Constitutional Rights – Cases In Context (4th Edition)
More than 200 cases in the constitutional canon, including foundational and modern decisions on structure and rights. This “split” includes access to half of the video library.
James Madison Delivers on the Promise of Amendments
Madison’s Speech to the House Introducing Amendments
The Original Meaning of the Phrase “Rights . . . Retained by the People” in the Ninth Amendment
C. The Scope of Congressional Power: The Debate over the First National Bank
James Madison, Speech in Congress Opposing the National Bank
Opinion of Attorney General Edmund Randolph
Opinion of Secretary of State Thomas Jefferson
Opinion of Secretary of the Treasury Alexander Hamilton
D. Fundamental Principles v. Expressed Constraints
Calder v. Bull
E. Did the “Bill of Rights” Apply to the States?
Barron v. City of Baltimore
Chapter 2: Slavery and the Constitution
A. The Development of Slavery in America from 1619 to 1787
B. The Constitution’s Three Primary Concessions to Slavery
The First Compromise over Slavery: The Three- Fifths Clause
The Second Concession to Slavery: The Slave Trade Clause
The Third Concession to Slavery: The Fugitive Slave Clause
Antislavery Delegates Held the Line and Rejected the Concept of “Property in Man”
Why Compromise with Slaveholders?
The Growth of Slavery and Proslavery Ideology After Ratification
C. The Fugitive Slave Act of 1793
Salmon P. Chase Argued That the Fugitive Slave Act Was Unconstitutional
Speech of Salmon P. Chase, in the Case of the Colored Woman, Matilda, Who Was Brought Before the Court of Common Pleas of Hamilton County, Ohio, by Writ of Habeas Corpus
The Taney Court Upheld the Constitutionality of the Fugitive Slave Act
Prigg v. Pennsylvania
Constitutional Abolitionism: Rejecting the Framers’ Intent
The Constitutional Abolitionists Response to Prigg
Lysander Spooner, A Defense for Fugitive Slaves Against the Acts of Congress of February 12, 1793
Chapter 3: Slavery, Citizenship, and the Due Process of Law
A. Slavery and the Due Process of Law
B. Dred Scott v. Sandford
Dred Scott v. Sandford
C. Constitutional Abolitionism and the Dred Scott Decision
Frederick Douglass, Speech Delivered, in Part, at the Anniversary of the American Abolition Society, Held in New York
Frederick Douglass, The Constitution of the United States: Is It Pro- Slavery or Anti- Slavery?, Speech Delivered in Glasgow, Scotland
D. The Aftermath of Dred Scott v. Sandford
Chapter 4: The Reconstruction Amendments
A. The Adoption of the Reconstruction Amendments
The Thirteenth Amendment and the Civil Rights Act of 1866
The Fourteenth Amendment
The Fifteenth Amendment
B. What Did the “Privileges or Immunities of Citizens of the United States” Protect?
The History of the Privileges or Immunities Clause
The Supreme Court Deletes the Privileges or Immunities Clause from the Constitution
The Slaughter- House Cases
Bradwell v. State of Illinois
Did the Privileges or Immunities Clause Protect Enumerated Rights from State Abridgement?
United States v. Cruikshank
McDonald v. City of Chicago
Did the Privileges or Immunities Clause Protect Unenumerated Rights from State Infringement?
C. The Enforcement Powers of the Thirteenth and Fourteenth Amendments
Congress’s Enforcement Powers and the Civil Rights Act of 1875
Strauder v. West Virginia
The Civil Rights Cases
The Supreme Court’s Modern Approach to Congress’s Enforcement Powers
Katzenbach v. Morgan
United States v. Morrison
D. Defining the Due Process and Equal Protection Clauses of the Fourteenth Amendment
What Is the Original Meaning of the “Due Process of Law” and the “Equal Protection of the Law”?
