Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional
Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions,
and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an
institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.
This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court
justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication
itself. Each case study covers the legal and political background; including relevant out-of-court discussions,
to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed
in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row
seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better
equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable
perspective on the role of the Supreme Court in our constitutional democracy.
Each volume provides in-depth and updated examinations of key landmark decisions. Criminal Justice covers: Incorporation
and the Right to a Jury Trial: Duncan v. Louisiana, Police Confessions: Miranda v. Arizona, Plea Bargaining North
Carolina v. Alford, The Exclusionary Rule: United States v. Leon, and The Death Penalty: Gregg v. Georgia.
Table of Contents
1. Incorporation and the Right to a Jury Trial: Duncan v. Louisiana
Briefs
Duncan's Brief
Louisiana's Brief
The Opinion
Postscript
