Higher Education

American Constitutional Law, Volume II, 6th Edition

  • Otis H. Stephens, Jr. University of Tennessee, Knoxville
  • John M. Scheb, II, Ph.D. Professor of Political Science, University of Tennessee
  • Colin Glennon East Tennessee State University
  • ISBN-10: 1285736923  |  ISBN-13: 9781285736921
  • 672 Pages
  • Previous Editions: 2012, 2008, 2003
  • © 2015 | Published
  • College Bookstore Wholesale Price = $132.00
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About

Overview

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to make the texts a perfect instructional choice. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled “Case in Point” and “Sidebar”) to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science.

Features and Benefits

  • Emphasizing recent trends in major areas of constitutional interpretation, this edition also features new cases as well as updated information.
  • This edition includes acknowledgement of all, or nearly all, of the Court’s consequential decisions made in the last five years.
  • Not merely a casebook, this comprehensive textbook caters to undergraduate constitutional law students by providing historical and biographical background information that is crucial to understanding the principle that is set in each case.
  • Dissenting and concurring opinions are included to reveal the political struggle among Justices.
  • A companion Web site includes links to a Supreme Court archive of cases—giving students the freedom to explore additional cases while offering instructors the chance to take their course beyond the textbook.
  • Pedagogy includes key terms, section-ending summaries to help keep the student on track as they read through each chapter, and suggested Internet resources to encourage further study.

