This open source — as in freely licensed (CC-BY) — casebook is a companion to my book, Fidelity & Constraint (Oxford 2019). It covers the course material of federalism, separation of powers, and the Civil War Amendments, organized into a framework for understanding how the Supreme Court has developed these doctrines. That framework is suggestive for domains beyond the scope of this casebook.
The casebook can obviously be used independently of the book. Ideally, it would be used against the argument of the book, by adding material that contradicts or weakens the arguments that I have offered there. But the intent was to offer both readers of the book a way to see the source material more easily, and for users of the casebook to have a source to read more deeply.
Obviously, there is a great deal of constitutional law not included within the scope of this casebook. Our hope is that others will remix this version, and add sections to cover the missing parts. If that use develops, we will find a way to display the competing versions. Our ultimate hope is to encourage a kind of casebook-authoring-competition, so that the extraordinary talent of law professors across the country could find an easier way to express itself, free of the economic constraints (and opportunities) of traditional publishing.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.