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Cover Image: Constitutional Law for a Changing America: Rights, Liberties, and Justice, 6th Edition
  • Date: 10/23/2006
  • Format: Print Paperback
  • Price: $78.95
  • ISBN: 978-1-93311-680-8
  • Pages: 788

  • Format: Shrinkwrapped Pkg.
  • Price: $78.95
  • ISBN: 978-0-87289-478-5
  • Pages: 788

Constitutional Law for a Changing America: Rights, Liberties, and Justice, 6th Edition
Lee Epstein, Northwestern University
Thomas G. Walker, Emory University


Order package ISBN 0-87289-478-9 to receive FREE access to the online case archive currently featuring more than 295 supplemental cases.

Can your students get a good understanding of constitutional law if you leave out the politics? Epstein and Walker would say no and believe that any study of constitutional law is richer and more rewarding when its political context is emphasized. Simply put, political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the positions of elected officials, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize—quite powerfully—that Supreme Court cases are more than just legal names and citations. The landmark cases analyzed and excerpted in this exceptional two-volume set involve real people embroiled in real disputes whose cases have real political consequences.

The authors have carefully created structure and features in each chapter that enhance learning. Not only do they provide substantive commentary around cases, helping students to see a case within the larger picture of an evolving and dynamic body of law, they encourage students to see alternative points of view by including excerpts of important concurring and dissenting opinions for virtually all cases in the book. The popular Aftermath and Global Perspective boxes answer students’ lingering questions about what happened to litigants after a ruling or how U.S. case law compares to the law in other nations. Epstein and Walker also include profiles of influential groups and justices, photographs of litigants, exhibits from cases, and lively descriptions of the events that led to the suits. Web addresses are included throughout, giving students easy access to the full text of opinions as well as to audio recordings of oral arguments when available.

Examining the Supreme Court’s interpretation of the basic liberties guaranteed by the Bill of Rights and subsequent amendments to the Constitution, the authors cover such important topics as freedom of speech, the right to bear arms, discrimination, and political participation. Shaving off 50 pages with strategic streamlining, the book is now leaner, allowing students to engage more effectively with material, while allowing instructors to assign more cases without necessarily assigning more pages. Bringing the volume fully up-to-date, this sixth edition gives increased attention to the electronic age and the significance of the Internet on speech, press, libel, obscenity, and privacy, as well as the impact of the war on terrorism on rights, liberty, and justice.

Table of Contents

Part I. THE SUPREME COURT AND THE CONSTITUTION
The Living Constitution
The Road to the Bill of Rights
The Amendment Process
The Supreme Court and the Amendment Process

1. Understanding the U.S. Supreme Court
Processing Supreme Court Cases
Supreme Court Decision Making: The Role of Law and Legal Principles
Supreme Court Decision Making: The Role of Politics
Conducting Research on the Supreme Court

2. The Judiciary: Institutional Powers and Constraints
Judicial Review
Marbury v. Madison (1803)
Constraints on Judicial Power
Ex parte McCardle (1869)
Separation of Powers/Checks and Balances

3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Barron v. Baltimore (1833)
Incorporation Through the Fourteenth Amendment: Early Interpretations
Hurtado v. California (1884)
A Standard Emerges
Palko v. Connecticut (1937)
Incorporation in the Aftermath of Palko
Duncan v. Louisiana (1968)

PART II. CIVIL LIBERTIES
Approaching Civil Liberties

4. Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Cantwell v. Connecticut (1940)
Sherbert v. Verner (1963)
Wisconsin v. Yoder (1972)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
City of Boerne v. Flores (1997)
Religious Establishment
Everson v. Board of Education (1947)
Lemon v. Kurtzman (1971)
Earley v. DiCenso (1971)
Agostini v. Felton (1997)
Zellman v. Simmons-Harris (2002)
Edwards v. Aguillard (1987)
School District of Abington Township v. Schempp (1963)
Lee v. Weisman (1992)
New! Van Orden v. Perry (2005)

5. Freedom of Speech, Assembly, and Association
The Development of Legal Standards: The Emergence of Law in Times of Crisis
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Dennis v. United States (1951)
Brandenburg v. Ohio (1969)
Regulating Expression: Content and Contexts
United States v. O’Brien (1968)
Tinker v. Des Moines (1969)
Texas v. Johnson (1989)
Chaplinsky v. New Hampshire (1942)
Cohen v. California (1971)
Hill v. Colorado (2000)
R. A. V. v. City of St. Paul, Minnesota (1992)
Wisconsin v. Mitchell (1993)
West Virginia Board of Education v. Barnette (1943)
New! Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006)
Bates v. State Bar of Arizona (1977)
Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980)
Boy Scouts of America v. Dale (2000)

