Constitutional Law: 2022 Case Supplement 6th Edition by Erwin Chemerinsky, ISBN-13: 978-1543858198

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Constitutional Law: 2022 Case Supplement 6th Edition by Erwin Chemerinsky, ISBN-13: 978-1543858198

[PDF eBook eTextbook]

• Publisher: ‎ Aspen Publishing; 6th edition (July 31, 2022)
• Language: ‎ English
• 356 pages
• ISBN-10: ‎ 1543858198
• ISBN-13: ‎ 978-1543858198

The Sixth Edition of Constitutional Law was published in early 2020 and is current through the end of October Term 2018 and includes the decisions through June 2019. This Supplement focuses on the three terms since then: October Term 2019, October Term 2020, and October Term 2021.

There have been many major constitutional rulings in these three terms, and especially in the most recent term. Chapter 1 includes the Court’s decision from June 2022 which greatly expands the scope of the Second Amendment, New York Rifle and Pistol Association v. Bruen. The Chapter also includes a discussion of three important cases concerning the constitutional requirements for standing: Uzuegbunam v. Preczewski, California v. Texas, and Transunion v. Ramirez. It also includes the discussion of third-party standing from the abortion case, June Medical Services L.L.C. v. Russo.

Chapter 3, on executive power, includes the two major cases concerning subpoenas of financial institutions doing business with President Trump, Trump v. Vance and Trump v. Mazars USA. It includes an important case concerning the appointments power, United States v. Arthrex. It also includes a major case limiting Congress’s power to restrict presidential removal of agency heads, Seila Law LLC v. Consumer Financial Protection Bureau and a subsequent case applying it, Collins v. Yellen.

Chapter 5 includes Ramos v. Louisiana, where the Court held that the Sixth Amendment’s unanimous jury requirement applies to the states.

Chapter 6 includes a case on the Takings Clause, Cedar Point Nursery v. Hassim.

Chapter 8 presents Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade.

Chapter 9 presents new cases about freedom of speech: City of Austin v. Reagan National Advertising, on the distinction between content-based and content-neutral laws; Shurtleff v. City of Boston, regarding what is government speech; Mahanoy Area School Dist. v. B.L., concerning First Amendment protection for student speech over social media; and Americans for Prosperity v. Bonta, which invalidated a requirement for non-profits in California to disclose their donors.

Finally, Chapter 10, which focuses on religion, includes the many cases from the last three years concerning the Free Exercise Clause. In Fulton v. City of Philadelphia, the Court clarified and applied the test used for this constitutional provision. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court said that religious schools cannot be sued under employment discrimination laws for the choices it makes as to their teachers. There also are two rulings from the Court invalidating restrictions on religious gatherings, imposed to stop the spread of COVID-19. Also, Espinoza v. Montana Department of Revenue overruled a decision of the Montana Supreme Court, striking down a state law which would have provided tax credits to parents who sent their children to religious schools.

Similarly, in Carson v. Makin, the Court found it violated free exercise of religion for Maine to fund students attending secular private schools, but deny money for religious schools. Last, presented in the section on the Establishment Clause is Kennedy v. Bremerton School District, which found that it violated free speech and free exercise of religion to punish a high school football coach for prayers on the field after games.

Table of Contents:

Preface xi

Chapter 1. The Federal Judicial Power 1

B. Limits on the Federal Judicial Power 1

1. Interpretive Limits 1

New York State Rifle and Pistol Association v. Bruen 1

3. Justiciability Limits 30

b. Standing 30

i. Constitutional Standing Requirements 30

Uzuegbunam v. Preczewski 31

California v. Texas 36

Transunion v. Ramirez 43

ii. Prudential Standing Requirements 55

June Medical Services L.L.C. v. Russo 55

d. Mootness 60

New York State Rifle & Pistol Association, Inc.

v. City of New York 61

Chapter 3. The Federal Executive Power 67

A. Inherent Presidential Power 67

Trump v. Vance 67

Trump v. Mazars USA 83

B. The Constitutional Problems of the Administrative State 95

1. The Non-Delegation Doctrine and Its Demise 95

3. Checking Administrative Power 96

The Appointment Power 96

United States v. Arthrex 96

The Removal Power 107

Seila Law LLC v. Consumer Financial

Protection Bureau 107

Collins v. Yellen 127

G. The Electoral College 131

Chiafalo v. Washington 131

Chapter 5. The Structure of the Constitution’s Protection of

Civil Rights and Civil Liberties 141

B. The Application of the Bill of Rights to the States 141

3. The Incorporation of the Bill of Rights into the Due

Process Clause of the Fourteenth Amendment 141

The Content of Incorporated Rights 141

Ramos v. Louisiana 141

Chapter 6. Economic Liberties 145

D. The Takings Clause 145

2. Is There a Taking? 145

Possessory Takings 145

Cedar Point Nursery v. Hassid 145

Chapter 8. Fundamental Rights Under Due Process and Equal

Protection 157

D. Constitutional Protection for Reproductive Autonomy 157

3. The Right to Abortion 157

Dobbs v. Jackson Women’s Health Organization 157

Chapter 9. First Amendment: Freedom of Expression 207

B. Free Speech Methodology 207

1. The Distinction Between Content-Based and

Content-Neutral Laws 207

a. The Importance of the Distinction 207

City of Austin, Texas v. Reagan National

Advertising of Texas 207

c. Problems in Applying the Distinction Between

Content-Based and Content-Neutral Laws 218

iii. Government speech 218

Shurtleff v. City of Boston 218

4. What Is an Infringement of Freedom of Speech? 228

Unconstitutional Conditions 228

D. What Places are Available for Speech? 229

3. Speech in Authoritarian Environments 229

c. Schools 229

Mahanoy Area School District v. B.L 229

E. Freedom of Association 237

2. Laws Requiring Disclosure of Membership 237

Americans for Prosperity Foundation v. Bonta 237

Chapter 10. First Amendment: Religion 251

B. The Free Exercise Clause 251

3. The Current Test 251

Fulton v. City of Philadelphia 251

4. Supreme Court Decisions Since Employment Division v.

Smith 262

b. Interfering with Choices as to Clergy 262

Our Lady of Guadalupe School v. Morrissey-Berru 263

c. Denial of Funding to Religious Entities 273

Espinoza v. Montana Department of Revenue 273

Carson v. Makin 290

d. Exceptions for Religion to Closure Orders to Stop the

Spread of COVID-19 306

Roman Catholic Diocese of Brooklyn v. Cuomo 306

Tandon v. Newsom 313

C. The Establishment Clause 315

Kennedy v. Bremerton School District 316

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