Constitutional Law in a Nutshell

The 10th edition of "Constitutional Law in a Nutshell" summarizes constitutional law from Marbury v. Madison (1803) to the present, featuring thirty new cases. Highlights include Rucho v. Common Cause, Department of Commerce v. New York, Timbs v. Indiana, Janus v. American Federation of State, County and Municipal Employees, Matal v. Tam, Trump v. Hawaii, American Legion v. American Humanist Association, and the Bladensburg Peace Cross. The goal is to present the essence of the Court's decisions in a concise, readable, and understandable way.

Format: Paperback / softback
Length: 854 pages
Publication date: 01 November 2021
Publisher: West Academic Publishing

This 10th edition of Constitutional Law in a Nutshell provides a comprehensive summary of constitutional law, spanning from Marbury v. Madison (1803) to the present. The primary objective has been to discuss the Supreme Court's cases in sufficient detail to be helpful without excessive verbosity.

In this edition, we feature thirty new cases, highlighting key developments in the field. Some notable highlights include:

Rucho v. Common Cause (2-10): In this case, the Court held 5-4, with Chief Justice Roberts in the majority, that partisan gerrymandering is a non-justiciable issue beyond the competence of the federal judiciary. This ruling has significant implications for the political landscape and the power of the courts to address political issues.

Department of Commerce v. New York (2019): Although the Court ruled that the Enumeration Clause of the Constitution grants authority to Congress and by extension to the Secretary of Commerce to include a question about citizenship on the 2020 Census questionnaire, the Court could not approve it due to the contrived rationale presented and the pretext upon which it was based. This case underscores the Court's careful consideration of constitutional issues and its reluctance to intervene in political matters.

Timbs v. Indiana (2019): In this case, the Court demonstrated the vitality of the incorporation doctrine by holding that the Excessive Fines Clause of the Eighth Amendment is an incorporated protection applicable to the States under the Due Process Clause of the Fourteenth Amendment. This ruling has significant implications for criminal justice and the protection of individual rights.

The free expression area continues to be fertile ground for generating Supreme Court case law. Examples include:

Janus v. American Federation of State, County and Municipal Employees (2018): In this case, the Supreme Court, per Justice Alito, 5-4, reversed the 40-year-old Abood v. Detroit Board of Education (1977) precedent. The ruling requires non-union members of a public sector union to pay for the collective bargaining of the union, which is seen as a violation of the First Amendment. This decision has significant implications for labor rights and the balance between union and individual rights.

Matal v. Tam (2017): The Court unanimously held that a Lanham Act provision prohibiting the registration of trademarks that are "disparaging" or "merely descriptive" is unconstitutional. This ruling expands the protection of free speech and the ability to use trademarks in a way that may be offensive or descriptive.

These cases and many others highlight the ongoing importance of constitutional law and the role of the Supreme Court in shaping the legal landscape of the United States. The book provides a valuable resource for students, scholars, and legal professionals seeking to understand the fundamental principles of constitutional law and its application in contemporary society.

Weight: 678g
Dimension: 125 x 187 x 34 (mm)
ISBN-13: 9781684673285
Edition number: 10 Revised edition