Constitutional Law For A Changing America

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Constitutional Law for a Changing America



America, a nation built on the bedrock of its Constitution, is constantly evolving. Social norms shift, technological advancements reshape our lives, and global events challenge our foundational principles. This dynamic landscape necessitates a re-examination of constitutional law, understanding how its principles adapt and respond to the challenges of a changing nation. This comprehensive guide delves into the evolving interpretations of constitutional law in modern America, exploring key areas where adaptation is crucial and the ongoing debates shaping its future.

H2: The Enduring Principles and Their Modern Interpretations

The U.S. Constitution, drafted centuries ago, outlines fundamental rights and structures designed to ensure liberty and justice. However, the interpretation of these principles has been a constant source of legal and political debate. Concepts like due process, equal protection, and freedom of speech are not static; their meaning is refined through Supreme Court decisions that reflect societal changes and evolving understandings of justice.

H3: Due Process in the Digital Age

The Fourth Amendment's protection against unreasonable searches and seizures takes on new dimensions in the digital age. The proliferation of surveillance technologies, data collection practices, and online activity raises questions about the scope of government intrusion and the individual's right to privacy. Court cases grapple with the balance between national security and individual liberties, leading to evolving legal standards for digital searches and data access.

H3: Equal Protection and Societal Shifts

The Fourteenth Amendment's Equal Protection Clause, guaranteeing equal protection under the law, has been instrumental in advancing civil rights. However, the ongoing struggle for equality continues to challenge constitutional law. Debates surrounding affirmative action, LGBTQ+ rights, and gender equality highlight the need for continuous legal interpretation to ensure the clause remains relevant in addressing contemporary societal disparities.

H2: Adapting to Technological Advancements

Technological breakthroughs present novel challenges to constitutional principles. Issues concerning artificial intelligence, genetic engineering, and online censorship demand fresh legal frameworks. Questions arise regarding the extent to which existing constitutional protections apply to these new realities and whether new legal constructs are necessary.

H3: Freedom of Speech in the Digital Marketplace

The First Amendment's guarantee of freedom of speech is paramount. However, the internet's boundless reach creates complexities. The rise of social media platforms raises questions about content moderation, the spread of misinformation, and the limits of free speech online. Courts grapple with balancing the protection of free expression with the prevention of harm caused by hate speech and online harassment.

H3: Privacy in a Data-Driven World

The increasing collection and use of personal data by both government and private entities present serious privacy concerns. The Fourth Amendment's protection against unreasonable searches and seizures, alongside the emerging right to privacy, requires careful consideration in this data-driven world. Legislation and judicial decisions seek to establish appropriate safeguards to protect individual privacy without unduly hindering technological advancement.


H2: The Ongoing Debate: Originalism vs. Living Constitutionalism

The interpretation of constitutional law is often framed through the lens of two competing philosophies: originalism and living constitutionalism. Originalists emphasize the original intent of the framers, arguing that the Constitution's meaning should remain consistent with its historical context. Living constitutionalists, on the other hand, argue that the Constitution should be interpreted in light of contemporary values and circumstances. This fundamental disagreement shapes many crucial legal battles.


H2: The Future of Constitutional Law

The future of constitutional law in America will depend on how effectively it adapts to the ever-changing societal, technological, and political landscapes. Maintaining the delicate balance between preserving foundational principles and addressing new challenges will require ongoing dialogue, judicial review, and legislative action. The evolving interpretation of the Constitution remains a cornerstone of American democracy, ensuring its relevance and effectiveness for future generations.


Conclusion:

Constitutional law is not a static entity but a dynamic instrument constantly shaped by societal shifts and technological progress. Understanding its evolution and the ongoing debates surrounding its interpretation is crucial for navigating the complexities of modern America. The enduring principles of the Constitution must adapt to meet the challenges of a changing world while preserving the fundamental rights and liberties upon which the nation was founded.


