Constitutional Law for a Changing America shows students how political factors influence judicial decisions and shape the development of constitutional law. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, the Eleventh...
Chronological Table of Cases
Tables, Figures, and Boxes
Preface
PART I. THE SUPREME COURT AND THE CONSTITUTION
An Introduction to Rights and Liberties
The Road to the Bill of Rights
The Amendment Process
Constitutional Change and the Supreme Court
CHAPTER 1. 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
ANNOTATED READINGS
CHAPTER 2. The Judiciary: Institutional Powers and Constraints
Judicial Review
Constraints On Judicial Power
ANNOTATED READINGS
CHAPTER 3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Incorporation through the Fourteenth Amendment: Early Interpretations
Tests Emerge
Incorporation in the Aftermath of Palko
ANNOTATED READINGS
PART II. CIVIL LIBERTIES
Approaching Civil Liberties
CHAPTER 4. Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Religious Establishment
ANNOTATED READINGS
CHAPTER 5. Foundations of Freedom of Expression
Free Expression in the Constitution
Justifications for Protecting Expression
Setting the Stage for Free Expression in the Supreme Court
Free Expression and the Incitement of Lawless Action
ANNOTATED READINGS
CHAPTER 6. Modern-Day Approaches to Free Expression
An Overview of Modern-Day Free Speech Doctrine
What Is Expression?
Does the Expression Fall Into an Unprotected Category?
Who Is Speaking?
Is The Regulation Content Neutral Or Content Based?
ANNOTATED READINGS
CHAPTER 7. Freedom of the Press
Prior Restraint
Government Control of Press Content
News Gathering and Special Rights
ANNOTATED READINGS
CHAPTER 8. The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation
Libel
Obscenity
ANNOTATED READINGS
CHAPTER 9. The Right to Keep and Bear Arms
Initial Interpretations
The Second Amendment Revisited
Heller and the States
In the Aftermath of Heller and McDonald
ANNOTATED READINGS
CHAPTER 10. Privacy and Personal Liberty
The Right to Privacy: Foundations
Reproductive Freedom and the Right to Privacy: Abortion
The Aftermath of Roe: Attempts to Limit the Decision
Attempts to Overturn Roe
Personal Liberty and Privacy Beyond Reproductive Freedom
ANNOTATED READINGS
PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making
CHAPTER 11. Investigations and Evidence
Searches and Seizures
The Fifth Amendment and Self-Incrimination
ANNOTATED READINGS
CHAPTER 12. Attorneys, Trials, and Punishments
The Right to Counsel
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Posttrial Protections and the Double Jeopardy Clause
Postrelease Protections
ANNOTATED READINGS
PART IV. CIVIL RIGHTS
CIVIL RIGHTS AND THE CONSTITUTION
The Fourteenth Amendment
The Fifteenth Amendment
CHAPTER 13. Race Discrimination and the Foundations of Equal Protection
Initial Approaches to the Fourteenth Amendment
State Action Requirement
ANNOTATED READINGS
CHAPTER 14. Contemporary Approaches to Equal Protection
Rational Basis Scrutiny
Strict Scrutiny and Claims of Race Discrimination
Heightened Scrutiny and Claims of Gender Discrimination
Discrimination Based on Sexual Orientation
Discrimination Based on Economic Status
Discrimination against Aliens
The Future of Discrimination Law
ANNOTATED READINGS
CHAPTER 15. Voting and Representation
Voting Rights
Political Representation
Election Campaign Regulation
The Court and Presidential Elections
ANNOTATED READINGS
Reference Material
Appendix 1. Constitution of the United States
Appendix 2. The Justices
Appendix 3. Glossary
Appendix 4. Online Case Archive Index
Case Index
Subject Index
About the Authors
Constitutional Law for a Changing America shows students how political factors influence judicial decisions and shape the development of constitutional law. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, the Eleventh Edition of this bestseller will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties.
Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term.
Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties.
Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.
Lee Epstein (PhD, Emory University) is the University Professor of Law & Political Science and the Hilliard Distinguished Professor of Law at the University of Southern California. She is a fellow of the American Academy of Arts and Sciences and the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation, Epstein has authored or co-authored more than 100 articles and essays and 18 books. She is currently co-editing The Oxford Handbook of Comparative Judicial Behaviour. Professor Epstein’s empirical research is frequently cited in the New York Times, among other news media.