6. Freedom of the Press
Prior Restraint
Near v. Minnesota (1931)
New York Times v. United States (1971)
Hazelwood School District v. Kuhlmeier (1988)
Government Control of Press Content
Red Lion Broadcasting v. FCC (1969)
Newsgathering and Special Rights
Branzburg v. Hayes (1972)

7. The Boundaries of Free Expression: Obscenity and Libel
Obscenity
Roth v. United States (1957)
Miller v. California (1973)
New York v. Ferber (1982)
Ashcroft v. Free Speech Coalition (2002)
Reno v. American Civil Liberties Union (1997)
Libel
New York Times v. Sullivan (1964)
Gertz v. Welch (1974)
Hustler Magazine v. Falwell (1988)

8. The Right to Keep and Bear Arms
The Supreme Court and the Second Amendment
United States v. Miller (1939)
The States and the Second Amendment
Rethinking the Second Amendment

9. The Right to Privacy
The Right to Privacy: Foundations
Griswold v. Connecticut (1965)
Reproductive Freedom and the Right to Privacy: Abortion
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Private Activities and the Application of Griswold
New! Lawrence v. Texas (2003)
Cruzan v. Director, Missouri Department of Health (1990)

PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights

10. Investigations and Evidence
Searches and Seizures
Katz v. United States (1967)
Illinois v. Gates (1983)
Terry v. Ohio (1968)
Enforcing the Fourth Amendment: The Exclusionary Rule
Mapp v. Ohio (1961)
United States v. Leon (1984)
The Fifth Amendment and Self-Incrimination
Escobedo v. Illinois (1964)
Miranda v. Arizona (1966)
New! Missouri v. Seibert (2004)

11. Attorneys, Trials, and Punishments
The Right to Counsel
Powell v. Alabama (1932) (The Scottsboro Boys Case)
Gideon v. Wainwright (1963)
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Batson v. Kentucky (1986)
Sheppard v. Maxwell (1966)
Richmond Newspapers v. Virginia (1980)
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Gregg v. Georgia (1976)
Atkins v. Virginia (2002)
Post-Trial Protections and the Double Jeopardy Clause
Post-Release Protections
Attorneys, Trials, and Punishments: The War on Terrorism
New! Hamdi v. Rumsfeld (2004)

PART IV. CIVIL RIGHTS
Civil Rights and the Constitution

12. Discrimination
Racial Discrimination
Plessy v. Ferguson (1896)
Sweatt v. Painter (1950)
Brown v. Board of Education (I) (1954)
Brown v. Board of Education (II) (1955)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Loving v. Virginia (1967)
Shelley v. Kraemer (1948)
Burton v. Wilmington Parking Authority (1961)
Moose Lodge No. 107 v. Irvis (1972)
Sex Discrimination
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
United States v. Virginia (1996)
Rostker v. Goldberg (1981)
Discrimination Based on Sexual Orientation
Romer v. Evans (1996)
Other Forms of Discrimination
San Antonio Independent School District v. Rodriguez (1973)
New! Plyer v. Doe (1999)
Remedying the Effects of Discrimination: Affirmative Action
Regents of the University of California v. Bakke (1978)
Adarand Constructors, Inc. v. Pena (1995)
Grutter v. Bollinger (2003)
Contemporary Developments in Discrimination Law

13. Voting and Representation
The Supreme Court and Elections
Bush v. Gore (2000)
Voting Rights
South Carolina v. Katzenbach (1966)
Regulation of Election Campaigns
New! McConnell v. Federal Election Commission (2003)
Political Representation
Baker v. Carr (1962)
Reynolds v. Sims (1964)
Miller v. Johnson (1995)

Reference Material
Constitution of the United States
Federalist, No. 78
U.S. Presidents
Thumbnail Sketch of the Supreme Court’s History
The Justices
Natural Courts
Supreme Court Calendar
Briefing Supreme Court Cases
Glossary

Subject Index
Case Index

Testimonials

"Constitutional Law for a Changing America is a fabulous collection of cases and related materials that places the Supreme Court as an institution, and its justices individually, in the evolving context of American politics and history. This is anything but a dry casebook on constitutional law. Instead, it masterfully weaves together well-edited and timely Supreme Court decisions with keen insights by Epstein and Walker about the politics of constitutional policy making and the competing theories that explain why the justices rule the way they do. Students especially enjoy the various sidebar stories, such as the 'aftermath' to many of the cases, which bring the people and politics of the cases to life. Rights Liberties, and Justice is the best undergraduate constitutional law text on the market today.