FAQs:

1. What is the role of the Supreme Court in shaping Constitutional Law? The Supreme Court plays a pivotal role through its power of judicial review, interpreting the Constitution and determining the constitutionality of laws. Its decisions shape the meaning and application of constitutional provisions.

2. How does technology impact the interpretation of the Fourth Amendment? Technology has significantly impacted the Fourth Amendment's protection against unreasonable searches and seizures. The ability to collect vast amounts of data through digital means necessitates new legal frameworks to balance national security with individual privacy rights.

3. What are the key differences between originalism and living constitutionalism? Originalism emphasizes the original intent of the framers, while living constitutionalism argues for interpretation in light of contemporary values and circumstances.

4. How does the Constitution address evolving social norms regarding equality? The Fourteenth Amendment's Equal Protection Clause has been central in addressing evolving social norms regarding equality, but its interpretation constantly evolves in response to ongoing struggles for social justice.

5. What are some of the biggest challenges facing Constitutional law today? Some of the biggest challenges include balancing national security with individual liberties in the digital age, addressing issues of equality in an increasingly diverse society, and adapting to rapid technological advancements.


  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Provost Professor and Rader Family Trustee Chair in Law & Political Science Lee Epstein, Thomas G. Walker, 1998 Should a president be immune from civil lawsuits? Can the federal government force local governments to enforce the Brady bill gun control law?Analyzes the institutional authority of government as it is interpreted in important Court decisions, including nation-state relations and economic liberties.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Thomas G. Walker, 2018-07-26 Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows you how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and “Aftermath” boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text helps you develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Kevin T. McGuire, Thomas G. Walker, 2022-03-28 Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. The Eleventh Edition of Constitutional Law for a Changing America: Institutional Powers and Constraints draws on political science as well as legal studies to analyze and excerpt landmark cases, including key opinions handed down through 2021. 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: Constitutional Law for a Changing America Lee Epstein, Kevin T. McGuire, Thomas G. Walker, 2021-08-04 Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Thomas G. Walker, 2019-01-09 A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. The Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Kevin T. McGuire, Thomas G. Walker, 2020-09-17 Excellent balance of case excerpts and author explanation, highly appropriate for undergraduate students. —Dr. Wendy Brame, Briar Cliff University Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to shape the development of constitutional doctrine. Drawing on political science as much as from legal studies, Constitutional Law for a Changing America: A Short Course helps students realize that Supreme Court cases are more than just legal names and citations. With meticulous revising, the authors streamline material while accounting for recent landmark cases and new scholarship. Ideal for a one semester course, the Eighth Edition of A Short Course offers all the hallmarks of the Rights and Powers volumes in a more condensed format. Students and instructors benefit from the online Con Law Resource Center which houses the supplemental case archive, links to CQ Press reference materials, a moot court simulation, instructor resources, and more.
  constitutional law for a changing america: Constitutional Law For A Changing America: Rights, Liberties, and Justice, 6th Edition Lee Epstein, 2007
  constitutional law for a changing america: American Constitutional Law Bernard Schwartz, 2013-09-19 Originally published in 1955, this book presents the workings of American constitutional law for a non-American audience.
  constitutional law for a changing america: The People’s Constitution John F. Kowal, 2021-09-21 The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
  constitutional law for a changing america: An Introduction to Empirical Legal Research Lee Epstein, Andrew D. Martin, 2014 An Introduction to Empirical Legal Research introduces empirical methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results.
  constitutional law for a changing america: United States Constitutional Law Paul Rodgers, 2014-01-10 The great liberties and guarantees of the United States Constitution are stated as general principles, to be perpetuated and reapplied in a changing America. This book provides a basic understanding of Constitutional law, addressing both the history of the U.S. Constitution and each of its individual clauses. It explains the power of the Supreme Court, whereby a bare majority of five justices, each with lifetime tenure, can overrule the president, the Congress, and state and local governments--effectively declaring the rights and obligations of persons and organizations across the land. Referencing more than 950 Supreme Court decisions, the book treats each subject objectively and without opinionated commentary.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, 1992
