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Constitutional Structure: Cases in Context, Fourth Edition

Authors
  • Randy E. Barnett
  • Josh Blackman
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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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Table of Contents
Summary of Contents

Contents 
Preface 
Acknowledgments
The Constitution of the United States 
Articles of Confederation 
Chart of Supreme Court Justices 


PART I: INTRODUCTION: THE FOUNDATION OF MODERN CONSTITUTIONAL LAW
1. The Founding 
2. Foundational Cases on Constitutional Structure: The Marshall Court
3. Slavery and the Constitution 

PART II: THE LEGISLATIVE POWER
4. Enumerated Powers 
5. Federalism Limits on Congressional Power 
6. Federalism Limits on State Power

PART III: THE EXECUTIVE POWER
7. The Executive Power
8. The Separation of Powers 

PART IV: THE JUDICIAL POWER
9. Advisory Opinions and the Political Question Doctrine
10. Standing, Ripeness, and Mootness

Table of Cases
Index 
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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 include 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 acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013) and Unraveled: Obamacare, Religious Liberty, and Executive Power (Cambridge University Press, 2016). Josh was selected by Forbes Magazine 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 JoshBlackman.com. 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 The New York Times, Wall Street Journal, Washington Post, USA Today, L.A. Times, and other national publications.

Product Information
Edition
Fourth Edition
Publication date
2022-01-31
Copyright Year
2022
Pages
750
Connected eBook with Study Center + Paperback
9781543839043
Connected eBook with Study Center (Digital Only)
9781543856996
Subject
Constitutional Law
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