Freely Available Textbook
Constitutional Law & Theory
The Classic & Contemporary Debates
Morgan Marietta & Kody W. Cooper
“a model of civil discourse”
A freely available resource for one or two-semester constitutional law courses Forthcoming from the University of Tennessee Press
Three Central Themes
The book is organized around three interconnected themes that run through every topic.
Constitutional Theory
Constitutional questions are framed by competing theories of how the text should be read. The book presents the living and original approaches in an even-handed fashion, inviting students to evaluate each perspective and apply them to constitutional controversies.
Social Facts
Constitutional principles must be applied to changing facts. Even when principles are agreed upon, the current realities may be disputed. The book addresses how the Court determines competing premises as well as constitutional principles, applying the question of social facts to each case and controversy.
Recent Controversies
Each chapter addresses the most significant recent rulings and ongoing debates, connecting foundational principles to the live controversies that define constitutional law today.
Why This Book
Freely Available
No cost to students, educators, or citizens. No paywalls or access codes.
Comprehensive
Covers 20 major areas of constitutional law for a full one or two-semester course.
Ready to Use
Includes a full Supplement with discussion questions, debate cases, and additional readings.
Civil Discourse
Presents the strongest versions of competing views and invites students to deliberate between them.
20 Chapters
Comprehensive coverage of the major topics in constitutional law and theory.
About the Authors
Morgan Marietta
Professor, University of Tennessee
Morgan Marietta teaches at the University of Tennessee Institute of American Civics. He studies American politics and the political consequences of belief. His previous books include A Citizen's Guide to the Constitution & the Supreme Court and One Nation, Two Realities: Dueling Facts in American Democracy. He was the founding editor (2018-2023) of the annual SCOTUS series at Palgrave Macmillan on the major rulings of the Supreme Court.
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View personal website →Kody W. Cooper
Associate Professor, University of Tennessee
Kody W. Cooper teaches at the University of Tennessee Institute of American Civics. His scholarship addresses constitutional thought, natural law, and the foundations of American constitutionalism. He is the author of Thomas Hobbes and the Natural Law, and is currently writing The Art of Life: Thomas Jefferson and the Pursuit of Happiness.
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Download the Book
The full textbook (2026 edition) and Supplement are freely available for classroom and scholarly use.