  constitutional law for a changing america: An Introduction to the American Legal System, Government, and Constitutional Law Diane S. Kaplan, 2015-08-07 This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Thomas G. Walker, 2017-09-27 Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that Supreme Court cases are more than just legal names and citations. Ideal for a one-semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format. The authors are known for fastidious revising and streamlining of decisions. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Lee Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, and received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided, which won the V. O. Key, Jr. Award for the best book on southern politics.
  constitutional law for a changing america: 51 Imperfect Solutions Judge Jeffrey S. Sutton, 2018-05-07 When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
  constitutional law for a changing america: Does the Constitution Follow the Flag? Kal Raustiala, 2011 The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
  constitutional law for a changing america: Routledge Handbook of Comparative Constitutional Change Xenophon Contiades, Alkmene Fotiadou, 2020-06-11 Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
  constitutional law for a changing america: The Birth of American Law John D. Bessler, 2014 The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to Life, Liberty and the pursuit of Happiness, to gun ownership and the founders' understanding of cruel and unusual punishments, the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the Penman of the Revolution who wrote of Beccaria's genius and masterly hand; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, 2002
  constitutional law for a changing america: States of Union Mark E. Brandon, 2013-09-17 In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the “constitutional” law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing—especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court’s famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be “in” the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, 2001
  constitutional law for a changing america: Constitutional Law for a Changing America Lee Epstein, Thomas G. Walker, 2001
  constitutional law for a changing america: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
  constitutional law for a changing america: Separation of Church and State Philip HAMBURGER, 2009-06-30 In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
  constitutional law for a changing america: The Living Constitution David A. Strauss, 2010-05-19 Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, living Constitution effectively rendered the Constitution useless. He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
  constitutional law for a changing america: Amending America Richard B. Bernstein, Jerome Agel, 1993 Even as we marvel at the grandeur of our constitutional system, we can't resist tinkering with it. Amending America tells the dramatic story of how, over the past 206 years, the American people have reshaped the Constitution to meet the country's changing needs. It describes how we have adopted 27 amendments since 1789-and debated and rejected 10,000 more. A provocative examination of one of America's most important yet least-known democratic tools, Amending America brings to life events in our history that continue to resonate today as, as various politicians have set their hearts on amendments to balance the budget, to ban abortion, or to allow school prayer. A wonderful book. . . . A magnificent treasure trove of American history.—Arthur R. Miller, Bruce Bromley Professor of Law, Harvard Law School. A skillfully rendered, comprehensive, and engaging study of Article V's procedures for amending the Constitution.—Washington Post Instructive and fascinating. The book is thorough, erudite, and packed with the anecdotes that make our political past so enjoyable to review.—Minneapolis Star Tribune. Admirably illuminates the complex and remarkable history of the American people's repeated attempts to amend the Constituion, and captures that history's enduring significance.—William E. Nelson, author of The Fourteenth Amendment: From Political Principle to Judicial Doctrine Will amply repay its readers. Scholars of American constitutional development should find the book a useful addition to their shelves; general readers should find it an interesting and enjoyable way to learn about some often overlooked aspects of American history.—Sanford Levinson, History Book Club News. Invaluable for just about anybody seeking to understand the contradictions of our approach to constitutional government.—Herbert S. Parmet, author of Richard Nixon and His America. An intelligent, carefully researched, and highly readable account.—Detroit News. The authors have made our country's charter the centerpiece of a suspenseful and still-unfolding national adventure.—Norfolk Virginian-Pilot and Ledger-Star. An anecdotal guide to the debates and conflicts over each amendment.—Publishers Weekly. A thoughtful history of the amendments ot the Constitution and an excellent delineation of issues debated by modern constitutional scholars.—Kirkus Reviews. An excellent work about an often-ignored issue. Recommended for all libraries.—Library Journal. A fresh and reassuring picture of a living, flexible document strong enough to accept constant challenge and occasional change. The amending process, used wisely, helps meet the needs of an evolving nation. This is an unusual survey of this always-timely process.—Anniston (Alabama) Star For a book with such a weighty subject, Amending America is surprisingly entertaining and humorous.—Alan Mass in the New York Law Journal.
