American Constitutional Law, Volume II (11^th Ed.) The Bill of Rights and Subsequent Amendments

American Constitutional Law 11e, Volume II provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years.

The 11th Edition now includes several landmark First Amendment cases, including Janus v. American Federation of State, County, and Municipal Employees (2018), Minnesota Voters Alliance v. Mansky (2018), National Institute of Family and Life Advocates v. Beccera (2018), Trinity Lutheran Church v. Comer (2017) and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). It also includes Carpenter v. United States (2018). A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

PREFACE

NOTE TO THE READER

1 INTERPRETATION OF THE CONSTITUTION

Approaches to Constitutional Interpretation

The Approaches in Perspective

The Ends of the Constitution

Constitutional Means to Constitutional Ends

Notes

Selected Readings

2 CONSTITUTIONAL ADJUDICATION

The Justices of the Supreme Court

The Supreme Court in the Federal Judicial System

How Cases Get to the Supreme Court

How the Supreme Court Decides Cases

The Impact of Supreme Court Decisions

Analyzing Supreme Court Decisions

Notes

Selected Readings

3 RIGHTS UNDER THE CONSTITUTION

Rights and the Founding

The Fourteenth Amendment

Due Process and the Bill of Rights

Rights During Wartime and Other Emergencies

The Second Amendment

Notes

Selected Readings

CASES

Barron v. Baltimore (1833)

Palko v. Connecticut (1937)

Adamson v. California (1947)

Duncan v. Louisiana (1968)

Ex parte Milligan (1866)

Korematsu v. United States (1944)

Hamdi v. Rumsfeld (2004)

Boumediene v. Bush (2008)

District of Columbia v. Heller (2008)

McDonald v. Chicago (2010)

4 ECONOMIC DUE PROCESS AND THE TAKINGS CLAUSE

The Fourteenth Amendment

The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause

Economic Regulation and the Rise of Substantive Due Process

The Demise of Substantive Due Process in the Economic Realm

Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm?

The Emergence of Substantive Due Process in the Civil Liberties Realm

The Takings Clause

Notes

Selected Readings

CASES

The Slaughter-House Cases (1873)

Munn v. Illinois (1877)

Lochner v. New York (1905)

West Coast Hotel Company v. Parrish (1937)

Williamson v. Lee Optical Company (1955)

State Farm Mutual Automobile Insurance Company v. Campbell (2003)

United States v. Carolene Products Company (1938)

Kelo v. City of New London (2005)

Horne v. Department of Agriculture (2015)

Nollan v. California Coastal Commission (1987)

Lucas v. South Carolina Coastal Council (1992)

Koontz v. St. Johns River Water Management District (2013)

5 FREEDOM OF SPEECH, PRESS, AND ASSOCIATION

The Meaning of the First Amendment

First Amendment Standards

Political Expression

The Regulation of Speech and Association

Restraints on the Press

Libel and the Invasion of Privacy

Obscenity and Violence

Conclusions

Notes

Selected Readings

CASES

Gitlow v. New York (1925)

Schenck v. United States (1919)

Dennis v. United States (1951)

Brandenburg v. Ohio (1969)

Holder v. Humanitarian Law Project (2010)

Citizens United v. Federal Election Commission (2010)

Texas v. Johnson (1989)

R. A. V. v. City of St. Paul (1992)

McCullen v. Coakley (2014)

National Institute of Family and Life Advocates v. Becerra (2018)

Janus v. American Federation of State, County, and Municipal Employees (2018)

Minnesota Voters Alliance v. Mansky (2018)

Near v. Minnesota (1931)

New York Times Company v. United States (1971)

Branzburg v. Hayes (1972)

New York Times v. Sullivan (1964)

Indianapolis Anti-Pornography Ordinance (1984)

Brown v. Entertainment Merchants Association (2011)

6 FREEDOM OF RELIGION

Establishment of Religion

Free Exercise of Religion

Reconciling the Religion Clauses

Notes

Selected Readings

CASES

Everson v. Board of Education (1947)

School District of Abington Township v. Schempp (1963)

Lemon v. Kurtzman (1971)

Wallace v. Jaffree (1985)

Lee v. Weisman (1992)

McCreary County v. American Civil Liberties Union (2005)

Van Orden v. Perry (2005)

Rosenberger v. University of Virginia (1995)

Zelman v. Simmons-Harris (2002)

West Virginia Board of Education v. Barnette (1943)

Sherbert v. Verner (1963)

Employment Division, Department of Human Resources of Oregon v. Smith (1990)

City of Boerne v. Flores, Archbishop of San Antonio (1997)

Trinity Lutheran v. Comer (2017)

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

7 CRIMINAL PROCEDURE

The Ex Post Facto Clauses

Search and Seizure

Self-Incrimination and Coerced Confessions

Due Process of Law

The Right to Counsel

The Insanity Defense

The Entrapment Defense

Trial by Jury

The Right to a Speedy Trial

The Right to Confrontation

Plea Bargaining

Bail and Pretrial Detention

Cruel and Unusual Punishments

Prisoners’ Rights

Retroactive Application of Criminal Procedure Guarantees

Basic Themes in the Court’s Criminal Procedure Decisions

Notes

Selected Readings

CASES

Stogner v. California (2003)

Smith v. Doe (2003)

