The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

PLEASE NOTE: THE LOOSELEAF VERSION IS AVAILABLE, AS IS THE EBOOK. A THIRD EDITION WILL BE OUT FOR FALL 2021. To view or download the 2020 Supplement to this book, click here. Constitutional Law: A Context and Practice Casebook, Second Edition, offers comprehensive coverage without backbreaking bulk, and allows you to teach constitutional law your own way, without having to fight the book. Using its unique electronic "Expansion Pack" system of supplemental modules, you can customize your course while still following the book's structure. That structure is streamlined into five parts of two chapters each, which cover all the essential doctrines of Constitutional Law. The book can be used for any general Con Law course, whether offered in the first semester or later, and whether it covers governmental structure, individual rights, or both. Its comprehensive Teacher's Manual provides succinct but thorough answers for all discussion questions and offers useful guidance for new adopters and first-time Constitutional Law teachers. Referenced in the Teacher's Manual is the wealth of resources found in the Expansion Packs. These supplementary additions correspond to the chapter sections and have optional additional cases, review questions, etc. The Dropbox also has an introductory document; a copy of the 385-page casebook TM; a TM for each expansion pack; "short cuts," which are also keyed to chapter sections and summarize material a professor may not be able to cover in depth; a folder of recommended case studies; and a folder with primary documents such as the Articles of Confederation. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.

This supplement brings the main casebook up to date with recent changes in the law.

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into "assignments" and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Now there is an appealing new constitutional law casebook, designed to be a 'teacher's book' by stimulating thought, inviting classroom discussion, and helping professors teach more effectively. CONSTITUTIONAL LAW: Cases, Materials, and Problems supplies a comprehensive, problem-based examination of this vital area of study. The authors make their book effective and flexible by: including the principal constitutional law cases, edited as lightly as possible to allow the Supreme Court to speak for itself using short notes combined with problems to expand on the text achieving a teachable length of less than 1300 pages building on the proven approach taken by coauthor Russell Weaver in his successful casebooks for other courses providing insights into the problems and cases in the accompanying Teacher's Manual Skillful use of the thought-provoking problem approach: helps students delve deeper into constitutional doctrine serves as an accessible and interesting way to learn constitutional issues enlivens class discussion and debate When you review the many casebooks available for constitutional law, be sure to give careful consideration to this brand-new offering from an expert team of authors who Understand The needs and preferences of instructors.

The fifth edition of the casebook, which is suitable either for a one- or two-semester course, strives to make constitutional law easily teachable and readily accessible for students. The authors have selected the cases very carefully and provided extensive excerpts of the opinions so that students get a good sense of the Court's reasoning. Text boxes call the students' attention to important aspects of each opinion, and the book is filled with introductions, points for discussion, hypotheticals, and executive summaries. The authors present a diversity of views on every subject, and, reflecting some of their own disagreements, the authors have written point-counterpoint discussions on many disputed questions.