American Constitutional Law: Constitutional Structures: Separated Powers and Federalism (Volume 1)

This paperback volume (subtitled "Constitutional Structures: Separated Powers and Federalism") includes chapters 1 through 9 of Fisher/Harriger, American Constitutional Law, Tenth Edition (hardback) plus the concluding chapter, "Efforts to Curb the Court."

Now in its tenth edition, American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. Along with analyses and excerpts of court decisions, the book highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receive a series of unilateral judicial commands. It covers new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. The book includes readings not only from cases but from congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. It also includes a chapter on equal protection that addresses immigration law and the rights of aliens.

As with all previous editions, activities in constitutional law are brought up to date not only for judicial decisions but also in nonjudicial developments: actions by Congress, the President, executive agencies, and the states. Specifically, this edition includes readings on: the 2012 legal memo from the Office of Legal Counsel (OLC) regarding President Obama's recess appointments; an OLC memo on Obama's military actions in Libya; and the congressional debate in 2012 concerning the disputed Supreme Court's case in Kelo v. City of New London involving the Taking Clause. As to the decision of the Obama administration not to defend the constitutionality of the Defense of Marriage Act (DOMA), the book looks at Attorney General Holder's letter to Congress. Lastly, with regard to campaign financing, the authors include a reading on Lawrence Lessig's testimony before Congress in 2012.

The tenth edition contains new court cases such as the Supreme Court's decision in 2012 on the Affordable Care Act, the immigration case of Arizona v. United States (2012), and the free speech case of Snyder v. Phelps (2011).

Louis Fisher is Scholar in Residence at the Constitution Project. Previously, he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 1996) and Specialist in Constitutional Law (Law Library, from 2006 to 2010).

Katy Harriger is a Professor Emerita in the Department of Political Science at Wake Forest University.