This new edition includes full coverage of the Supreme Court's term that ended in June 2015. It features extensive coverage of a number of Supreme Court cases that have generated national attention, including:
Obergefell v. Hodges, where the Court legalized same-sex marriage, by holding that state bans on such marriages violate both the Equal Protection and the substantive Due Process Clauses;
Reed v. Town of Gilbert, where the Court held that a municipal ordinance treating some sorts of signs (e.g., political campaign signs) more favorably than others (e.g., temporary directional signs to one-time events) constituted content-based regulation that violated citizens' First Amendment freedom of expression;
Zivotofsky v. Kerry, where the Court struck down a federal statute in which Congress tried to require the U.S. State Department to list certain passport holders' birthplace as “Jerusalem, Israel” (because Congress wanted to indicate that it regarded Jerusalem as being part of Israel); the Court found that the law violated the President's exclusive constitutional power to choose which foreign governments to recognize;
Walker v. Texas Div., Sons of Confederate Veterans, where the Court held that under Texas' program of specialty license plates, the state's DMV did not violate the First Amendment when it rejected as offensive a group's request for a Confederate Flag license plate while accepting dozens of other privately-proposed specialty-plate designs.
Here are some of this book's special features:
“Casebook Correlation Chart” --- This chart, located just after this Preface, correlates each section of the main Outline with the pages covering the same topic in the five leading Constitutional Law casebooks.
“Capsule Summary” --- This is a 114-page summary of the key concepts of Constitutional Law, specially designed for use in the last week or so before your final exam.
“Quiz Yourself” --- Either at the end of the chapter, or after major sections of a chapter, I give you short-answer questions so that you can exercise your analytical muscles. There are over 100 of these questions, each written by me.
“Exam Tips” --- These alert you to what issues repeatedly pop up on real-life Constitutional Law exams, and what factual patterns are commonly used to test those issues. I created these Tips by looking at literally hundreds of multiple-choice and essay questions asked by law professors and bar examiners. You'd be surprised at how predictable the issues and fact-patterns chosen by professors really are!
I intend for you to use this book both throughout the semester and for exam preparation. Here are some suggestions about how to use it:1 1. The book seems (and is) big. But don't panic. The actual text includes over 60 pages of Quiz Yourself short-answer questions, plus lots of Exam Tips. Anyway, you don't have to read everything in the book --- there are lots of special features that you may or may not decide to take advantage of. 2. During the semester, use the book in preparing each night for the next day's class. To do this, first read your casebook. Then, use the Casebook Correlation Chart to get an idea of what part of the outline to read. Reading the outline will give you a sense of how the particular cases you've just read in your casebook fit into the overall structure of the subject. You may want to use a yellow highlighter to mark key portions of the Emanuel®. 3. If you make your own outline for the course, use the Emanuel® to give you a structure, and to supply black letter principles. You may want to rely especially on the Capsule Summary for this purpose. You are hereby authorized to copy small portions of the Emanuel® into your own outline, provided that your outline will be used only by you or your study group, and provided that you are the owner of the Emanuel ®. 4. When you first start studying for exams, read the Capsule Summary to get an overview. This will probably take you about one day. 5. Either during exam study or earlier in the semester, do some or all of the Quiz Yourself short answer questions. You can find these quickly by looking for Quiz Yourself entries in the Table of Contents. When you do these questions: (1) record your short “answer” on the small blank line provided after the question, but also: (2) try to write out a “mini essay” on a separate piece of paper. Remember that the only way to get good at writing essays is to write essays. 6. Three or four days before the exam, review the Exam Tips that appear at the end of each chapter.You may want to combine this step with step 5, so that you use the Tips to help you spot the issues in the short-answer questions. You'll also probably want to follow up from many of the Tips to the main Outline's discussion of the topic. 7. The night before the exam: (1) do some Quiz Yourself questions, just to get your thinking and writing juices flowing, and (2) re-scan the Exam Tips (spending about 2-3 hours). My deepest thanks go to my colleagues at Wolters Kluwer, Barbara Lasoff and Barbara Roth, who have helped greatly to assure the reliability and readability of this and my other books. Good luck in your ConLaw course. If you'd like any other Wolters Kluwer publication, you can find it at your bookstore or at www.WKlegaledu.com. If you'd like to contact me, you can email me at [email protected] Steve Emanuel
October 15, 2015
11[ft]The suggestions that begin on the previous page relate only to this book. I don't talk about taking or reviewing class notes, using hornbooks or other study aids, joining a study group, or anything else. This doesn't mean I don't think these other steps are important --- it's just that in this Preface I've chosen to focus on how I think you can use this outline.[eft]