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Constitutional Structure: Cases in Context, Fourth Edition

  • Randy E. Barnett
  • Josh Blackman
Series / Aspen Casebook Series
Teaching Materials

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Constitutional Structure: Cases in Context, Third Edition by Randy E. Barnett and Josh Blackman places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. It presents the highly engaging story that is American constitutional law.  Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. The readings are long enough to help students understand the arguments, yet short enough not to overwhelm them. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Student are encouraged to think about recurring foundational principles and debates.

New to the Fourth Edition:

  • New unit on Criminal Procedure cases taught from the perspective of constitutional law.
  • Integration of a twelve-hour video library that brings Supreme Court cases to life
  • The inclusion of decisions from the Roberts Court through June 2021

Professors and student will benefit from:

  • An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s most important decisions to life.
  • This “split” can be used for Constitutional Law I (Structure) courses. The splits sell for half the price of the hardcover casebook.
  • A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
  • Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic. 
  • A wealth of photographs, maps, and primary documents to bring the cases to life. 
  • A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term.
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About the authors
Randy E. Barnett
Georgetown University

Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School. In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act. Professor Barnett’s publications includes eleven books, more than one hundred articles and reviews, as well as numerous op-eds. New editions of his books, Restoring the Lost Constitution: The Presumption of Liberty (Princeton) and The Structure of Liberty: Justice and the Rule of Law (Oxford) will be released later this year, as will his coauthored book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave).

Josh Blackman

Josh is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. Josh is the author of the critically acclaimedem Unprecedented: The Constitutional Challenge to Obamacare em(2013) and emUnraveled: Obamacare, Religious Liberty, and Executive Powerem (Cambridge University Press, 2016). Josh was selected by emForbes Magazineem for the “30 Under 30” in Law and Policy. Josh has twice testified before the House Judiciary Committee on the constitutionality of executive action on immigration and health care. He is an adjunct scholar at the Cato Institute. Josh is the founder and President of the Harlan Institute, the founder of FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League, and blogs at Josh leads the cutting edge of legal analytics as Director of Judicial Research at LexPredict. Josh is the author of over three dozen law review articles, and his commentary has appeared in emThe New York Timesem, emWall Street Journalem, emWashington Postem, emUSA Todayem, emL.A. Timesem, and other national publications.

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Fourth Edition
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Connected eBook with Study Center + Paperback
Connected eBook with Study Center (Digital Only)
Constitutional Law
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