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Cover Image: Constitutional Law for a Changing America: Institutional Powers and Constraints, 6th Edition
  • Date: 02/19/2007
  • Format: Print Paperback
  • Price: $72.95
  • ISBN: 978-1-93311-681-5
  • Pages: 684

  • Format: Shrinkwrapped Pkg.
  • Price: $72.95
  • ISBN: 978-0-87289-479-2
  • Pages: 684

Constitutional Law for a Changing America: Institutional Powers and Constraints, 6th Edition
Lee Epstein, Washington University, St. Louis
Thomas G. Walker, Emory University


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.

In a thorough exploration of the Supreme Court’s interpretation of the political power distributed by the Constitution, Epstein and Walker examine such essential concepts as separation of powers and federalism, as well as the government’s authority to conduct war, regulate commerce, tax, spend, and limit rights to property and contracts. This revised volume includes both recent and important rulings on limits to federal power, and thoughtfully examines the impact of national emergencies, terrorism, and the war in Iraq on the government’s capacity to act in the interests of national security.

Table of Contents

Part I. The U.S. Constitution
An Introduction to the U.S. Constitution
The Road to the U.S. Constitution
Underlying Principles of the Constitution

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

Part II. Institutional Authority
Structuring the Federal System
The Origins of the Separation of Powers/Checks and Balances System
Separation of Powers and the Constitution
Contemporary Thinking on the Constitutional Scheme

2. THE JUDICIARY
Establishment of the Federal Judiciary
Judicial Review
Marbury v. Madison
Martin v. Hunter’s Lessee
Eakin v. Raub

Constraints on Judicial Power: Article III
Ex parte McCardle
New! Hamdan v. Rumsfeld
Baker v. Carr
Nixon v. United States
Flast v. Cohen

Constraints on Judicial Power: The Separation of Power/Checks and Balances System

3. THE LEGISLATURE
Article I: Historical Overview
Congressional Authority over Internal Affairs: Institutional Independence and Integrity
Powell v. McCormack
U.S. Term Limits, Inc. v. Thornton
Gravel v. United States

Sources and Scope of Legislative Powers
McCulloch v. Maryland
McGrain v. Daugherty
Watkins v. United States
Barenblatt v. United States
United States v. Curtiss-Wright Export Corp.
South Carolina v. Katzenbach

Congress and Constitutional Interpretation

4. THE EXECUTIVE
Article II: Basic Considerations
Bush v. Gore
The Faithful Execution of the Laws: Defining the Contours of Presidential Power
In re Neagle
Domestic Powers of the President
Clinton v. City of New York
Morrison v. Olson
Myers v. United States
Humphrey’s Executor v. United States
United States v. Nixon
Mississippi v. Johnson
Nixon v. Fitzgerald
Clinton v. Jones
Ex parte Grossman
Murphy v. Ford

The President and Foreign Policy
United States v. Curtiss-Wright Export Corp.

5. THE SEPARATION OF POWERS SYSTEM IN ACTION
Domestic Powers
Mistretta v. United States
Immigration and Naturalization Service v. Chadha
Bowsher v. Synar

Presidential Power during War and National Emergencies
The Prize Cases
Ex parte Milligan
Ex parte Quirin
Korematsu v. United States
Youngstown Sheet & Tube Company v. Sawyer
Dames & Moore v. Regan
New! Hamdi v. Rumsfeld
New! Hamdan v. Rumsfeld


Part III. Nation-State Relations
Allocating Government Power
The Framers and Federalism
The Tenth and Eleventh Amendments

6. FEDERALISM
Nation-State Relations: The Doctrinal Cycle
McCulloch v. Maryland
Scott v. Sandford
Hammer v. Dagenhart
United States v. Darby Lumber
National League of Cities v. Usery
Garcia v. San Antonio Metropolitan Transit Authority
New York v. United States
Printz v. United States

The Eleventh Amendment
Alden v. Maine
New Judicial Federalism
Michigan v. Long
National Preemption of State Laws
State of Missouri v. Holland
Crosby v. National Foreign Trade Council
Pennsylvania v. Nelson
Pacific Gas and Electric Company v. State Energy Resources Conservation and Development Commission


7. THE COMMERCE POWER
Constitutional Foundations of the Commerce Power
Gibbons v. Ogden
Defining Interstate Commerce
United States v. E. C. Knight Co.
Stafford v. Wallace

The Supreme Court and the New Deal
A. L. A. Schechter Poultry Corp. v. United States
Carter v. Carter Coal Company
National Labor Relations Board v. Jones & Laughlin Steel Corporation
Wickard v. Filburn
United States v. Lopez
United States v. Morrison
New! Gonzalez v. Raich

Regulating Commerce as a Federal Police Power
Champion v. Ames
Heart of Atlanta Motel v. United States

