Processes of Constitutional Decisionmaking: Cases and Materials

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Processes of Constitutional Decisionmaking is the premier textbook in the field for a historical approach to Constitutional Law that helps students understand the origins of current constitutional controversies. 

In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of race, sex, sexual orientation, civil rights, separation of powers, and federalism.

New to the Eighth Edition:

• Expanded treatment of executive privilege and Congress’s power to investigate (Trump v. Vance and Trump v. Mazars)
• Expanded coverage of executive power (Seila Law LLC v. CFPB, United States v. Arthrex, and Collins v. Yellen)
• Expanded coverage of the Trump impeachment and the Emoluments Clauses (in the online materials)
• Additional coverage of voting rights (Brnovich v. Democratic National Committee)
• Discussion of current controversies over the revival of the Equal Rights Amendment (ERA)
• Expanded coverage of abortion rights (June Medical Services L.L.C. et al. v. Russo), LGBTQ rights (Bostock v. Clayton County, Georgia), and the relationship between LGBTQ rights and religious liberty (Masterpiece Cakeshop v. Colorado Civil Rights Commission, Fulton v. City of Philadelphia)
• A new online section of the casebook contains materials on
  • 5: Modern Contract Clause Doctrine and Takings Clause Doctrine
  • 6: Presidential Impeachment and The Emoluments Clauses
  • 7: Trump v. Hawaii
  • 10: The Procedural Due Process Protection of Entitlements and Other Nontraditional Property and Liberty Interests
  • 10: Burdens on Interstate Mobility (including Shapiro v. Thompson and Saenz v. Roe)
  • 10: Conditioning Spending in the Welfare State—The Problem of Unconstitutional Conditions 

Professors and students will benefit from:

• Traces the historical, political, and social development of constitutional law, and considers constitutional questions in their political, social, and historical contexts
• Focuses on the role of political and social movements in constitutional change
• Presents cutting-edge contributions from important contemporary legal scholars
• Discusses seminal cases from the annals of history that show the relevance of historical materials to modern constitutional analysis
• Provides full treatment of important issues of civil rights, federalism, and separation of powers, placing each in its historical context
• Draws on the combined expertise of an outstanding author team
• Contains particularly strong chapters on the constitutional treatment of race, sex, and sexual orientation