Epstein and Walker show how judicial decisions are influenced by a myriad of political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices.

Chronological Table of Cases Tables, Figures, and Boxes Preface PART I: The U.S. Constitution An Introduction to the U.S. Constitution The Road to the U.S. Constitution Underlying Principles of the Constitution Chpater 1: The Living Constitution The Amendment Process The Supreme Court and the Living Constitution Readings Chapter 2: Understanding the Supreme Court Processing Supreme Court Cases Supreme Court Decision Making: The Role of Law and Legal Methods Supreme Court Decision Making: The Role of Politics Conducting Research on the Supreme Court Readings PART II: Institutional Authority Structuring the Federal System Origins of the Separation of Powers/Checks and Balances System Separation of Powers and the Constitution Chapter 3: The Judiciary Establishment of the Federal Judiciary Judicial Review Marbury v. Madison (1803) Constraints on Judicial Power Ex Parte McCardle (1869) Readings Chapter 4: The Legislature Article I: Historical Overview Members of Congress: Qualifications, Immunity, and Discipline U.S. Term Limits v. Thornton (1995) The Sources and Scope of Legislative Powers McCulloch v. Maryland (1819) United States v. Curtiss-Wright Export Corp. (1936) Congress and the Separation of Powers Mistretta v. United States (1989) Immigration and Naturalization Service v. Chadha (1983) Readings Chapter 5: The Executive Selection and Formal Powers The Domestic Powers of the President Clinton v. City of New York (1998) United States v. Nixon (1974) Clinton v. Jones (1997) The President and Foreign Affairs Korematsu v. United States (1944) Youngstown Sheet & Tube Co. v. Sawyer (1952) Hamdi v. Rumsfeld (2004) Readings PART III: Nation-State Relations Allocating Government Power The Framers and Federalism The Allocation of Government Power Chapter 6: Federalism: An Introduction State Sovereignty and the Tenth Amendment McCulloch v. Maryland (1819) The Taney Court and the (Re)Emergence of States’ Rights Dual Federalism and Laissez-Faire Economics The (Re)Emergence of National Supremacy: Cooperative Federalism Return of (a Milder Form of) Dual Federalism Printz v. United States (1997) The Eleventh Amendment Readings Chapter 7: The Commerce Power Foundations of the Commerce Power Gibbons v. Ogden (1824) Attempts to Define the Commerce Power in the Wake of the Industrial Revolution Hammer v. Dagenhart (1918) The Supreme Court and the New Deal A.L.A. Schechter Poultry Corp. v. United States (1935) National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) The Era of Expansive Commerce Clause Jurisprudence United States v. Darby (1941) Wicked v. Filburn (1942) Heart of Atlanta Motel, Inc. v. United States (1964) Limits on the Commerce Power: The Republican Court Era Garcia v. San Antonio Metropolitan Transit Authority (1985) United States v. Lopez (1995) Gonzales v. Raich (2005) National Federation of Independent Business v. Sebelius (2012) Readings Chapter 8: The Power to Tax and Spend The Constitutional Power to Tax and Spend Direct Taxes and the Power to Tax Income Pollock v. Farmers Loan & Trust Co. (1895) Intergovernmental Tax Immunity Taxation as a Regulatory Power Taxing and Spending for the General Welfare South Dakota v. Dole (1987) National Federation of Independent Business v. Sebelius (2012) Reading PART IV: Economic Liberties Economic Liberties and Individual Rights Chapter 9: The Contract Clause The Framers and the Contract Clause John Marshall and the Contract Clause The Decline of the Contract Clause Proprietors of Charles River Bridge v. Proprietors of Warren Bridge (1837) Home Building and Loan Association v. Blaisdell (1934) Modern Applications of the Contract Clause Readings Chapter 10: Economic Substantive Due Process The Development of Substantive Due Process The Roller-Coaster Ride of Substantive