Table of Contents

Volume 2 Table of Contents.
PREFACE.
1. CONSTITUTIONAL SOURCES OF CIVIL RIGHTS AND LIBERTIES.
Introduction.
Judicial Protection of Civil Rights and Liberties.
Rights Recognized in the Original Constitution.
The Bill of Rights.
The Civil War Amendments.
Nationalization of the Bill of Rights.
Amendments Protecting Voting Rights.
Standards of Review in Civil Rights and Liberties Cases.
The Importance of State Constitutions.
Conclusion.
Key Terms.
For Further Reading.
Ex Parte Milligan (1866).
Boumediene v. Bush (2008).
The Slaughterhouse Cases (1873).
The Civil Rights Cases (1883).
Shelley v. Kraemer (1948).
Barron v. Baltimore (1833).
Chicago, Burlington, & Quincy Railroad Company v. Chicago (1897).
Palko v. Connecticut (1937).
Adamson v. California (1947).
Rochin v. California (1952).
Duncan v. Louisiana (1968).
McDonald v. Chicago (2010).
2. PROPERTY RIGHTS AND ECONOMIC FREEDOM.
Introduction.
The Contracts Clause.
The Rise and Fall of Economic Due Process.
Equal Protection and Economic Regulation.
Property Rights and the Takings Issue.
Conclusion.
Key Terms.
For Further Reading.
Dartmouth College v. Woodward (1819).
Charles River Bridge Company v. Warren Bridge Company (1837).
Home Building and Loan Association v. Blaisdell (1934).
Munn v. Illinois (1877).
Lochner v. New York (1905).
Adkins v. Children’s Hospital (1923).
West Coast Hotel Company v. Parrish (1937).
Ferguson v. Skrupa (1963).
Hawaii Housing Authority v. Midkiff (1984).
Dolan v. City of Tigard (1994).
Kelo v. City of New London (2005).
3. EXPRESSIVE FREEDOM AND THE FIRST AMENDMENT.
Introduction.
Interpretive Foundations of Expressive Freedom.
The Prohibition of Prior Restraint.
The Clear and Present Danger Doctrine.
Fighting Words, Hate Speech, and Profanity.
Symbolic Speech and Expressive Conduct.
Defamation.
Obscenity and Pornography.
The Overbreadth Doctrine.
Expressive Activities in the Public Forum.
Electronic Media and the First Amendment.
Commercial Speech.
First Amendment Rights of Public Employees and Beneficiaries.
Freedom of Association.
Conclusion.
Key Terms.
For Further Reading.
Near v. Minnesota (1931).
New York Times Company v. United States (1971).
Schenck v. United States (1919).
Brandenburg v. Ohio (1969).
Cohen v. California (1971).
Texas v. Johnson (1989).
Virginia v. Black (2003).
New York Times Company v. Sullivan (1964).
Miller v. California (1973).
Reno v. American Civil Liberties Union (1997).
United States v. Stevens (2010).
Edwards v. South Carolina (1963).
Adderley v. Florida (1966).
Lorillard Tobacco Company v. Reilly (2001).
National Endowment for the Arts v. Finley (1998).
Boy Scouts of America v. Dale (2000).
4. RELIGIOUS LIBERTY AND CHURCH-STATE RELATIONS.
Introduction.
Interpretive Foundations of the Religion Clauses.
Religious Belief and the Right to Proselytize.
Unconventional Religious Practices.
Patriotic Rituals and Civic Duties.
Freedom of Religion Versus Parens Patriae.
Separation of Church and State.
Religion and Public Education.
Governmental Affirmations of Religious Belief.
Tax Exemptions, Tax Credits, Vouchers and Subsidies.
Conclusion.
Key Terms.
For Further Reading.
West Virginia State Board of Education v. Barnette (1943).
Wisconsin v. Yoder (1972).
Employment Division v. Smith (1990).
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993).
Everson v. Board of Education (1947).
Abington School District v. Schempp (1963).
Wallace v. Jaffree (1985).
Santa Fe Independent School District v. Doe (2000).
Edwards v. Aguillard (1987).
Agostini v. Felton (1997).
Marsh v. Chambers (1983).
McCreary County v. ACLU (2005).
Van Orden v. Perry (2005).
Walz v. Tax Commission (1970).
Zelman v. Simmons-Harris (2002).
5. THE CONSTITUTION AND CRIMINAL JUSTICE.
Introduction.
Search and Seizure.
The Exclusionary Rule.
Arrest.
Police Interrogation and Confessions of Guilt.
The Right to Counsel.
Bail and Pretrial Detention.
Plea Bargaining.
Trial by Jury.
The Protection against Double Jeopardy.
Incarceration and the Rights of Prisoners.
The Death Penalty.
Appeal and Postconviction Relief.
Juvenile Justice.
Conclusion.
Key Terms.
For Further Reading.
Olmstead v. United States (1928).
Katz v. United States (1967).
Weeks v. United States (1914).
Mapp v. Ohio (1961).
United States v. Leon (1984).
Miranda v. Arizona (1966).
Dickerson v. United States (2000).
Powell v. Alabama (1932).
Gideon v. Wainwright (1963).
Furman v. Georgia (1972).
Gregg v. Georgia (1976).
Roper v. Simmons (2005).
Baze v. Rees (2008).
6. PERSONAL AUTONOMY AND THE CONSTITUTIONAL RIGHT OF PRIVACY.
Introduction.
Constitutional Foundations of the Right of Privacy.
Procreation and Birth Control.
The Abortion Controversy.
Privacy and Living Arrangements.
The Demise of Sodomy Laws.
The Right to Die.
Conclusion.
Key Terms.
For Further Reading.
Jacobson v. Massachusetts (1905).
Meyer v. Nebraska (1923).
Buck v. Bell (1927).
Poe v. Ullman (1961).
Griswold v. Connecticut (1965).
Roe v. Wade (1973).
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).
Stenberg v. Carhart (2000).
Gonzales v. Carhart (2007).
Bowers v. Hardwick (1986).
Lawrence v. Texas (2003).
Washington v. Glucksberg (1997).
7. EQUAL PROTECTION AND THE ANTIDISCRIMINATION PRINCIPLE.
Introduction.
Levels of Judicial Scrutiny in Equal Protection Cases.
The Struggle for Racial Equality.
The Affirmative Action Controversy.
Gender-Based Discrimination.
Discrimination Based on Sexual Orientation.
Discrimination against the Poor.
Other Forms of Discrimination.
The Ongoing Problem of Private Discrimination.
Conclusion.
Key Terms.
For Further Reading.
Plessy v. Ferguson (1896).
Sweatt v. Painter (1950).
Brown v. Board of Education of Topeka I (1954).
Brown v. Board of Education of Topeka II (1955).
Loving v. Virginia (1967).
Swann v. Charlotte-Mecklenburg Board of Education (1971).
Parents Involved in Community Schools v. Seattle School District No. 1 (2007).
Grutter v. Bolinger (2003).
Frontiero v. Richardson (1973).
United States v. Virginia (1996).
Romer v. Evans (1996).
San Antonio Independent School District v. Rodriguez (1973).
8. ELECTIONS, REPRESENTATION, AND VOTING RIGHTS.
Introduction.
Racial Discrimination in Voting Rights.
Reapportionment: One Person, One Vote.
Political Parties and Electoral Fairness.
The Problem of Campaign Finance.
Conclusion.
Key Terms.
For Further Reading.
Smith v. Allwright (1944).
Gomillion v. Lightfoot (1960).
Reynolds v. Sims (1964).
Karcher v. Daggett (1983).
Bush v. Gore (2000).
Citizens United v. Federal Election Commission (2010).

What's New

  • New! Cases have been updated and new cases have been added to reflect the most significant recent decisions of the Supreme Court, as well as other major constitutional developments in the last several years, including the recent controversies over “Obamacare,” illegal immigration, gun control, terrorism, gay rights/same-sex marriage, and campaign finance.
  • New! The website has been updated with additional cases not found in the book.
  • New! New test questions and new sections on how to introduce a lecture topic to the class in the Instructor’s Manual.
  • New! The student website now contains tutorial quizzes, glossaries, crossword puzzles, and flashcards, all correlated by chapter.

