Constitutional Law: Cases and Materials

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.