Cecily Zamora
The book Constitutional Law: Cases, Comments, and Questions by authors Choper, Jesse, Dorf, Michael, Fallon Jr., Richard, and Schauer, Frederick, is part of the American Casebook Series. The book was first published on 01/01/65 by William W. Van Alstyne. The 13th edition was published in 2022, and the 14th edition was published in 2024. The book covers pivotal cases and is meant to expose students to diverse perspectives in the notes and questions that follow most principal cases.
| Characteristics | Values |
|---|---|
| Title | Constitutional Law: Cases, Comments, and Questions |
| Authors | Choper, Jesse, Dorf, Michael, Fallon Jr., Richard, Schauer, Frederick |
| Publisher | West Academic |
| Publication Date | 2024 (14th edition); 2022 (13th edition); 1965 (1st edition) |
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What You'll Learn
Constitutional Law: Cases, Comments, and Questions (American Casebook Series)
The book is designed to provide students with a comprehensive understanding of constitutional law by exposing them to diverse perspectives and Supreme Court opinions. It includes pivotal cases, notes, and questions that facilitate learning and critical thinking. The latest edition reflects recent developments in constitutional doctrine, including the appointment of four new Justices between 2017 and 2022, and revisions to chapters on individual rights, religion clauses, and equal protection.
One unique aspect of this book is its focus on argumentative practice. Instead of providing definitive answers, it presents questions and extracts from literature to provoke thought and discussion. This approach mirrors the ongoing debates and diverse perspectives inherent to the field of constitutional law. By engaging with these questions and extracts, students can develop their analytical and argumentative skills.
The structure of the book is carefully considered to maximise its educational value. While some critics have found the structure unusual, the authors have made judicious cuts and revisions to include new material and reflect the latest developments in case law. This ensures that students are exposed to the most up-to-date information and legal perspectives.
Overall, Constitutional Law: Cases, Comments, and Questions (American Casebook Series) is a dynamic and thought-provoking educational resource for students studying constitutional law. By engaging with pivotal cases, diverse perspectives, and thought-provoking questions, students can develop a deep understanding of constitutional law and its ongoing evolution.
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Individual Rights chapter
The 14th edition of "Constitutional Law: Cases, Comments, and Questions" by Choper, Dorf, Fallon, and Schauer was published in 2024. This edition was released at a time of substantial change in constitutional law, following the appointment of four new Justices between 2017 and 2022.
Chapter 6 of this edition, focused on Individual Rights, has been significantly altered to reflect recent decisions regarding abortion and firearms. The chapter on Religion Clauses (Chapter 8) has also been updated with recent cases, while Chapter 9 on Equal Protection accurately represents the current case law.
The book aims to provide a comprehensive and sophisticated understanding of Constitutional Law by exposing students to diverse perspectives and scholarly literature. It includes substantial Supreme Court analysis, ensuring instructors have the resources to teach both the intellectual and doctrinal aspects of the subject.
The Individual Rights chapter of the 14th edition addresses recent developments in abortion and firearms laws. The specific cases discussed in this chapter likely include landmark decisions by the Supreme Court that have shaped the interpretation of individual rights. For example, the 2022 decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, significantly altering abortion rights.
This chapter may also explore other topics related to individual rights, such as the right to bear arms, freedom of speech, privacy, and due process. By presenting pivotal cases with minimal editing, the book encourages students to engage critically with Supreme Court opinions and understand the ongoing debates surrounding Constitutional Law.
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Religion Clauses chapter
The book "Constitutional Law: Cases, Comments, and Questions" was published in 2022, with a 2024 supplement. The book is part of the American Casebook Series and was written by Choper, Jesse, Dorf, Michael, Fallon Jr., Richard, and Schauer, Frederick.
Chapter 8 of the book is dedicated to the Religion Clauses. The First Amendment of the US Constitution has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects citizens' right to practice their religion as they please, provided it does not conflict with "public morals" or a "compelling" government interest.
