Table of Contents

Introduction 1 Part I: Studying Constitutional Law: The Foundations 9 Chapter 1: Understanding the Constitution 11 Chapter 2: Constitutional Law: A View from 30,000 Feet 33 Chapter 3: Mapping Out Key Concepts and Distinctions in Constitutional Law 49 Part II: Allocating Governmental Roles 59 Chapter 4: ?Constituting? a New Federal Government 61 Chapter 5: Charting the Reach of National Government Powers 83 Chapter 6: Sorting Out National Powers: Inter-Branch Conflict and Cooperation 105 Chapter 7: The Constitution and Federalism 125 Part III: Protecting Property Rights and Avoiding Arbitrary Action141 Chapter 8: Avoiding Arbitrary Government Action: Due Process of Law 143 Chapter 9: Protecting Property: Land, Contracts, and Guns 161 Chapter 10: Preventing Government from Discriminating 177 Part IV: Rights to Self-Expression and Political Participation 199 Chapter 11: "Express Yourself!" Freedom of Speech 201 Chapter 12: The Constitution and Religion 225 Chapter 13: Getting Involved: Voting and Becoming or Supporting a Candidate 247 Part V: Understanding Privacy Rights 263 Chapter 14: Implied Privacy Rights ? Fundamental and Otherwise 265 Chapter 15: Preventing Unreasonable Searches and Seizures 289 Chapter 16: The Right against Self-Incrimination 311 Part VI: The Part of Tens 331 Chapter 17: Ten Landmark Court Decisions about Governmental Structure 333 Chapter 18: Ten (Plus Three) Top Individual-Rights Cases 341

About the Author

Glenn C. Smith is a professor of constitutional law at California Western School of Law in San Diego, CA, and creator of a nationally recognized seminar in which law students learn about the Supreme Court by role-playing as current justices and lawyers arguing before them. Patricia Fusco is a government attorney and a criminal prosecutor working in the California Attorney General's Office, Special Crimes Unit. As a trial attorney, she deals with issues of constitutional law on a daily basis.