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This 10th edition of Constitutional Law in a Nutshell summarizes constitutional law from Marbury v. Madison (1803), to the present. The goal has been to discuss the Supreme Court's cases in enough detail to be helpful but not to be verbose in doing so. In this edition we feature thirty new cases. Some of the highlights include Rucho v. Common Cause (2-10) where the Court held 5-4, per Chief Justice Roberts, that partisan gerrymandering is a non-justiciable issue beyond the competence of the federal judiciary. In Department of Commerce v. New York (2019), although the Court ruled that the Enumeration Clause of the Constitution grants authority to Congress and "by extension" to the Secretary of Commerce to include a question about citizenship on the 2020 Census questionnaire, the Court could not approve it because the rationale presented to the Court was contrived and was based on a pretext. In Timbs v. Indiana (2019), the Court demonstrated that there still is vitality in the incorporation doctrine and held that the Excessive Fines Clause of the Eighth Amendment is an "incorporated" protection applicable to the States under the Due Process Clause of the Fourteenth Amendment. As ever, the free expression area is once again fertile ground for generating Supreme Court case law. In Janus v. American Federation of State, County and Municipal Employees (2018), the Supreme Court, per Justice Alito, 5-4, reversed the 40 year old Abood v. Detroit Board of Education (1977) precedent and held that its ruling requiring non-union members of a public sector union to pay for the collective bargaining of the union is a violation of the First Amendment. In Matal v.Tam (2017), the Court unanimously held that a Lanham Act provision prohibiting the registration of trademarks that "disparage--or bring--into contempt or disrepute" any persons living or dead is a violation of the First Amendment. In the area of freedom of religion, the Court in Trump v. Hawaii (2018), held, 5-4, per Chief Justice Roberts, that a Proclamation prohibiting or limiting the entry into the United States of nationals from seven countries with Muslim majorities did not violate the Establishment Clause. The Proclamation could reasonably be justified on grounds of national security rather than religious hostility. In American Legion v. American Humanist Association (2019), the Court held, 7-2, per Justice Alito, that the Bladensburg Peace Cross, erected in 1925 on public land in Maryland as a memorial to veterans of World War I did not constitute a violation of the Establishment Clause. Government action which removes monuments that have religious symbolism and that have long been on public land could be seen as "aggressively hostile to religion." Finally, in this edition, as in previous ones, the goal has been to present the essence of the Court's decisions in a concise, readable and understandable way.
This product provides a short and readable source for individuals interested in First Amendment law and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in connection with matters as varied as regulations affecting union dues, the speech of high school students, and what flags can fly on city hall flagpoles; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Sixth Edition brings the book up to date with modern First Amendment jurisprudence, including the Internet and the problem of hate speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions.
Barron, Dienes, and Jefferson's Black Letter Outline on Constitutional Law, 10th helps law students succeed in class and on exams. This Black Letter Outline provides an accessible framework for recognizing and understanding the essential principles and issues covered in Constitutional Law courses. The book is a comprehensive study aid for use both when preparing for classes and when reviewing for exams. The authors, experts in the subject matter, provide students a much-needed guide for navigating their own learning.
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