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Constitutional Law for a Changing America
Institutional Powers and Constraints
Twelfth Edition
- Lee Epstein - Washington University St. Louis, USA
- Kevin T. McGuire - The University of North Carolina at Chapel Hill, USA
- Thomas G. Walker - Emory University, USA
March 2025 | 728 pages | CQ Press
In Constitutional Law for a Changing America: Institutional Powers and Constraints, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker show students how political factors influence judicial decisions and shape the development of constitutional law. The Twelfth Edition, updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of executive, legislative, and judicial power, facilitates a deeper understanding of how the U.S. Constitution defines what institutions can and cannot do.
This book is ideal for Constitutional Law courses in the two-semester sequence that covers powers and constraints. For courses that cover both rights and liberties and the separation of powers in one semester, see Constitutional Law for a Changing America: A Short Course.
This book is ideal for Constitutional Law courses in the two-semester sequence that covers powers and constraints. For courses that cover both rights and liberties and the separation of powers in one semester, see Constitutional Law for a Changing America: A Short Course.
Preface
Acknowledgments
About the Author
Part One: The U.S. Constitution
Chapter One: 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
Annotated Readings
Part Two: Institutional Authority
Chapter Two: 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
Annotated Readings
Chapter Three: 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 Intepretation of the Constitution
Annotated Readings
Chapter Four: 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
Annotated Readings
Chapter Five: Interbranch Interactions
Debates over Interbranch Interactions
Domestic Powers
Powers over Foreign Affairs
Annotated Readings
Part Three: Nation-State Relations
Chapter Six: Federalism
The Doctrinal Cycle of Nation-State Relations
The Eleventh Amendment and Sovereign Immunity
National Preemption of State Laws
Annotated Readings
Chapter Seven: 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
Annotated Readings
Chapter Eight: 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
Annotated Readings
Part Four: Economic Liberties
Chapter Nine: 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
Annotated Readings
Chapter Ten: 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
Annotated Readings
Chapter Eleven: The Takings Clause
Protecting Private Property from Government Seizure
What Is a Taking?
What Is a Public Use?
What Is Just Compensation?
Annotated Readings
Reference Material
Supplements
Instructor Resources
Online resources included with this text
The online resources for your text are available via the password-protected Instructor Resource Site, which offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides.
Case Archive
The authors have excerpted each case in the same format as those in the text, featuring the justices' votes, a summary of case facts, and a carefully edited version of the justices' opinions.
For additional information, custom options, or to request a personalized walkthrough of these resources, please contact your sales representative.
Online resources included with this text
The online resources for your text are available via the password-protected Instructor Resource Site, which offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides.
Case Archive
The authors have excerpted each case in the same format as those in the text, featuring the justices' votes, a summary of case facts, and a carefully edited version of the justices' opinions.
For additional information, custom options, or to request a personalized walkthrough of these resources, please contact your sales representative.