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Constitutional Law for a Changing America
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Constitutional Law for a Changing America
A Short Course

Seventh Edition
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Other Titles in:
Law & Courts

October 2017 | 840 pages | CQ Press

Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to shape the development of constitutional doctrine. Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that Supreme Court cases are more than just legal names and citations. With meticulous revising, authors Lee Epstein and Thomas G. Walker streamline material while accounting for recent landmark cases and new scholarship.

Ideal for a one-semester course, the Seventh Edition of Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format. Students and instructors benefit from the Constitutional Law for a Changing America Resource Center, which features more than 500 excerpted supplemental cases, links to CQ Press reference materials, and a moot court simulation. Learn more at edge.sagepub.com/conlaw

ORDER THE CORRECT ISBN to ensure that your students get FREE access to the
Constitutional Law for a Changing America
Resource Center:

Use bundle ISBN: 978-1-5443-0895-1

 
Chronological Table of Cases
 
Tables, Figures, and Boxes
 
Preface
 
I. THE U.S. CONSTITUTION
An Introduction to the U.S. Constitution

 
 
1. THE LIVING CONSTITUTION
The Amendment Process

 
The Supreme Court and the Living Constitution

 
 
2. UNDERSTANDING THE U.S. SUPREME COURT
Processing Supreme Court Cases

 
Supreme Court Decision Making: Legalism

 
Supreme Court Decision Making: Realism

 
Conducting Research on the Supreme Court

 
 
II. INSTITUTIONAL AUTHORITY
Structuring the Federal System

 
 
3. THE JUDICIARY
Establishment of the Federal Judiciary

 
Judicial Review

 
Constraints on Judicial Power

 
Constraints on Judicial Power and the Separation of Powers System

 
 
4. THE LEGISLATURE
Article I: Historical Overview

 
Members of Congress: Qualifications, Immunity, and Discipline

 
The Sources and Scope of Legislative Powers

 
Congress and the Separation of Powers

 
 
5. THE EXECUTIVE
Selection and Formal Powers

 
The Domestic Powers of the President

 
The President and Foreign Affairs

 
 
III. NATION-STATE RELATIONS
Allocating Government Power

 
 
6. FEDERALISM
Federal Power, State Sovereignty, and the Tenth Amendment

 
The Taney Court and the (Re)Emergence of States’ Rights

 
The Post–Civil War Era and the Return of Dual Federalism

 
The (Re)Emergence of National Supremacy: Cooperative Federalism

 
Return of (a Milder Form of) Dual Federalism

 
The Eleventh Amendment

 
 
7. THE COMMERCE POWER
Foundations of the Commerce Power

 
Attempts to Define the Commerce Power in the Wake of the Industrial Revolution

 
The Supreme Court and the New Deal

 
The Era of Expansive Commerce Clause Jurisprudence

 
Limits on the Commerce Power: The Republican Court Era

 
 
8. THE POWER TO TAX AND SPEND
The Constitutional Power to Tax and Spend

 
Direct Taxes and the Power to Tax Income

 
Intergovernmental Tax Immunity

 
Taxation as a Regulatory Power

 
Taxing and Spending for the General Welfare

 
 
IV. ECONOMIC LIBERTIES
Economic Liberties and Individual Rights

 
 
9. THE CONTRACT CLAUSE
The Framers and the Contract Clause

 
John Marshall and the Contract Clause

 
The Decline of the Contract Clause

 
Modern Applications of the Contract Clause

 
 
10. ECONOMIC SUBSTANTIVE DUE PROCESS
The Development of Substantive Due Process

 
The Roller-Coaster Ride of Substantive Due Process: 1898–1923

 
The Heyday of Substantive Due Process: 1923–1936

 
The Depression, the New Deal, and the Decline of Economic Substantive Due Process

 
Substantive Due Process: Contemporary Relevance

 
 
11. THE TAKINGS CLAUSE
Protecting Private Property from Government Seizure

 
What Constitutes a Taking?

 
Public Use Requirement

 
 
V. CIVIL LIBERTIES
Approaching Civil Liberties

 
 
12. RELIGION: EXERCISE AND ESTABLISHMENT
Free Exercise of Religion

 
Religious Establishment

 
 
13. FREEDOM OF SPEECH, ASSEMBLY, AND ASSOCIATION
The Development of Legal Standards: The Emergence of Law in Times of Crisis

 
Contemporary Tests and Constitutional Guidelines

 
Content and Contexts

 
 
14. FREEDOM OF THE PRESS
Prior Restraint

 
News Gathering and Special Rights

 
The Boundaries of Free Press: Libel, Obscenity, and Emerging Areas of Government Concern

 
Regulating the Internet

 
 
15. THE RIGHT TO KEEP AND BEAR ARMS
Initial Interpretations

 
The Second Amendment Revisited

 
 
16. THE RIGHT TO PRIVACY
The Right to Privacy: Foundations

 
Reproductive Freedom and the Right to Privacy: Abortion

 
Private Activities and the Application of Griswold

 
 
VI. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights

 
 
17. INVESTIGATIONS AND EVIDENCE
Searches and Seizures

 
The Fifth Amendment and Self-Incrimination

 
 
18. ATTORNEYS, TRIALS, AND PUNISHMENTS
The Right to Counsel

 
Fair Trials

 
Trial Proceedings

 
Sentencing and the Eighth Amendment

 
Posttrial Stages

 
 
VII. CIVIL RIGHTS
Civil Rights and the Constitution

 
 
19. DISCRIMINATION
Race Discrimination and the Foundations of Equal Protection

 
Modern-Day Treatment of Equal Protection Claims

 
Strict Scrutiny and Claims of Race Discrimination

 
Heightened Scrutiny and Claims of Gender Discrimination

 
Discrimination Based on Sexual Orientation

 
Discrimination Based on Economic Status

 
 
20. VOTING AND REPRESENTATION
Voting Rights

 
Contemporary Restrictions on the Right to Vote

 
Election Campaign Regulation

 
Political Representation

 
The 2000 Presidential Election

 
 
Reference Material
 
Constitution of the United States
 
The Justices
 
Glossary
 
Online Case Archive List
 
Case Index
 
Subject Index
 
About the Author

Supplements

Instructor Site

Instructor Resources save time and ease class prep. Register for the password-protected site and download the resources you need.

Microsoft® Word and ExamView test bank offers a diverse set of test questions and answers for each chapter of the book. Multiple-choice, true/false, short-answer, and essay questions for every chapter help instructors assess students' progress and understanding.

Editable, chapter-specific Microsoft® PowerPoint® slides offer you complete flexibility in easily creating a multimedia presentation for your course. Highlight essential content, features, and artwork from the book.

Instructor's Manual features case briefs, notes and questions for lecture and discussion.

Graphics from the book present every table, figure, and box in PowerPoint, PDF, and JPG.

 
Student Study Site

This password-protected website, free with purchase of a new print text, include:

  • case study archive with additional online-only cases, along with cases from previous editions
  • Mobile-friendly eFlashcards strengthen understanding of key terms
  • Mobile-friendly practice quizzes that allow for independent assessment by students of their mastery of course material

"Constitutional Law for a Changing America: A Short Course continues to be one of the best and most balanced books on the market. Epstein and Walker do a very good job of editing the opinions for clarity and using political science scholarship to present the clearest picture of the study of public law of any book geared towards an undergraduate audience."

Naser L. Javaid
Roosevelt University

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