Constitutional Law for a Changing America

Name: Constitutional Law for a Changing America
Price: 130 USD
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ISBN: 9781071934470

Institutional Powers and Constraints

by Lee Epstein, Kevin T. McGuire, Thomas G. Walker

12th Edition

Publisher: CQ Press

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Book Details

Print ISBN	9781071934470
eText ISBN	9781071934500
Publisher	CQ Press
Publishing Year	2025
Edition	12th Edition
Language	English
Pages	728

The shifting landscape of American governance demands a rigorous, realistic framework for understanding the nation's founding document. Constitutional Law for a Changing America 12th Edition delivers an unparalleled examination of the structural dynamics that define the boundaries of federal power. Rather than treating constitutional principles as static doctrines, this authoritative volume contextualizes legal rulings within the broader political environment. By exploring how external pressures, public opinion, and institutional friction shape judicial outcomes, the authors provide students with a vital tool for analyzing contemporary struggles over authority. In an era marked by intense interbranch conflict and rapid legal transformations, this text offers the essential clarity needed to navigate the complex machinery of the United States government.

Spanning the entire spectrum of institutional authority, the text systematically guides readers through the intricacies of the judiciary, legislature, and executive branches. Lee Epstein, Kevin T. McGuire, and Thomas G. Walker employ a unique political science perspective that goes beyond mere case law analysis. They demonstrate how strategic actors within the political system influence the Supreme Court, revealing the human and institutional motives behind landmark decisions. From the historical foundations of judicial review to modern debates over executive privilege and legislative oversight, the book dissects the delicate balance of federalism and economic liberties. This realistic approach ensures that readers do not just memorize legal precedents but actually comprehend the underlying forces that drive constitutional evolution.

Designed for advanced undergraduate and graduate courses in political science and legal studies, this volume is the premier choice for instructors seeking a comprehensive two-semester treatment of institutional constraints. This updated edition integrates over five hundred supplemental cases and the latest landmark rulings, ensuring students have access to the most current jurisprudence. The pedagogical framework features detailed case briefs, structured interbranch interaction analyses, and engaging research guides that empower students to conduct their own inquiries. For those utilizing digital learning environments, the Constitutional Law for a Changing America 12th Edition PDF offers a highly accessible format that seamlessly supports remote study and interactive classroom discussions.

Chapter 1: Understanding the U.S. Supreme Court
- • Processing Supreme Court Cases
- • Supreme Court Decision Making: Legalism
- • Supreme Court Decision Making: Realism
- • Conducting Research on the Supreme Court
Chapter 2: The Judiciary
- • Establishment of the Federal Judiciary
- • Judicial Review
- • Constraints on Judicial Power: Article III
- • Constraints on Judicial Power: Judicial Self-Restraint and the Separation of Powers System
Chapter 3: The Legislature
- • Article I: Historical Overview
- • Congressional Authority over Internal Affairs: Institutional Independence and Integrity
- • Introduction to Legislative Powers
- • Enumerated Powers
- • Implied Powers and the Necessary and Proper Clause
- • Congress’s Interpretation of the Constitution
Chapter 4: The Executive
- • The Structure of the Presidency
- • The President’s Constitutional Authority and Tools for Executing It
- • The Faithful Execution of the Laws: Defining the Contours of Presidential Power
- • Domestic Powers of the President
- • The Role of the President in External Relations
Chapter 5: Interbranch Interactions
- • Debates over Interbranch Interactions
- • Domestic Powers
- • Powers over Foreign Affairs
Chapter 6: Federalism
- • The Doctrinal Cycle of Nation-State Relations
- • The Eleventh Amendment and Sovereign Immunity
- • National Preemption of State Laws
Chapter 7: The Commerce Power
- • Foundations of the Commerce Power
- • Attempts to Define the Commerce Power in the Wake of the Industrial Revolution
- • The Supreme Court and the New Deal
- • The Era of Expansive Commerce Clause Jurisprudence
- • Limits on the Commerce Power: The Republican Court Era
- • Commerce Power of the States
Chapter 8: The Power to Tax and Spend
- • The Framers and Defining the Financial Powers
- • Direct Taxes and the Power to Tax Income
- • Taxation of Exports
- • Intergovernmental Tax Immunity
- • Taxation as a Regulatory Power
- • Taxing and Spending for the General Welfare
- • Restrictions on the Revenue Powers of the States
Chapter 9: The Contract Clause
- • The Framers and the Contract Clause
- • John Marshall and the Contract Clause
- • Decline of the Contract Clause: From the Taney Court to the New Deal
- • Modern Applications of the Contract Clause
Chapter 10: Economic Substantive Due Process
- • Development of Substantive Due Process
- • The Roller-Coaster Ride of Substantive Due Process: 1898–1923
- • The Heyday of Substantive Due Process: 1923–1936
- • The Depression, the New Deal, and the Decline of Economic Substantive Due Process
- • Substantive Due Process: Contemporary Relevance
Chapter 11: The Takings Clause
- • Protecting Private Property from Government Seizure
- • What Is a Taking?
- • What Is a Public Use?
- • What Is Just Compensation?

