This text uses original essays, cases, and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How should they go about their interpretive tasks? The new edition has been updated to include important new cases decided through June 2018, including Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and National Institute of Family and Life Advocates v. Becerra. To maintain brevity, the authors have removed a number of cases from the casebook and placed them on the accompanying website.

Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 06/17/2019
Related Subject(s): Constitutional Theory

Walter F. Murphy

James E. Fleming, Boston University School of Law

Sotirios A. Barber

Stephen Macedo


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National Institute of Family and Life Advocates v. Becerra: chapter 12

Burwell v. Hobby Lobby: chapter 17

Masterpiece Cakeshop: chapter 17

Reynolds v. United States: chapter 17

Trinity Lutheran Church v. Comer: chapter 17

Obergefell v. Hodges: chapter 18

Learn more about this series.