelwood School District v. Kuhlmeier (1988)
Government Control of Press Content
Red Lion Broadcasting v. FCC (1969)
Newsgathering and Special Rights
Branzburg v. Hayes (1972)

7. The Boundaries of Free Expression: Obscenity and Libel

Roth v. United States (1957)
Miller v. California (1973)
New York v. Ferber (1982)
Ashcroft v. Free Speech Coalition (2002)
Reno v. American Civil Liberties Union (1997)
New York Times v. Sullivan (1964)
Gertz v. Welch (1974)
Hustler Magazine v. Falwell (1988)

8. The Right to Keep and Bear Arms

The Supreme Court and the Second Amendment
United States v. Miller (1939)
The States and the Second Amendment
Rethinking the Second Amendment

9. The Right to Privacy

The Right to Privacy: Foundations
Griswold v. Connecticut (1965)
Reproductive Freedom and the Right to Privacy: Abortion
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Private Activities and the Application of Griswold
New! Lawrence v. Texas (2003)
Cruzan v. Director, Missouri Department of Health (1990)


The Criminal Justice System and Constitutional Rights

10. Investigations and Evidence

Searches and Seizures
Katz v. United States (1967)
Illinois v. Gates (1983)
Terry v. Ohio (1968)
Enforcing the Fourth Amendment: The Exclusionary Rule
Mapp v. Ohio (1961)
United States v. Leon (1984)
The Fifth Amendment and Self-Incrimination
Escobedo v. Illinois (1964)
Miranda v. Arizona (1966)
New! Missouri v. Seibert (2004)

11. Attorneys, Trials, and Punishments

The Right to Counsel
Powell v. Alabama (1932) (The Scottsboro Boys Case)
Gideon v. Wainwright (1963)
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Batson v. Kentucky (1986)
Sheppard v. Maxwell (1966)
Richmond Newspapers v. Virginia (1980)
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Gregg v. Georgia (1976)
Atkins v. Virginia (2002)
Post-Trial Protections and the Double Jeopardy Clause
Post-Release Protections
Attorneys, Trials, and Punishments: The War on Terrorism
New! Hamdi v. Rumsfeld (2004)


Civil Rights and the Constitution

12. Discrimination

Racial Discrimination
Plessy v. Ferguson (1896)
Sweatt v. Painter (1950)
Brown v. Board of Education (I) (1954)
Brown v. Board of Education (II) (1955)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Loving v. Virginia (1967)
Shelley v. Kraemer (1948)
Burton v. Wilmington Parking Authority (1961)
Moose Lodge No. 107 v. Irvis (1972)
Sex Discrimination
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
United States v. Virginia (1996)
Rostker v. Goldberg (1981)
Discrimination Based on Sexual Orientation
Romer v. Evans (1996)
Other Forms of Discrimination
San Antonio Independent School District v. Rodriguez (1973)
New! Plyer v. Doe (1999)
Remedying the Effects of Discrimination: Affirmative Action
Regents of the University of California v. Bakke (1978)
Adarand Constructors, Inc. v. Pena (1995)
Grutter v. Bollinger (2003)
Contemporary Developments in Discrimination Law

13. Voting and Representation

The Supreme Court and Elections
Bush v. Gore (2000)
Voting Rights
South Carolina v. Katzenbach (1966)
Regulation of Election Campaigns
New! McConnell v. Federal Election Commission (2003)
Political Representation
Baker v. Carr (1962)
Reynolds v. Sims (1964)
Miller v. Johnson (1995)
Reference Material
Constitution of the United States
Federalist, No. 78
U.S. Presidents
Thumbnail Sketch of the Supreme Court's History
The Justices
Natural Courts
Supreme Court Calendar
Briefing Supreme Court Cases

Subject Index
Case Index