Constitutional Law

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).

When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country.

The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today.

This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
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The new 5th edition retains the statute-based focus of the original text, guiding students through the rules, doctrines, and theories that apply to major litigation under the three generations of primary civil rights statutes. It also continues an emphasis on legal realism and how the statutes respond to real-life problems. In addition to widespread updating, this edition presents a new focus on 4th Amendment litigation post-Scott and several new approaches – both substantive and procedural – to official immunity defenses, as well as a significant new exploration of the Supreme Court's attempt in the Ricci case to adjust the relation between disparate impact and disparate treatment analyses, highlighting its substantial impact on affirmative action concepts.
Publisher's Description

• Comprehensive clause-by-clause collection of the essential texts for understanding the Bill of Rights.
• Provides textual background for the Bill of Rights from the original Federal and state sources.
• Delineates a history of each clause from proposal through drafting through adoption.
• Provides original source material without editing or "corrections" by editors at the risk of introducing bias.

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Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.

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Americans err in thinking that while their politics may be ailing, their Constitution is fine. Sick politics is a sure sign of constitutional failure. This is Sotirios Barber’s message in Constitutional Failure. Public attitudes fostered by a consumer culture, constitution worship, the lack of a trusted leadership community, and academic historicism and value skepticism—these, this book tells us in clear and bracing terms, are at the root of our political dysfunction.

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A leading text by a prominent scholar, Constitutional Law is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays. With the author’s context and background information, the law becomes more readily understood. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher's Manual and Annual Case Supplement round out this acclaimed text.

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Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.

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As Sunstein shows, many of the most important constitutional debates are in fact contests between four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.

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Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers’ view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism.

In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.

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In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings.

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This collection of fourteen essays written by young communication scholars at the University of Arkansas presents unique insights into how First Amendment issues have played out in the state. Rather than exploring the particular legal issues and the constitutional principles enunciated by the courts, First Amendment Studies tells the stories of actual people expressing challenged or unpopular points of view and reveals the ways that constitutional controversies arise from the actions of local officials and individual citizens.

Drawing on public documents as well as extensive interviews with participants, these essays demonstrate the dynamics of democratic dissent—on college campuses, in public schools, in churches, on the streets, in the forests and on the farms, and in legislative chambers and courtrooms.
Each essay was selected for the Richard S. Arnold Prize in First Amendment Studies, an endowed fund established in 1999 to encourage University of Arkansas graduate students in communication and the liberal arts to explore and examine questions about freedom of speech and freedom of religion.

The Fourth Amendment Handbook, is the definitive guide to understanding Fourth Amendment case law. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The Handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure. Amazon Description

The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, The Closer questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. Amazon Description

The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, The Closer questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. Amazon Description

This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided.

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Jumpstart Constitutional Law: Reading and Understanding Constitutional Law Cases, sheds light on the threshold issues and substantive questions common to all constitutional law cases thus bringing everything into focus for the student. Key to constructing cogent answers on a Constitutional Law exam, Jethro K. Lieberman s straightforward approach teaches students how to spot the issues and respond to the relevant questions in any constitutional law case.

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In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

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A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law.

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• Offers a comprehensive overview and introduction to the U.S. Constitution from historical, political, legal, rights, and thematic perspectives
• Focuses on the Constitution's development, structure, and role in the U.S. political system and culture
• Enables a critical comprehension of the literature on the Constitution's history, major issues in U.S. constitutional politics, the Constitution's legal framework, and the current themes in constitutional scholarship
• Includes all major contemporary constitutional topics and controversies with perspectives from different disciplines

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Understand better what you're learning in Constitutional Law class and prepare effectively for exams by applying concepts as you learn them. This study guide includes over 150 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 40 questions comprising a comprehensive "practice exam."

For each multiple-choice question, Professors McGreal and Eads provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professors McGreal and Eads provide a thoughtful, comprehensive, yet brief model answer.

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In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.

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By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens.

Publisher's description

Understanding Constitutional Law covers all of the central concepts and issues students encounter in any basic constitutional law course. Structure of Government issues revolve around the twin themes of federalism and separation of powers. Individual rights and liberties follow a concept organization-Due Process, Equal Protection, and First Amendment. Clearly written and authoritative, Understanding Constitutional Law addresses the central concepts and issues students encounter in most Constitutional Law casebooks. "Structure of government" issues revolve around the twin themes of federalism and separation of powers. Individual rights and liberties follow a concept organization - Due Process, Equal Protection, and First Amendment.

Publisher's description

In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy.

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.