This chapter explains how the Court derives constitutional principle using examples from the areas of freedom of speech, racial discrimination, reapportionment, and abortion. It then uses two examples from the area of the Establishment Clause: the concept of the wall of separation between church and state and the Lemon test to illustrate how the Court transforms broad principle into specific constitutional doctrine. Next, it considers how the Court derives constitutional doctrine using four specific areas for purpose of illustration: seditious speech, strict scrutiny, libel, and school desegregation. Finally, the chapter discusses various sources of constitutional doctrine including precedent, purpose, structure, theory, necessity, and whole cloth.
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