  constitutional law for a changing america: Searching for W.P.M. Kennedy Martin L. Friedland, 2020-04-02 Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career and intriguing personal life, Kennedy’s story is largely a mystery. Weaving together a number of key events, Martin L. Friedland’s lively biography discusses Kennedy’s contributions as a legal and interdisciplinary scholar, his work at the University of Toronto where he founded the Faculty of Law, as well as his personal life, detailing stories about his family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, and his quest for recognition. Throughout the biography, Friedland interjects with his own personal narratives surrounding his interactions with the Kennedy family, and how he came to acquire the private letters noted in the book. The result is a readable, accessible biography of an important figure in the history of Canadian intellectual life.
  constitutional law for a changing america: Family Law in a Changing America Douglas NeJaime, R. Richard Banks, Joanna L. Grossman, Suzanne A. Kim, 2020-09-15 Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
  constitutional law for a changing america: From Vienna to Chicago and Back Gerald Stourzh, 2010-02-15 Spanning both the history of the modern West and his own five-decade journey as a historian, Gerald Stourzh’s sweeping new essay collection covers the same breadth of topics that has characterized his career—from Benjamin Franklin to Gustav Mahler, from Alexis de Tocqueville to Charles Beard, from the notion of constitution in seventeenth-century England to the concept of neutrality in twentieth-century Austria. This storied career brought him in the 1950s from the University of Vienna to the University of Chicago—of which he draws a brilliant picture—and later took him to Berlin and eventually back to Austria. One of the few prominent scholars equally at home with U.S. history and the history of central Europe, Stourzh has informed these geographically diverse experiences and subjects with the overarching themes of his scholarly achievement: the comparative study of liberal constitutionalism and the struggle for equal rights at the core of Western notions of free government. Composed between 1953 and 2005 and including a new autobiographical essay written especially for this volume, From Vienna to Chicago and Back will delight Stourzh fans, attract new admirers, and make an important contribution to transatlantic history.
  constitutional law for a changing america: Classics of American Political and Constitutional Thought Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert, 2007 From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.
  constitutional law for a changing america: Can America Govern Itself? Frances E. Lee, Nolan McCarty, 2019-06-20 Analyzes how rising party polarization, unequal representation, and economic inequalities affect the performance of American governing institutions.
  constitutional law for a changing america: Order from Transfer Günter Frankenberg, 2013-01-01 ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
  constitutional law for a changing america: Constitutional Law Changing America Epstein, 2003-10
  constitutional law for a changing america: Who Decides? Jeffrey S. Sutton, 2021-10-29 51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time--
  constitutional law for a changing america: An Introduction to the Study of the Law of the Constitution A.V. Dicey, 1985-09-30 A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
  constitutional law for a changing america: America's Constitution Akhil Reed Amar, 2012-02-29 In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
  constitutional law for a changing america: The Choices Justices Make Lee Epstein, Jack Knight, 1997-01-01 The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.
  constitutional law for a changing america: U.S. History P. Scott Corbett, Volker Janssen, John M. Lund, Todd Pfannestiel, Sylvie Waskiewicz, Paul Vickery, 2024-09-10 U.S. History is designed to meet the scope and sequence requirements of most introductory courses. The text provides a balanced approach to U.S. history, considering the people, events, and ideas that have shaped the United States from both the top down (politics, economics, diplomacy) and bottom up (eyewitness accounts, lived experience). U.S. History covers key forces that form the American experience, with particular attention to issues of race, class, and gender.
  constitutional law for a changing america: Justice on the Brink Linda Greenhouse, 2021-11-09 The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.
  constitutional law for a changing america: The Second Creation Jonathan Gienapp, 2018-10-09 A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Constitutional Law for a Changing America Ninth Editionor …
t from our two- volume book, maintains some of its most desirable fea-tures. First, we approach constitutional law, as we do in the Constitutional Law for a Changing America series, from a …