Efficacy and Outcomes

Reviews

"Easy to understand, great introduction to chapters, very student friendly."

— Kimberly Hutson, Norfolk State University

"Extremely well-written, and the language is crisp and clear. The introductory material for each section, in particular, is noteworthy."

— Patricia Gormley, Florida International University

Supplements

All supplements have been updated in coordination with the main title. Select the main title's "About" tab, then select "What's New" for updates specific to title's edition.

For more information about these supplements, or to obtain them, contact your Learning Consultant.

Instructor Supplements

Instructor's Web Site  (ISBN-10: 1285736958 | ISBN-13: 9781285736952)

The Instructor's Manual / Test Bank contains for each chapter: Notes on each excerpted case in the chapter; a list of critical thinking questions for classroom discussion; 50 multiple choice questions and answers; essay questions; hypothetical problems for classroom discussion or essay responses; a series of lecture launchers to start class out; an outline; a list of key terms; and a suggested list of readings and Web resources.

Meet the Author

Author Bio

Otis H. Stephens, Jr.

Otis H. Stephens, Jr. is Alumni Distinguished Service Professor of Political Science and Resident Scholar of Constitutional Law at the University of Tennessee College of Law. Professor Stephens holds a Ph.D. in political science from Johns Hopkins University and a J.D. from the University of Tennessee. Professor Stephens is the author of THE SUPREME COURT AND CONFESSIONS OF GUILT(1973) and co-author, with Gregory J. Rathjen, of THE SUPREME COURT AND THEALLOCATION OF CONSTITUTIONAL POWER (1980) and, with John M. Scheb II, of AMERICAN CONSTITUTIONAL LAW: ESSAYS AND CASES (1988). He is co-author with Richard A. Glenn of UNREASONABLE SEARCHES AND SEIZURES: RIGHTS ANDLIBERTIES UNDER THE LAW (2006). He is co-editor with John M. Scheb II and Kara A. Stookesbury of ENCYLCOPEDIA OF AMERICAN CIVIL RIGHTS AND LIBERTIESVOLUMES I-III (2006). He has contributed chapters to COMPARATIVE HUMANRIGHTS, ed. Richard A. Claude (1976) and THE REAGAN ADMINISTRATION ANDHUMAN RIGHTS, ed. Tinsely E. Yarborugh (1985) and AMERICAN NATIONALSECURITY AND CIVIL LIBERTIES IN AN ERA OF TERRORISM, eds. David B. Cohen and John W. Wells (2004) and to LAW TOUCHED OUR HEARTS: A GENERATIONREMEMBERS BROWN V. BOARD OF EDUCATION, eds. Mildred Wigfall Robinson and Richard J. Bonnie (2009). He has also authored or co-authored a number of articles in professional journals, including the GEORGETOWN LAW JOURNAL, the JOURNALOF PUBLIC LAW, the TENNESSEE LAW REVIEW, the WIDNER JOURNAL OF PUBLICLAW, the SOUTHEASTERN POLITICAL REVIEW, and the CRIMINAL LAW BULLETIN. Dr. Stephens is also a member of the Tennessee Bar and of the United States Supreme Court Bar. Professor Stephens now teaches full time for the UT College of Law. PUBLIC LAW, the TENNESSEE LAW REVIEW, the WIDNER JOURNAL OFPUBLIC LAW, the SOUTHEASTERN POLITICAL REVIEW, and the CRIMINAL LAWBULLETIN. Dr. Stephens is also a member of the Tennessee Bar. Professor Stephens now teaches full time for the UT College of Law.

John M. Scheb, II, Ph.D.

John M. Scheb, II attended the University of Florida, where he received a B.A., M.A., and Ph.D. in political science. He is now Professor and Head of Political Science at the University of Tennessee, Knoxville, where he specializes in public law, courts, and the judicial process. Professor Scheb has authored numerous articles in professional journals and is coauthor of several other textbooks, including: AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM, 3rd Edition (Wolters Kluwer, 2013), LAW AND ADMINISTRATIVE PROCESS (Thomson/Wadsworth, 2005), and AMERICAN CONSTITUTIONAL LAW, 6th Edition (Wadsworth/Cengage, 2014).

Colin Glennon

Colin Glennon is Assistant Professor of Political Science at East Tennessee State University, where he teaches courses in American government, constitutional law, the judicial process, law and society and American political institutions. Professor Glennon received his PhD from the University of Tennessee in 2011. He has authored or coauthored articles in a number of professional journals. His research interests include American political institutions, judicial politics, public law, federalism in the courts, public policy in the courts, the impact of public opinion on judicial outcomes, judicial public policy, and state court administration.