- Burton Atkins, Florida State University

Constitutional Law for a Changing America: Rights, Liberties and Justice has been my text of choice for almost a decade. It does an outstanding job of conveying the complexities of public law to undergraduates, in particular how Court doctrines and tests develop over time. The text explores a range of influences on American civil rights and liberties, from changing economic conditions to political conflicts that develop across Court eras. In particular, its treatment of the Supreme Court’s incorporation doctrine is excellent, and much of what comes after is a reflection of the excellent grounding it provides students in the area of developing conceptions of due process and equal protection. Furthermore, its online case archive provides the instructor with a useful means for further illustrating important topics, or adapting course content to specific interests or course objectives.”

- Hans J. Hacker, Stephen F. Austin State University

Constitutional Law for a Changing America is one of the best public law textbooks for undergraduate students, and I highly recommend the text. The authors describe the political context before and after each case, helping students understand the Court’s decision, understand the changing legal environment, and understand the political implications of each case. The writing is engaging and the students find the text accessible and enjoyable. The text introduces difficult concepts clearly while still bringing cases and history alive for the students, making it an excellent teaching tool as well. I intend on using this text as long as it continues to be updated.”

- Madhavi McCall, San Diego State University

“Epstein's and Walker’s Rights, Liberties, and Justice is the best constitutional law text that I have used in teaching undergraduates. My students appreciate its clarity, and they benefit from the way the authors discuss the political circumstances of the cases. I appreciate the essays that discuss the cases, as it makes it easier for me to illuminate the implications, both legal and political, of the Supreme Court's decisions. Overall, the text allows me to emphasize that the Supreme Court is an integral part of our governmental system and that it is not immune from the political forces that affect our society in important and even fundamental ways.”

- Peter Schultz, Assumption College

“Lee Epstein and Thomas Walker’s Constitutional Law for a Changing America is indispensable for those seeking to teach undergraduates how the Supreme Court operates within a broader political context. The case excerpts are judiciously edited, and the cases are effectively woven into broader narratives that trace legal change and the factors driving it.”

- Jeremy Buchman, C.W. Post Campus of Long Island University
Bio(s)
Lee Epstein, Northwestern University

Lee Epstein is the Beatrice Kuhn Professor of Law and Professor of Political Science at Northwestern University. She is also a fellow of the American Academy of Arts and Sciences and the American Academy of Political and Social Science. She received her Ph.D. from Emory University. She is coauthor of The Supreme Court and Legal Change: Abortion and the Death Penalty (1992) with Joseph Kobylka; Advice and Consent: The Politics of Judicial Appointments (2005) with Jeffrey A. Segal; The Supreme Court Compendium: Data, Decisions, and Developments, 4th ed. (2007) with Segal, Harold J. Spaeth, and Thomas G. Walker; and The Choices Justices Make (1998) with Jack Knight, which won the C. Herman Pritchett Award for the best book on law and courts. In addition, she is coauthor, with Walter F. Murphy and C. Herman Pritchett of Courts, Judges and Politics, 6th ed. (2006).



Thomas G. Walker, Emory University

Thomas G. Walker is Goodrich C. White Professor of Political Science at Emory University where he has won several teaching awards for his courses on constitutional law and the judicial process. He received his Ph.D. from the University of Kentucky. His book, A Court Divided, written with Deborah J. Barrow, won the prestigious V.O. Key Award for the best book on southern politics. He is the coauthor of The Supreme Court Compendium: Data, Decisions, and Developments, 4th ed. (2007) with Lee Epstein, Jeffrey A. Segal, and Harold J. Spaeth.

Ancillaries

Did you say case briefs? And test questions? How can I get my hands on them??

Created by Timothy Johnson at the University of Minnesota and easily accessible on the clca.cqpress.com website, adopters can quickly register for instructor’s resources and download helpful case briefs and a wealth of test questions—including multiple-choice, essay, and hypothetical. Resources are organized by chapter and taken together represent a rich and incredibly useful starting place for exams, lectures, and discussion groups.

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The electronic case archive you've come to love...
Point and click to over 295 excerpted cases!

clca.cqpress.com

With more than 295 cases that are mentioned or referenced in the text's commentary, the Constitutional Law for a Changing America online archive has been compiled and edited with great care—the authors have excerpted each case so you can be confident that each decision follows the same format as those appearing in the printed text, featuring the justices' votes, a summary of case facts, and a carefully edited version of the justices’ opinions. The authors continue to post recent cases as soon as each Supreme Court term ends, keeping this invaluable resource as current as possible.

By assigning cases in the archive, instructors can substitute or supplement the decisions that appear in the book without the hassle of editing or requiring students to read the full version of the Court’s opinions. Offering maximum flexibility, instructors can assign a favorite case, or send students to a quality resource for paper assignments and further study.

Samples Pages