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.
Open TextbookSupreme Court Opinions
The official repository of U.S. Supreme Court opinions, including current and historical decisions.
Visit Supreme CourtOyez Project
A multimedia archive of Supreme Court oral arguments, decisions, and case summaries from IIT Chicago-Kent College of Law.
Visit OyezConstitution Annotated
The Library of Congress analysis of the U.S. Constitution, with annotations of Supreme Court cases interpreting each clause.
Visit Constitution AnnotatedThe Federalist Papers
The complete text of the Federalist Papers, essential primary sources for understanding the original constitutional design.
Read the Federalist PapersSCOTUS Annual Series
Morgan Marietta's annual volumes on the Supreme Court's most significant decisions, published each term.
View SCOTUS Series →Access the full textbook — free for all students and scholars
constitutionallawandtheory.com