Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume provides in-depth and updated examinations of key landmark decisions. Civil Rights & Liberties covers: Racial Discrimination: Brown v. Board of Education, Affirmative Action: Regents of University of Calif. v. Bakke, and Grutter v. Bollinger, Abortion: Roe v. Wade, and Planned Parenthood v. Casey, Hate Speech and Cross Burning: R. A. V. v. City of St. Paul, and Virginia v. Black, Peyote Use and Religious Freedom: Employment Div., Dept. of Human Resources of Oregon v. Smith; and new to the second edition, Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission.
Chapter 1 Preface Chapter 2 1 Racial Discrimination: Brown v. Board of Education Chapter 3 Briefs 4 Legal Defense Fund's Brief (1952) 5 Brief for the State of Kansas (1952) Chapter 6 Oral Argument (1952) 7 Briefs 8 Legal Defense Fund's Brief (1953) 9 Brief for the State of Kansas (1953) 10 Oral Argument (1953) 11 The Opinion 12 Postscript Chapter 13 2 Affirmative Action: Regents of University of Calif. v. Bakke and Grutter v. Bollinger 14 I. Bakke and Its Background 15 Briefs 16 University of California Brief 17 Allan Bakke's Brief 18 Polish American Congress Amicus Brief 19 NAACP Legal Defense & Educational Fund Amicus Brief 20 Mexican American Legal Defense & Education Fund Amicus Brief 21 Anti-Defamation League of B'nai B'rith Amicus Brief Chapter 22 Oral Argument 23 The Opinion 24 II. Developments After Bakke Chapter 25 Briefs 26 Grutter's Brief 27 University of Michigan's Brief 28 United States' Brief 29 Brief of Lt. Gen. Julius W. Becton, et al. 30 Oral Argument 31 Opinions Chapter 32 3 Abortion: Roe v. Wade and Planned Parenthood v. Casey 33 I. Roe and Its Background 34 Briefs 35 Roe's Brief (1971) 36 Texas's Brief (1971) 37 Oral Argument (1971) 38 Oral Reargument (1972) 39 The Opinion (1973) 40 II. Developments after Roe 41 Briefs 42 Planned Parenthood's Brief 43 Pennsylvania's Brief 44 Oral Argument 45 The Opinion 46 Postscript Chapter 47 4 Hate Speech and Cross Burning: R. A. V. v. City of St. Paul and Virginia v. Black 48 I. Background to R. A. V. 49 Briefs 50 R. A. V.'s Brief 51 St. Paul's Brief 52 Oral Argument 53 The Opinion 54 II. Post-R. A. V. Developments 55 Briefs 56 Virginia's Brief 57 Respondent's Brief 58 Virginia's Reply Brief 59 Oral Argument 60 Opinions Chapter 61 5 Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission 62 Briefs 63 Senator McConnell's Brief 64 Brief for the Federal Election Commission 65 Oral Argument 66 The Opinion Chapter 67 6 Peyote Use and Religious Freedom: Employment Div., Dept. of Human Resources of Oregon v. Smith 68 Briefs 69 Oregon's Brief 70 Smith's Brief 71 Oral Argument 72 The Opinion 73 Postscript