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002)

Maryland v. King (2013)

Olmstead v. United States (1928)

Katz v. United States (1967)

Carpenter v. United States (2018)

Mapp v. Ohio (1961)

Miranda v. Arizona (1966)

Nix v. Williams (1984)

Connecticut Department of Public Safety v. Doe (2003)

Powell v. Alabama (1932)

Gideon v. Wainwright (1963)

Blakely v. Washington (2004)

Michigan v. Bryant (2011)

Gregg v. Georgia (1976)

Kennedy v. Louisiana (2008)

Roper v. Simmons (2005)

Miller v. Alabama (2012)

Harmelin v. Michigan (1991)

Ewing v. California (2003)

8 THE EQUAL PROTECTION CLAUSE AND RACIAL DISCRIMINATION

Race and the Founding

Racial Desegregation

Private Discrimination and the Concept of State Action

Racial Discrimination in Jury Trials

Racial Discrimination in Prisons

Proof of Discrimination: Disparate Treatment Versus Disparate Impact

Notes Selected Readings

CASES

Plessy v. Ferguson (1896)

Brown v. Board of Education (1954)

Bolling v. Sharpe (1954)

Brown v. Board of Education (1955)

Swann v. Charlotte-Mecklenburg Board of Education (1971)

United States v. Fordice (1992)

Missouri v. Jenkins (1995)

Shelley v. Kraemer (1948)

Moose Lodge No. 107 v. Irvis (1972)

Georgia v. McCollum (1992)

The Civil Rights Act of 1991 Ricci v. DeStefano (2009)

9 SUBSTANTIVE EQUAL PROTECTION

The Two-Tier Approach

The Development of an Intermediate Level of Review

Suspect Classifications

Fundamental Rights

The Future of Equal-Protection Analysis

Notes

Selected Readings

CASES

Richmond v. J. A. Croson Company (1989)

Adarand Constructors, Inc. v. Peña (1995)

Grutter v. Bollinger (2003)

Gratz v. Bollinger (2003)

Parents Involved in Community Schools v. Seattle School District No. 1 (2007)

Massachusetts Board of Retirement v. Murgia (1976)

Frontiero v. Richardson (1973)

United States v. Virginia (1996)

Rostker v. Goldberg (1981)

Shapiro v. Thompson (1969)

San Antonio Independent School District v. Rodriguez (1973)

10 VOTING AND REPRESENTATION

Equal Protection and the Right to Vote

Race and Representation: The Fifteenth Amendment and the Voting Rights Act

Notes

Selected Readings

CASES

Wesberry v. Sanders (1964)

Reynolds v. Sims (1964)

Vieth v. Jubelirer (2004)

Harper v. Virginia State Board of Elections (1966)

Crawford v. Marion County Election Board (2008)

Bush v. Gore (2000)

Katzenbach v. Morgan (1966)

Shaw v. Reno (1993)

Shelby County v. Holder (2013)

11 THE RIGHT TO PRIVACY, PERSONAL AUTONOMY, AND DIGNITY

The Constitutional Basis

What the Right to Privacy Protects

Qualifications on the Right to Privacy

Personal Autonomy and the Right to Die

Notes

Selected Readings

CASES

Troxel v. Granville (2000)

Griswold v. Connecticut (1965)

Roe v. Wade (1973)

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Gonzales v. Carhart (2007)

Lawrence v. Texas (2003)

Defense of Marriage Act of 1996 Obergefell v. Hodges (2015)

Cruzan v. Director, Missouri Department of Health (1990)

Washington v. Glucksberg (1997)

Vacco v. Quill (1997)

THE CONSTITUTION OF THE UNITED STATES OF AMERICA

JUSTICES OF THE SUPREME COURT

GLOSSARY OF COMMON LEGAL TERMS

TABLE OF CASES

Ralph A. Rossum is Henry Salvatori Professor of American Constitutionalism at Claremont McKenna College. He earned his PhD from the University of Chicago and is the author of several books, including The Supreme Court and Tribal Gaming: California v. Cabazon Band of Mission Indians (2011); Antonin Scalia’s Jurisprudence: Text and Tradition (2006); Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy (2001); Congressional Control of the Judiciary: The Article III Option (1988); The American Founding: Politics, Statesmanship, and the Constitution (1981); Reverse Discrimination: The Constitutional Debate (1979); and The Politics of the Criminal Justice System: An Organizational Analysis (1978). He has served in the US Department of Justice as deputy director of its Bureau of Justice Statistics and as a board member of its National Institute of Corrections. He currently serves as a member of the California Advisory Committee, US Commission on Civil Rights.

G. Alan Tarr is Board of Governors Professor Emeritus and the founder and former Director of the Center for State Constitutional Studies at Rutgers University in Camden, New Jersey. He received his doctorate from the University of Chicago. Professor Tarr is the author of several books, including Judicial Process and Judicial Policymaking (6th edition, 2013), Without Fear or Favor: Judicial Independence and Judicial Accountability in the States (2012), Understanding State Constitutions (1998), and State Supreme Courts in State and Nation (1988). He is coeditor of the three-volume State Constitutions for the Twenty-First Century (2005), Constitutional Dynamics in Federal Systems: Subnational Perspectives (2012), Constitutional Origins, Structure, and Change in Federal Countries (2005), and several other vol