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Constitutional Law for a Changing America
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Constitutional Law for a Changing America
Rights, Liberties, and Justice

Eleventh Edition


August 2021 | 752 pages | CQ Press
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. Learn more.

 
Chronological Table of Cases
 
Tables, Figures, and Boxes
 
Preface
 
PART I. THE SUPREME COURT AND THE CONSTITUTION
 
An Introduction to Rights and Liberties
The Road to the Bill of Rights

 
The Amendment Process

 
Constitutional Change and the Supreme Court

 
 
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

 
ANNOTATED READINGS

 
 
CHAPTER 2. The Judiciary: Institutional Powers and Constraints
Judicial Review

 
Constraints On Judicial Power

 
ANNOTATED READINGS

 
 
CHAPTER 3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses

 
Incorporation through the Fourteenth Amendment: Early Interpretations

 
Tests Emerge

 
Incorporation in the Aftermath of Palko

 
ANNOTATED READINGS

 
 
PART II. CIVIL LIBERTIES
 
Approaching Civil Liberties
 
CHAPTER 4. Religion: Exercise and Establishment
Defining Religion

 
Free Exercise of Religion

 
Religious Establishment

 
ANNOTATED READINGS

 
 
CHAPTER 5. Foundations of Freedom of Expression
Free Expression in the Constitution

 
Justifications for Protecting Expression

 
Setting the Stage for Free Expression in the Supreme Court

 
Free Expression and the Incitement of Lawless Action

 
ANNOTATED READINGS

 
 
CHAPTER 6. Modern-Day Approaches to Free Expression
An Overview of Modern-Day Free Speech Doctrine

 
What Is Expression?

 
Does the Expression Fall Into an Unprotected Category?

 
Who Is Speaking?

 
Is The Regulation Content Neutral Or Content Based?

 
ANNOTATED READINGS

 
 
CHAPTER 7. Freedom of the Press
Prior Restraint

 
Government Control of Press Content

 
News Gathering and Special Rights

 
ANNOTATED READINGS

 
 
CHAPTER 8. The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation
Libel

 
Obscenity

 
ANNOTATED READINGS

 
 
CHAPTER 9. The Right to Keep and Bear Arms
Initial Interpretations

 
The Second Amendment Revisited

 
Heller and the States

 
In the Aftermath of Heller and McDonald

 
ANNOTATED READINGS

 
 
CHAPTER 10. Privacy and Personal Liberty
The Right to Privacy: Foundations

 
Reproductive Freedom and the Right to Privacy: Abortion

 
The Aftermath of Roe: Attempts to Limit the Decision

 
Attempts to Overturn Roe

 
Personal Liberty and Privacy Beyond Reproductive Freedom

 
ANNOTATED READINGS

 
 
PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
 
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System

 
Trends in Court Decision Making

 
 
CHAPTER 11. Investigations and Evidence
Searches and Seizures

 
The Fifth Amendment and Self-Incrimination

 
ANNOTATED READINGS

 
 
CHAPTER 12. Attorneys, Trials, and Punishments
The Right to Counsel

 
The Pretrial Period and the Right to Bail

 
The Sixth Amendment and Fair Trials

 
Trial Proceedings

 
Final Trial Stage: An Overview of Sentencing

 
The Eighth Amendment

 
Posttrial Protections and the Double Jeopardy Clause

 
Postrelease Protections

 
ANNOTATED READINGS

 
 
PART IV. CIVIL RIGHTS
 
CIVIL RIGHTS AND THE CONSTITUTION
The Fourteenth Amendment

 
The Fifteenth Amendment

 
 
CHAPTER 13. Race Discrimination and the Foundations of Equal Protection
Initial Approaches to the Fourteenth Amendment

 
State Action Requirement

 
ANNOTATED READINGS

 
 
CHAPTER 14. Contemporary Approaches to Equal Protection
Rational Basis Scrutiny

 
Strict Scrutiny and Claims of Race Discrimination

 
Heightened Scrutiny and Claims of Gender Discrimination

 
Discrimination Based on Sexual Orientation

 
Discrimination Based on Economic Status

 
Discrimination against Aliens

 
The Future of Discrimination Law

 
ANNOTATED READINGS

 
 
CHAPTER 15. Voting and Representation
Voting Rights

 
Political Representation

 
Election Campaign Regulation

 
The Court and Presidential Elections

 
ANNOTATED READINGS

 
 
Reference Material
 
Appendix 1. Constitution of the United States
 
Appendix 2. The Justices
 
Appendix 3. Glossary
 
Appendix 4. Online Case Archive Index
 
Case Index
 
Subject Index
 
About the Authors

Supplements

Instructor Resource Site
edge.sagepub.com/epsteinrights11e

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.

For additional information, custom options, or to request a personalized walkthrough of these resources, please contact your sales representative.

ConLaw Resource Center
edge.sagepub.com/conlaw

Take your constitutional law class beyond the book with the Con Law Resource Center, featuring more than 100 excerpted, supplemental cases referenced in the commentary of the Constitutional Law for a Changing America volumes. 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

I adopted the eighth edition but was sent a hard copy of the eleventh edition. Sara, my Sage rep, has offered to zoom with me to advise me of the differences between the two. I am still waiting for the teaching resources that go with the eighth edition. My review of the eighth edition that my predecessor used is more than acceptable to me for this class.

Autumn Walden
Social Behavioral Science Div, Elmira College
January 1, 2022
Key features

NEW TO THIS EDITION:

  • Each chapter is thoroughly updated for currency and scholarship and reflects the most recent court rulings.
  • Two chapters now cover freedom of speech: In order to highlight some of the foundational issues and contrast them with contemporary disputes over expression, coverage of speech has separated into two chapters — Chapter 5 offers an overview of the enduring topics of free expression, and Chapter 6 reorganizes cases around modern legal questions about speech.
  • Fourth Amendment and Tech: Chapter 11 includes a closer examination of one of the problems at the intersection of the Fourth Amendment and modern technology.
  • Coverage of Religion - Our coverage of religion in Chapter 4 has expanded, revisiting some previous cases (such as Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah) and incorporating some new ones (such as American Legion v. American Humanist Association).  
KEY FEATURES:
  • A range of “Aftermath” boxes for selected cases provide final chapters to these stories, stimulating interesting discussions about the decisions’ impacts on the lives of ordinary Americans.
  • "Facts” and "Arguments" sections before every case help students understand key rulings.
  • Tables and figures on Court trends bring out the rich legal, social, historical, economic, and political contexts in which the Court reaches its decisions.

For instructors

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