This book draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, Epstein and Walker streamline material while accounting for recent landmark cases and new scholarship. The new edition continues well-loved features such as 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.
Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, including The Choices Justices Make (co-authored with Jack Knight), which won the Pritchett Award for the Best Book on Law and Courts and the Lasting Contribution Award for making a "lasting impression on the field of law and courts." The Constitutional Law for a Changing America series (co-authored with Thomas G. Walker) received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Her most recent books are The Behavior of Federal Judges, with William M. Landes and Richard A. Posner, and An Introduction to Empirical Legal Research, with Andrew D. Martin. Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University, where he teaches courses in constitutional law and the judicial process. He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won the V. O. Key, Jr. Award for the best book on southern politics, and the Constitutional Law for a Changing America series, with Lee Epstein. He is also author of Eligible for Execution: The Story of the Daryl Atkins Case (2009).
Part I: The U.S. Constitution 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 Part II: Institutional Authority Chapter 2: The Judiciary Establishment of the Federal Judiciary Judicial Review Constraints on Judicial Power: Article III Constraints on Judicial Power and the Separation of Powers System Chapter 3: The Legislature Article I: Historical Overview Congressional Authority over Internal Affairs: Institutional Independence and Integrity Legislative Powers: Sources and Scope Federal Legislature: Constitutional Interpretations Chapter 4: The Executive Article II: Basic Considerations The Faithful Execution of the Laws: Defining the Contours of Presidential Power Domestic Powers of the President The Role of the President in Foreign Policy Chapter 5: The Separation of Powers System in Action Debates over the Separation of Powers System Domestic Powers Powers over Foreign Affairs Part III: Nation-state Relations Chapter 6: Federalism The Doctrinal Cycle of Nation-State Relations The Eleventh Amendment and Sovereign Immunity New Judicial Federalism 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 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 Constitutional Power to Tax and Spend 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 Part IV: Economic Liberties 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 Constitutes a Public Use?