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| Preface | |
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| Introduction | |
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| About the Author | |
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| The Supreme Court: Policy Maker and Teacher | |
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| Constitutional Conflicts | |
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| An Overview of the Constitution | |
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| Getting the Supreme Court to Play Its Role | |
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| Basic Features of a Supreme Court Opinion | |
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| Practice Pointers | |
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| The Constitution in a Nutshell | |
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| The Court as Supervisor of the Boundaries of Executive, Legislative, and Judicial Authority (The First Feature) | |
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| The Court as Umpire of Federal-State Relations (The Second Feature) | |
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| The Court as Supervisor of Government's Relationship to the Individual (The Third Feature) | |
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| The Court as Enforcer of Government Evenhandedness: Equal Protection (The Fourth Feature) | |
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| The Court as Supervisor of Government's Relationship with Religion (The Fifth Feature) | |
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| Constitutionality of Federal and State Law: An Addendum | |
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| Practice Pointers | |
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| Opinion Writing in the Supreme Court | |
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| Writing a Supreme Court Opinion: The General Problem | |
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| Constraints and Expectations | |
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| Conclusion | |
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| Practice Pointers | |
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| The Legal Materials Used in Building a Constitutional Opinion | |
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| Constitutional Interpretation (or Not)? | |
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| Originalism | |
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| Nonoriginalism | |
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| Liberalism and Conservatism | |
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| Judicial Activism and Deference | |
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| Practice Pointers | |
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| Tests or Standards of Review | |
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| Tests in General | |
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| Selected Examples of Tests | |
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| Tests and the Illusion of Certainty | |
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| Practice Pointers | |
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| Precedent | |
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| A Terminological Interlude | |
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| The English Doctrine of Precedent | |
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| The Theory of the Doctrine of Precedent | |
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| The Doctrine of Precedent (Stare Decisis) in the Supreme Court | |
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| Expanding and Narrowing Precedent | |
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| Working with Conflicting Lines of Precedent | |
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| The Effects of Narrow and Broad Readings of Precedent | |
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| Practice Pointers | |
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| Strategies of Justification | |
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| The Syllogism and Deductive Reasoning | |
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| Deduction and the Analogy | |
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| Deduction and Balancing | |
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| Judicial Disagreements | |
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| Conclusion | |
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| A Closer Look at Deduction: An Addendum | |
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| Practice Pointers | |
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| Briefing a Supreme Court Opinion | |
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| The Facts | |
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| The Majority Opinion | |
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| Concurring and Dissenting Opinions | |
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| The Dynamics of Opinion Writing | |
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| Briefing Griswold | |
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| The Legal Significance of Griswold | |
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| Practice Pointers | |
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| Analysis of a Supreme Court Case | |
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| The Brief of Seattle School District No. 1 | |
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| Questions Directed to 'Explaining' the Case | |
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| Evaluative Judgment: The Legal Sufficiency of the Decision | |
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| Political and Policy Implications of the Opinion | |
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| Practice Pointers | |
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| Table of Cases | |
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| Index | |