Constitutional Law & Theory

A Textbook for the Study of American Constitutional Law

Freely available to all students and scholars

This textbook offers an accessible approach to studying the classic and contemporary cases grounded in why citizens and judges disagree on constitutional conflicts. The discussion emphasizes the role of constitutional theory — whether we are persuaded by a living or an original reading of the Constitution — and competing perceptions of disputed social facts — including the range of personhood, the influence of racism, or the nature of sexual identity — to come to clear positions on old and new conflicts.

About the Textbook

Constitutional Law & Theory is co-authored by Morgan Marietta and Kody W. Cooper. It is designed for undergraduate and law school courses in constitutional law, political science, and American government.

The volume encourages civil discourse and open deliberation as students grapple with the enduring debates of American constitutional government. Cases are organized around the core constitutional conflicts — from free speech and religious liberty to equal protection and executive power — with attention to both the legal doctrine and the deeper theoretical disagreements that animate them.

The textbook is freely available online at constitutionallawandtheory.com, making it accessible to any student or instructor without cost.

Freely Available

The full textbook is available at no cost to students and instructors at constitutionallawandtheory.com.

Constitutional Theory

Cases are grounded in the theoretical disagreements — originalism vs. living constitutionalism — that shape judicial reasoning.

Civic Deliberation

Designed to encourage open, civil discourse on the enduring constitutional conflicts of American democracy.

Supplementary Resources

Constitutional Law Resources

The following resources support the study of constitutional law and theory, including syllabi, case materials, and links to primary sources.

Full Textbook

Access the complete Constitutional Law & Theory textbook online, freely available to all students and scholars.

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Supreme Court Opinions

The official repository of U.S. Supreme Court opinions, including current and historical decisions.

Visit Supreme Court

Oyez Project

A multimedia archive of Supreme Court oral arguments, decisions, and case summaries from IIT Chicago-Kent College of Law.

Visit Oyez

Constitution Annotated

The Library of Congress analysis of the U.S. Constitution, with annotations of Supreme Court cases interpreting each clause.

Visit Constitution Annotated

The Federalist Papers

The complete text of the Federalist Papers, essential primary sources for understanding the original constitutional design.

Read the Federalist Papers

SCOTUS Annual Series

Morgan Marietta's annual volumes on the Supreme Court's most significant decisions, published each term.

View SCOTUS Series →

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