The Commerce Power of the States
Cooley v. Board of Wardens
Southern Pacific Company v. Arizona
Hunt v. Washington State Apple Advertising Commission
Maine v. Taylor
New! Granholm v. Heald


8. THE POWER TO TAX AND SPEND
The Constitutional Power to Tax and Spend
Direct Taxes and the Power to Tax Income
Pollock v. Farmers’ Loan & Trust Co.
Taxation of Exports
United States v. United States Shoe Corporation
Intergovernmental Tax Immunity
South Carolina v. Baker
Davis v. Michigan Department of Treasury

Taxation as a Regulatory Power
McCray v. United States
Bailey v. Drexel Furniture Co.

Taxing and Spending for the General Welfare
United States v. Butler
Steward Machine Co. v. Davis
South Dakota v. Dole

Restrictions on the Revenue Powers of the States
Michelin Tire Corp. v. Wages
Complete Auto Transit v. Brady
Quill Corp. v. North Dakota
Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon


Part IV. Economic Liberties
Economic Liberties and Individual Rights

9. THE CONTRACT CLAUSE
The Framers and the Contract Clause
John Marshall and the Contract Clause
Fletcher v. Peck
Trustees of Dartmouth College v. Woodward

Decline of the Contract Clause: From the Taney Court to the New Deal
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge
Stone v. Mississippi
Home Building and Loan Association v. Blaisdell

Modern Applications of the Contract Clause
United States Trust Co. v. New Jersey
Allied Structural Steel Co. v. Spannaus


10. ECONOMIC SUBSTANTIVE DUE PROCESS
The Development of Substantive Due Process
The Slaughterhouse Cases (Butchers’ Benevolent Association v. Crescent City Livestock Landing & Slaughter House Company)
Munn v. Illinois
Allgeyer v. Louisiana

The Roller-Coaster Ride of Substantive Due Process: 1898-1923
Lochner v. New York
Muller v. Oregon

The Heyday of Substantive Due Process: 1923-1936
Adkins v. Children’s Hospital
The Depression, the New Deal, and the Decline of Substantive Due Process
Nebbia v. New York
West Coast Hotel v. Parrish
Williamson v. Lee Optical Company

The Contemporary Relevance of Substantive Due Process
BMW of North America v. Gore

11. THE TAKINGS CLAUSE
Protecting Private Property from Government Seizure
United States v. Causby
Penn Central Transportation Company v. City of New York
Nollan v. California Coastal Commission
Lucas v. South Carolina Coastal Council

Public Use Requirement
Berman v. Parker
Hawaii Housing Authority v. Midkiff
New! Kelo v. City of New London


Reference Material
Index

Testimonials

Constitutional Law for a Changing America is unique in successfully marrying the concerns of modern political science with our stock-in-trade, the close analysis of famous cases, and doing so in a way undergraduates find not only palatable but also stimulating.”

- Gregory A. Caldeira, Ohio State University

“I rely on Epstein and Walker to provide my students with well-edited case opinions placed within rich historic and political narratives. This approach reminds students of constitutional law that the decisions that emanate from the Supreme Court are the product of not only legal reason, but also a complex set of forces within and outside the Court. With this perspective, my students and I are better able to take on the questions Epstein and Walker pose to their readers. Strategically, the authors leave many of their own questions unanswered, resulting in spirited class discussions that force students to reach conclusions for themselves.”

- Bill Swinford, University of Kentucky

Constitutional Law for a Changing America is an accessible introduction to the decisions of the U.S. Supreme Court that provides students with the tools and information necessary to understand the transformation of American constitutional law. Concisely edited opinions paired with a history of the political and legal dynamic of the era in which decisions were written ensures that the doctrines established by the justices are placed in the appropriate and necessary context. This approach makes the material easy to grasp for students from a variety of academic disciplines, including political science, history, sociology, and education. The result is a text that makes teaching a diverse student body much easier and learning complex concepts more interesting.”

- Charles Jacobs, Kent State University

“I believe that Constitutional Law for a Changing America: Institutional Powers and Constraints, now in its sixth edition, is the best constitutional law textbook on the market. I have been using it since the third edition in 1998, and have discovered that my students, who are mostly political science majors, love it. When Epstein and Walker combined a distinctive ‘law and politics’ perspective with a keen sense of the most significant historical and contemporary cases, and then mixed in just the right amount of useful supplementary materials, the result was a valuable new product for use in the political science classroom. Students and professor alike are grateful to Epstein and Walker for having accomplished the alchemist’s dream of turning the dense ore of American constitutional law into gold.”

- Michael C. Tolley, Northeastern State University
Bio(s)
Lee Epstein, Washington University, St. Louis

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.

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