Due Process: 1898-1923 Lochner v. New York (1905) The Heyday of Substantive Due Process: 1923-1936 Adkins v. Children’s Hospital (1923) The Depression, the New Deal, and the Decline of Substantive Due Process West Coast Hotel v. Parrish (1937) Readings Chapter 11: The Takings Clause Protecting Private Property from Government Seizure What Constitutes a Taking? Penn Central Transportation Company v. City of New York (1978) Lucas v. South Carolina Coastal Council (1992) Public Use Requirement Kelo v. City of New London (2005) Readings PART V: Civil Liberties Approaching Civil Liberties Chapter 12: Religion: Exercise and Establishment Free Exercise of Religion Sherbert v. Verner (1963) Employment Division, Department of Human Resources of Oregon v. Smith (1990) Religious Establishment Everson v. Board of Education (1947) School District of Abington Township v. Schempp; Murray v. Curlett (1963) Lemon v. Kurtzman; Earley v. DiCenso (1971) Zelman v. Simmons-Harris (2002) Van Orden v. Perry (2005) Readings Chapter 13: Freedom of Speech, Assembly, and Association The Development of Legal Standards: The Emergence of Law in Times of Crisis Schenck v. United States (1919) Contemporary Tests and Constitutional Guidelines Content and Contexts Texas v. Johnson (1989) Chaplinsky v. New Hampshire (1942) Morse v. Frederick (2007) Snyder v. Phelps (2011) West Virginia Board of Education v. Barnette (1943) Boy Scouts of America v. Dale (2000) Readings Chapter 14: Freedom of the Press Prior Restraint Near v. Minnesota (1931) The Media and Special Rights Branzburg v. Hayes (1972) The Boundaries of Free Press: Libel, Obscenity, and Emerging Areas of Government Concern New York Times v. Sullivan (1964) Miller v. California (1973) Brown v. Entertainment Merchants Association (2011) Regulating the Internet Reno v. American Civil Liberties Union (1997) Readings Chapter 15: The Right to Keep and Bear Arms Initial Interpretations The Second Amendment Revisited District of Columbia v. Heller (2008) Heller and the States Readings Chapter 16: The Right to Privacy The Right to Privacy: Foundations Griswold v. Connecticut (1965) Reproductive Freedom and the Right to Privacy Roe v. Wade (1973) Private Activities and the Application of Griswold Lawrence v. Texas (2003) Cruzan v. Director, Missouri Department of Health (1990) Readings PART VI: 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 17: Investigations and Evidence Searches and Seizures United States v. Jones (2012) Mapp v. Ohio (1961) United States v. Leon (1984) The Fifth Amendment and Self-Incrimination Miranda v. Arizona (1966) Readings Chapter 18: Attorneys, Trials, and Punishments The Right to Counsel Gideon v. Wainwright (1963) Fair Trials Sentencing and the Eighth Amendment Gregg v. Georgia (1976) Atkins v. Virginia (2002) Posttrial Stages Readings PART VII: Civil Rights Civil Rights and the Constitution The Fourteenth Amendment The Fifteenth Amendment Chapter 19: Discrimination Racial Discrimination Plessy v. Ferguson (1896) Brown v. Board of Education of Topeka (1954) Sex Discrimination Reed v. Reed (1971) Craig v. Boren (1976) Economic Discrimination San Antonio Independent School District v. Rodriguez (1973) Discrimination Based on Sexual Orientation Romer v. Evans (1996) United States v. Windsor (2013) Remedying the Effects of Discrimination: Affirmative Action Grutter v. Bollinger (2003) Readings Chapter 20: Voting and Representation Voting Rights Shelby County, Alabama v. Holder (2013) Contemporary Restrictions on the Right to Vote Crawford v. Marion County Election Board (2008) Election Campaign Regulation Citizens United v. Federal Election Commission (2010) Political Representation Reynolds v. Sims (1964) Miller v. Johnson (1995) The 2000 Presidential Election Bush v. Gore (2000) Readings Reference Material Constitution of the United States The Justices Glossary Online Case Archive List Case Index Subject Index