Description
Going beyond the standard interpretation of Supreme Court opinions, this practical text delves into the legal reasoning behind the written opinions - the modes of persuasion and justification used by Supreme Court justices - to give students a deeper understanding of how to read and interpret the decisions of our highest court.
An indispensable supplement to any constitutional law casebook, the sixth edition has been thoroughly updated, incorporating new material throughout the book on recent opinions issued by the Supreme Court. It also includes a new Chapter 9, which discusses in greater depth the briefing of a case - Seattle School District No. 1 - and its analysis.
Table of Contents
Introduction
About the Author
Part 1
Chapter 1 The Supreme Court: Policy Maker and Teacher
Constitutional Conflicts
An Overview of the Constitution
Getting the Supreme Court to Play Its Role
Basic Features of a Supreme Court Opinion
Practice Pointers
Chapter 2 The Constitution in a Nutshell
The Court as Supervisor of the Boundaries of Executive, Legislative, and Judicial Authority (The First Feature)
The Court as Umpire of Federal-State Relations (The Second Feature)
The Court as Supervisor of Government’s Relationship to the Individual (The Third Feature)
The Court as Enforcer of Government Evenhandedness: Equal Protection (The Fourth Feature)
The Court as Supervisor of Government’s Relationship with Religion (The Fifth Feature)
Constitutionality of Federal and State Law: An Addendum
Practice Pointers
Chapter 3 Opinion Writing in the Supreme Court
Writing a Supreme Court Opinion: The General Problem
Constraints and Expectations
Conclusion
Practice Pointers
Part 2
Chapter 4 The Legal Materials Used in Building a Constitutional Opinion
Constitutional Interpretation (Or Not)?
Liberalism and Conservatism
Judicial Activism and Deference
The Opinions of Chief Justice Marshall: An Addendum
Practice Pointers
Chapter 5 Tests or Standards of Review
Tests in General
Selected Examples of Tests
Tests and the Illusion of Certainty
Practice Pointers
Chapter 6 Precedent
A Terminological Interlude
The English Doctrine of Precedent
The Theory of the Doctrine of Precedent
The Doctrine of Precedent (Stare Decisis) in the Supreme Court
Expanding and Narrowing Precedent
The Effects of Narrow and Broad Readings of Precedent: An Addendum
Practice Pointers
Chapter 7 Strategies of Justification
The Syllogism and Deductive Reasoning
Deduction and The Analogy
Deduction and Balancing
Judicial Disagreements
Conclusion
A Closer Look at Deduction (Optional): An Addendum
Practice Pointers
Part 3
Chapter 8 Understanding a Supreme Court Opinion
The Facts
The Majority Opinion
Concurring and Dissenting Opinions
The Dynamics of Opinion Writing
Briefing Griswold
Table of Cases
Index
Purchase Info 
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Understanding Supreme Court Opinions, CourseSmart eTextbook, 6th Edition
Format: Electronic Book
$25.99 | ISBN-13: 978-0-205-65134-4