Constitutional Law For A Changing America Copy
This comprehensive guide delves into the evolving interpretations of constitutional law in modern America, exploring key areas where adaptation is crucial and the ongoing debates shaping its …

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Title: Constitutional law for a changing America. rights, liberties, and justice / Lee Epstein, Washington University in St. Louis, USA, Thomas G. Walker, Emory University, USA.

Constitutional Law for a Changing America
Constitutional Law for a Changing America. A Short Course. Ninth Edition. Lee Epstein. Kevin T. McGuire. Thomas G. Walker. CHAPTER TWO. UNDERSTANDING THE U.S. SUPREME …

Constitutional Law For A Changing America
Constitutional law for a changing America is a dynamic and evolving field. The challenges posed by technological advancements, shifting societal norms, and political polarization require …

Constitutional Law for a Changing America - Squarespace
UNDERSTANDING THE U.S. SUPREME COURTTHISBOOK IS DEVOTED to narrative and opinion excerpts showing how the U.S. Supreme Court has interpreted m. ny of the …

Constitutional Law For A Changing America - sg1.usj.edu.mo
Constitutional Law for a Changing America The Eleventh Edition of Constitutional Law for a Changing America: Institutional Powers and Constraints draws on political science as well as …

CONSTITUTIONAL LAW FOR A CHANGING AMERICA - GBV
constitutional law for a changing america institutional powers and constraints third edition lee epstein washington university thomas g.walker emory university a division of congressional …

Constitutional Law For A Changing America Institutional …
complex interplay between constitutional law, the institutions it empowers, and the inherent constraints it imposes in this rapidly changing America. We'll explore how these powers and …

Constitutional Law: Institutional Powers - Law & Courts
The purpose of this course is to introduce students to the philosophical bases and historical development of American constitutional powers and constraints. We will place a substantial …

Constitutional Law for a Changing America: Rights, …
Course Catalog Description: Case-method approach to issues involving civil liberties and civil rights. Examination of the historical evolution of Supreme Court decisions and evaluation of …

Constitutional Law for a Changing America: Rights, …
Constitutional Law for a Changing America: Rights, Liberties, and Justice. 8th ed. Washington, D.C.: CQ Press. (available at the university bookstore) (ISBN: 978-1-45227-040-1) I advise …

Microsoft Word - Amar - Final - Harvard Law Review
Constitution exposes America’s colorful history to the eye of the ordinary observer. The document’s brevity and its intimate relation to America’s storyline make it a brilliant focal point …

Constitutional Law Resource Center - SAGE Publications Inc
The Constitutional Law Resource Center includes 400 excerpted, supplemental cases mentioned or referenced in the commentary of the Constitutional Law for a Changing America volumes, …

Constitutional Law for a Changing America
law unconstitutional or in which a state court upheld a state law challenged on the ground that it violated the U.S. Constitution. Although the justices were technically obligated to decide such …

Political Science 4700 Constitutional Law: Powers Required …
constitutional law. This segment deals primarily with separation of powers within the national government and with issues of federalism. Required Text: Lee Epstein and Thomas Walker. …

CONSTITUTIONAL LAW: POWERS
American constitutional law. This segment deals primarily with separation of powers within the national government (the specific powers of Congress, the Executive Branch, and the …

Constitutional Law For A Changing America - li.ijcaonline.org
professional purposes. By accessing Constitutional Law For A Changing America versions, you eliminate the need to spend money on physical copies. This not only saves you money but …

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Title: Constitutional law for a changing America : rights, liberties, and justice / Lee Epstein, Washington University in St. Louis; Kevin T. McGuire, The University of North Carolina

Constitutional Law for a Changing America Ninth Editionor …
t from our two- volume book, maintains some of its most desirable fea-tures. First, we approach constitutional law, as we do in the Constitutional Law for a Changing America series, from a …

Constitutional Law For A Changing America Copy
This comprehensive guide delves into the evolving interpretations of constitutional law in modern America, exploring key areas where adaptation is crucial and the ongoing debates shaping its …

Constitutional Law for a Changing America - Squarespace
Title: Constitutional law for a changing America. rights, liberties, and justice / Lee Epstein, Washington University in St. Louis, USA, Thomas G. Walker, Emory University, USA.