The Due Process and Equal Protection Clauses Can Both Bar Racial Discrimination
Yick Wo v. Hopkins
The “Separate but Equal” Doctrine
Plessy v. Ferguson
Chapter 5: Expanding the Scope of the Due Process Clause
A. The Due Process Clause During the Progressive Era
Two Ways to Approach the Due Process Clause
Extending Fundamental Rights to the States Through the Due Process Clause
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago
“Economic” Liberty in the Progressive Era
Lochner v. People of the State of New York
Muller v. State of Oregon
Buchanan v. Warley
Adkins v. Children’s Hospital of the District of Columbia
“Personal” Liberty in the Progressive Era
Meyer v. State of Nebraska
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
Buck v. Bell
B. From the Presumption of Liberty to the Presumption of Constitutionality
“Economic” Liberty Before the New Deal
O’Gorman & Young, Inc. v. Hartford Fire Insurance Co.
Nebbia v. People of State of New York
“Economic” Liberty Before and After 1937
West Coast Hotel Co. v. Parrish
C. Qualifying the Presumption of Constitutionality
United States v. Carolene Products Co.
A Footnote to Footnote Four
Footnote Four and “Representation Reinforcement”
John Hart Ely, Democracy and Distrust: A Theory of Judicial Review
D. The Irrebuttable Presumption of Constitutionality After the New Deal
The Federal District Court in Lee Optical Applies the Rebuttable Presumption of Constitutionality
Lee Optical of Oklahoma v. Williamson
The Warren Court Makes the Presumption of Constitutionality Virtually Impossible to Rebut
Williamson v. Lee Optical of Oklahoma
A Brief History of the Supreme Court’s Approaches to the Due Process Clause
The Filled Milk Act Is Finally Declared Unconstitutional
Milnot Company v. Richardson
E. What About the Ninth Amendment?
James Madison and the Ninth Amendment
The Supreme Court Dismisses the Ninth Amendment
United Public Workers v. Mitchell
The Ninth Amendment, Ghosts, and Ink Blots
Chapter 6: Equal Protection of the Law: Discrimination on the Basis of Race
A. Rejecting “Separate but Equal”
Racial Discrimination by State Governments
Brown v. Board of Education of Topeka
Racial Discrimination by the Federal Government
Bolling v. Sharpe
Brown v. Board of Education of Topeka (Brown II)
The Massive Resistance to Brown
Cooper v. Aaron
Can Brown Be Reconciled with Original Meaning?
Michael W. McConnell, Originalism and the Desegregation Decisions
Michael J. Klarman, Brown, Originalism, and Constitutional Theory: A Response to Professor McConnell
Michael W. McConnell, The Originalist Justification for Brown: A Reply to Professor Klarman
Racial Classifications That Apply Equally to All Races
Loving v. Virginia
The Three Tiers of Scrutiny Under the Equal Protection Clause
Is There Discriminatory Intent or a Discriminatory Impact?
Washington v. Davis
B. Affirmative Action
Admission to School
Regents of the University of California v. Bakke
An Act to Establish a Bureau for the Relief of Freedmen and Refugees
Grutter v. Bollinger
Gratz v. Bollinger
Fisher v. University of Texas at Austin (Fisher II)
Employment
Adarand Constructors v. Peña
Chapter 7: Equal Protection of the Law: Sex Discrimination and Other Types
A. Sex Discrimination and Intermediate Scrutiny
Frontiero v. Richardson
Craig v. Boren
United States v. Virginia
B. Other Types of Discrimination and “Heightened” Rational Basis Scrutiny
Cleburne v. Cleburne Living Center, Inc.
Romer v. Evans
Chapter 8: Modern Substantive Due Process
A. Protecting the Unenumerated Right of Privacy
Griswold v. Connecticut
Roe v. Wade
B. Two Approaches to Protect Liberty Under the Due Process Clauses
The “Fundamental Rights” Doctrine
Bowers v. Hardwick
Washington v. Glucksberg
Troxel v. Granville
Protecting “Liberty” and “Dignity”
Planned Parenthood of Southeastern Pennsylvania v. Casey
Washington v. Glucksberg
Gonzales v. Carhart
Whole Woman’s Health v. Hellerstedt
Lawrence v. Texas
From the Defense of Marriage Act to Same- Sex Marriage: United States v. Windsor
Obergefell v. Hodges
Chapter 9: Freedoms of Speech and Press
A. The Origin of the Free Speech Doctrine
Sedition and the Original Meaning of the First Amendment
The Virginia Resolution
The Kentucky Resolution
The Bad Tendency Test
Schenck v. United States
Debs v. United States
Abrams v. United States
Gitlow v. People of State of New York
Stromberg v. California
Unprotected Speech
Chaplinsky v. New Hampshire
The Imminent Lawless Action Test
Brandenburg v. Ohio
B. What Constitutes “Speech”?
When Is Conduct Speech?