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Table of Contents

Chapter 1: Understanding the U.S. Supreme Court
- • Processing Supreme Court Cases
- • Supreme Court Decision Making: Legalism
- • Supreme Court Decision Making: Realism
- • Conducting Research on the Supreme Court
Chapter 2: The Judiciary
- • Establishment of the Federal Judiciary
- • Judicial Review
- • Constraints on Judicial Power: Article III
- • Constraints on Judicial Power: Judicial Self-Restraint and the Separation of Powers System
Chapter 3: The Legislature
- • Article I: Historical Overview
- • Congressional Authority over Internal Affairs: Institutional Independence and Integrity
- • Introduction to Legislative Powers
- • Enumerated Powers
- • Implied Powers and the Necessary and Proper Clause
- • Congress’s Interpretation of the Constitution
Chapter 4: The Executive
- • The Structure of the Presidency
- • The President’s Constitutional Authority and Tools for Executing It
- • The Faithful Execution of the Laws: Defining the Contours of Presidential Power
- • Domestic Powers of the President
- • The Role of the President in External Relations
Chapter 5: Interbranch Interactions
- • Debates over Interbranch Interactions
- • Domestic Powers
- • Powers over Foreign Affairs
Chapter 6: Federalism
- • The Doctrinal Cycle of Nation-State Relations
- • The Eleventh Amendment and Sovereign Immunity
- • National Preemption of State Laws
Chapter 7: The Commerce Power
- • Foundations of the Commerce Power
- • Attempts to Define the Commerce Power in the Wake of the Industrial Revolution
- • The Supreme Court and the New Deal
- • The Era of Expansive Commerce Clause Jurisprudence
- • Limits on the Commerce Power: The Republican Court Era
- • Commerce Power of the States
Chapter 8: The Power to Tax and Spend
- • The Framers and Defining the Financial Powers
- • Direct Taxes and the Power to Tax Income
- • Taxation of Exports
- • Intergovernmental Tax Immunity
- • Taxation as a Regulatory Power
- • Taxing and Spending for the General Welfare
- • Restrictions on the Revenue Powers of the States
Chapter 9: The Contract Clause
- • The Framers and the Contract Clause
- • John Marshall and the Contract Clause
- • Decline of the Contract Clause: From the Taney Court to the New Deal
- • Modern Applications of the Contract Clause
Chapter 10: Economic Substantive Due Process
- • Development of Substantive Due Process
- • The Roller-Coaster Ride of Substantive Due Process: 1898–1923
- • The Heyday of Substantive Due Process: 1923–1936
- • The Depression, the New Deal, and the Decline of Economic Substantive Due Process
- • Substantive Due Process: Contemporary Relevance
Chapter 11: The Takings Clause
- • Protecting Private Property from Government Seizure
- • What Is a Taking?
- • What Is a Public Use?
- • What Is Just Compensation?