Constitutional Law for a Changing America
Constitutional Law for a Changing America. A Short Course. Ninth Edition. Lee Epstein. Kevin T. McGuire. Thomas G. Walker. CHAPTER TWO. UNDERSTANDING THE U.S. SUPREME COURT. …

Constitutional Law For A Changing America
Constitutional law for a changing America is a dynamic and evolving field. The challenges posed by technological advancements, shifting societal norms, and political polarization require constant …

Constitutional Law for a Changing America - Squarespace
UNDERSTANDING THE U.S. SUPREME COURTTHISBOOK IS DEVOTED to narrative and opinion excerpts showing how the U.S. Supreme Court has interpreted m. ny of the amendments to the …

Constitutional Law For A Changing America - sg1.usj.edu.mo
Constitutional Law for a Changing America The Eleventh Edition of Constitutional Law for a Changing America: Institutional Powers and Constraints draws on political science as well as legal …

CONSTITUTIONAL LAW FOR A CHANGING AMERICA - GBV
constitutional law for a changing america institutional powers and constraints third edition lee epstein washington university thomas g.walker emory university a division of congressional …

Constitutional Law For A Changing America Institutional …
complex interplay between constitutional law, the institutions it empowers, and the inherent constraints it imposes in this rapidly changing America. We'll explore how these powers and …

Constitutional Law: Institutional Powers - Law & Courts
The purpose of this course is to introduce students to the philosophical bases and historical development of American constitutional powers and constraints. We will place a substantial …

Constitutional Law for a Changing America: Rights, …
Course Catalog Description: Case-method approach to issues involving civil liberties and civil rights. Examination of the historical evolution of Supreme Court decisions and evaluation of the Court’s …

Constitutional Law for a Changing America: Rights, …
Constitutional Law for a Changing America: Rights, Liberties, and Justice. 8th ed. Washington, D.C.: CQ Press. (available at the university bookstore) (ISBN: 978-1-45227-040-1) I advise you not to …

Microsoft Word - Amar - Final - Harvard Law Review
Constitution exposes America’s colorful history to the eye of the ordinary observer. The document’s brevity and its intimate relation to America’s storyline make it a brilliant focal point drawing …

Constitutional Law Resource Center - SAGE Publications Inc
The Constitutional Law Resource Center includes 400 excerpted, supplemental cases mentioned or referenced in the commentary of the Constitutional Law for a Changing America volumes, 30 …

Constitutional Law for a Changing America
law unconstitutional or in which a state court upheld a state law challenged on the ground that it violated the U.S. Constitution. Although the justices were technically obligated to decide such …

Political Science 4700 Constitutional Law: Powers Required …
constitutional law. This segment deals primarily with separation of powers within the national government and with issues of federalism. Required Text: Lee Epstein and Thomas Walker. …

CONSTITUTIONAL LAW: POWERS
American constitutional law. This segment deals primarily with separation of powers within the national government (the specific powers of Congress, the Executive Branch, and the Judiciary) …

Constitutional Law For A Changing America - li.ijcaonline.org
professional purposes. By accessing Constitutional Law For A Changing America versions, you eliminate the need to spend money on physical copies. This not only saves you money but also …

Page Proofs - Squarespace
Title: Constitutional law for a changing America : rights, liberties, and justice / Lee Epstein, Washington University in St. Louis; Kevin T. McGuire, The University of North Carolina