United States v. O’Brien
Texas v. Johnson
R.A.V. v. City of St. Paul
Does Money Equal Speech?
Buckley v. Valeo
McConnell v. Federal Election Commission
Citizens United v. Federal Election Commission
C. What Constitutes “Abridging” the Freedom of Speech?
How Can the Government Regulate the Time, Place, and Manner of Speech?
Ward v. Rock Against Racism
Does the First Amendment Ever Protect Speech That Is Tortious?
New York Times Co. v. Sullivan
Gertz v. Robert Welch, Inc.
Snyder v. Phelps
Is the Press Exempt from General Laws?
Branzburg v. Hayes
Cohen v. Cowles Media Co.
May the Government Mandate Access to the Press?
Red Lion Broadcasting Co. v. Federal Communications Commission
Miami Herald v. Tornillo
D. Is Some Speech Less Worthy of Protection?
“Obscene” and Sexually Explicit Speech
Stanley v. Georgia
Miller v. California
Ashcroft v. Free Speech Coalition
Other Forms of “Offensive” Speech
United States v. Stevens
Brown v. Entertainment Merchants Association
Commercial Speech
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
Central Hudson Gas & Electric Corp. v. Public Service Commission
Lorillard Tobacco v. Reilly
National Institute of Family and Life Advocates v. Becerra
Chapter 10: Freedom of Association
A. Compulsory Disclosure of Membership
NAACP v. Alabama
Buckley v. Valeo
McConnell v. Federal Election Commission
Americans for Prosperity Foundation v. Bonta
B. Compulsory Expression
Abood v. Detroit Board of Education
Janus v. American Federation of State, County, and Municipal Employees, Council 31
C. Compulsory Association
Roberts v. United States Jaycees
Boy Scouts of America v. Dale
Chapter 11: The Free Exercise of Religion
A. Belief vs. Conduct
Reynolds v. United States
B. Generally Applicable Laws That Burden the Free Exercise of Religion
Sherbert v. Verner
Employment Division, Department of Human Resources of Oregon v. Smith
Church of the Lukumi Babalu Aye v. City of Hialeah
Trinity Lutheran Church v. Comer
Espinoza v. Montana Department of Revenue
C. Congress Responds to Employment Division v. Smith
Chapter 12: No Law Respecting an Establishment of Religion
A. The Establishment Clause on the Burger Court
Lemon v. Kurtzman
Marsh v. Chambers
James Madison, The Detached Memorandum
B. The Establishment Clause on the Rehnquist Court
Lee v. Weisman
McCreary County, Kentucky v. ACLU of Kentucky
Van Orden v. Perry
C. The Establishment Clause on the Roberts Court
Town of Greece v. Galloway
The American Legion v. American Humanist Association
Chapter 13: The Right to Keep and Bear Arms
A. Does the Second Amendment Protect an Individual Right?
District of Columbia v. Heller
B. Does the Right to Keep and Bear Arms Apply to States?
McDonald v. City of Chicago
C. The Right to Keep and Bear Arms in the Lower Courts
Ezell v. City of Chicago
Kanter v. Barr
D. The Right to Keep and Bear Arms in the Supreme Court
New York State Rifle & Pistol Association, Inc. v. City of New York, New York
Rogers v. Grewal
Chapter 14: The Rights of the Accused
A. The Rights of the Accused on the Warren Court
Mapp v. Ohio
Gideon v. Wainwright
Miranda v. Arizona
Katz v. United States
Terry v. Ohio
B. The Rights of the Accused on the Burger Court
United States v. Leon
C. The Rights of the Accused on the Rehnquist Court
United States v. Dickerson
Dickerson v. United States
Kyllo v. United States
Crawford v. Washington
D. The Rights of the Accused on the Roberts Court
United States v. Jones
Carpenter v. United States
William Baude & James Y. Stern, The Positive Law Model of the Fourth Amendment
Chapter 15: Taking Private Property for Public Use