Constitutional Law for a Changing America: A Short Course

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. Ideal for a one-semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format.

The authors are known for fastidious revising and streamlining of decisions . A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Lee Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, and received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided , which won the V. O. Key, Jr. Award for the best book on southern politics.

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