The Establishment Clause not only forbids the government from establishing an official religion but also prohibits actions that unduly favor one religion over another or non-religion. While some government actions involving religion are permissible, the extent to which the Establishment Clause allows this is unclear. For example, the Supreme Court has allowed religious invocations to open legislative sessions and the use of public funds for private religious school transportation.
The Religion Clauses also prevent the government from interfering in certain religious disputes. Essays in the book may explore the relationship between the two Religion Clauses and their connection to the First Amendment's Free Speech Clause.
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Equal Protection chapter
The Equal Protection Clause is a part of the Fourteenth Amendment, which applies to all people. However, despite this, many African Americans still face the effects of systemic and intergenerational racial discrimination. The Equal Protection Clause was a decisive turning point in the struggle to dismantle government-imposed segregation in schools and society more broadly. This was furthered in 1967 with Loving v. Virginia, where the Supreme Court ruled that laws prohibiting interracial marriages violated equal protection.
The broad wording of the Equal Protection Clause has led the Supreme Court to rule that all racial discrimination is constitutionally suspect. This includes discrimination against whites, Hispanics, Asians, and Native Americans. This has led to an ongoing debate over whether it is unconstitutional for governments to consider race as a positive factor in university admissions, employment, and government contracting.
The Supreme Court has also stated that non-racial classifications motivated by racial discrimination and with the effect of racial discrimination are subject to the same scrutiny as racial classifications. This means that race-neutral affirmative action may not be any more constitutional than racial preference programs. This area is expected to be the subject of contentious litigation in the future.
The Equal Protection chapter of Constitutional Law: Cases, Comments, and Questions, accurately depicts the case law at the time of its publication. However, it is noted that major changes could occur depending on the decisions made by the Supreme Court in pending affirmative action cases.
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Constitutional Challenge to a Statute
The 13th and 14th supplements of the book "Constitutional Law: Cases, Comments, and Questions" were published in 2022 and 2024, respectively.
Challenging a statute's constitutionality is a complex process that differs from other types of lawsuits, such as personal injury or breach of contract cases. Constitutional challenges often carry broader societal implications, impacting the enforceability of a law for the entire population. As a result, the standard of proof in constitutional cases is typically higher, reflecting the potential consequence of overturning established legislation.
Initiating a constitutional challenge typically requires the assistance of a seasoned constitutional lawyer. The process begins with filing a complaint in federal court, clearly identifying the statute being challenged and explaining how it infringes upon constitutional rights. One crucial aspect of these cases is "standing," which refers to the requirement that plaintiffs must demonstrate personal harm caused by the statute in question. Courts generally mandate that plaintiffs have standing, indicating that they are personally affected by the law.
When challenging a statute's constitutionality, it is essential to gather solid evidence and expert testimony to support your argument. This may include constitutional provisions, court precedents, and legal scholars' opinions. Identifying the correct defendant is also critical. Typically, the defendant should be the government entity or official responsible for enforcing the statute, such as a federal agency, state official, or the state's attorney general.
Rule 5.1 of the Federal Rules of Civil Procedure outlines specific requirements for constitutional challenges to a statute. It mandates that a party filing a pleading, written motion, or other paper questioning the constitutionality of a federal or state statute must promptly file and serve a notice of constitutional question on the appropriate attorney general. This notice supplements the court's duty to certify the challenge to the attorney general, ensuring they have an opportunity to intervene at the earliest possible point in the litigation. The rule also allows for a 60-day intervention period, during which the court may extend the deadline or reject the challenge. However, the court cannot enter a final judgment holding a statute unconstitutional before the attorney general has responded or the intervention period has expired.
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Frequently asked questions
The first edition of "Constitutional Law: Cases, Comments, and Questions" by William W. Van Alstyne was published on January 1, 1965.
There have been at least 13 editions of the book, with the 13th edition published in 2022, and the 14th edition published in 2024.
The authors of the book are Jesse Choper, Michael Dorf, Richard Fallon Jr., and Frederick Schauer.
The book offers students sustained engagement with Supreme Court opinions, with pivotal cases edited less substantially than in other books. It also exposes students to diverse perspectives in the Notes and Questions that follow most principal cases.
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