This supplement brings the principal text current with recent developments in the law.

This supplement brings the principal text current with recent developments in the law.

This casebook continues to focus primarily upon Supreme Court opinions and other primary documents, offering deep and wide coverage of almost all major areas of constitutional doctrine in a way very few other casebooks do. For decades, the distinctive pedagogical approach reflected in the book - its commitment to providing as much of the raw decisional, statutory and historical background material as is practical - has allowed teachers to structure constitutional law courses as they see fit, and has encouraged students to formulate their own generalizations directly from the materials. The book provides comprehensive coverage of all major traditional constitutional topics, including the role of the federal judiciary, separation of powers, federalism, the non-criminal provisions of the Bill of Rights, the Reconstruction Amendments (including all aspects of due process, equal protection, and congressional powers to enforce them), and the First Amendment's protections of freedom of speech, freedom of the press, and freedom of religion. Current through the presidential inauguration of Joseph Biden and the second impeachment trial of Donald Trump, the 16th edition contains notable updates, including expanded discussion of constitutional review outside of courts; reorganized and expanded discussions of the topics of Article III jurisdiction, executive authority and presidential immunity; reworked or updated treatments of takings, racial and partisan gerrymandering, offensive and commercial speech, compelled speech and freedom of association; and significant recent developments interpreting the First Amendment's prohibitions of religious establishment and interference with the free exercise of religion.

This casebook focuses upon Supreme Court opinions and other primary documents, offering comprehensive coverage of almost all major areas of constitutional doctrine. For decades, the distinctive pedagogical essence of the book - its commitment to providing as much of the raw case, constitutional provision, statutory and historical note material as is practical - has allowed teachers the freedom to structure the course in their own ways, and has encouraged students to formulate their own generalizations directly from the materials. It covers all major topics, including the role of the federal judiciary, separation of powers, federalism, the noncriminal aspects of the Bill of Rights, and the Reconstruction Amendments.

Constitutional Law: Cases and Materials, Third Editionis structured for a three- to five-hour introductory course in Constitutional Law. Coverage includes a review of the power of the three coordinate branches of the federal government with particular emphasis on the Federal and Supreme Courts. Constitutional Law: Cases and Materialsemphasizes Individual Rights and includes Application of the Bill of Rights and the fundamental rights to Due Process, both substantive and procedural, as well as Equal Protection. First Amendment issues are not included: this casebook is meant for use in programs that offer separate First Amendment course. Professors and students will benefit from: Strong emphasis on civil rights and the Fourteenth Amendment including more extensive coverage of slavery, segregation, and civil rights and a very “realist view” of the role the Supreme Court has played from slavery to present. Structuring of Article III jurisdictional requirements as they are affected by a given subject matter in relation to how the judicial power should be applied in a democratic society. Beginning with a “mini course” in Supreme Court decision making and using the controversy generated by the “privacy and abortion cases” to show how actual case law is affected by the “weak origins” of judicial review and the conflict?in?the need to limit?governmental power (the Constitution as fundamental law) by a non-elected Court in a democratic society. Allowing students to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. ? Preparing the student to understand how the use of the case and controversy requirements in Article III are applied to restrain the judicial power and bow to the democratic process, as exemplified by the “historic” privacy cases. Providing the students exposure to some of the classic articles dealing with these issues in order to benefit their understanding of the subject matter. New to the Third Edition: The authors have updated material and included information on new developments in: The Pre-emption Doctrine The Civil Rights Act of 1964 Federalism Presidential Power (including the Unitary Executive Theory) Post Shelby v. Holder Voting Rights Redistricting Second Amendment right to bear arms Abortion Rights