Among both judges and academics, one of the hottest issues in constitutional law is the role of "original intent." Almost everyone agrees that it is important, and some scholars and judges believe it should be the most important factor in constitutional law. To think about these issues intelligently, law students need to have ready access to the historical materials so they can see how the Framers of the Constitution thought about critical issues. Yet the original source materials fill many volumes. Writings by historians also fill many bookshelves. Just as the traditional casebook selects and condenses materials from the court reports to make them useful for law students, this book does the same thing for the historical evidence of original intent. There is no other source that covers this range of materials, combined with concise overviews of the best understanding of the historical context. Only this book gives students a cogent introduction to the history behind the Constitution and its major amendments, so they can form their own judgments about the "original understanding" and its relevance to modern constitutional law.
Author: Daniel A. Farber,Suzanna Sherry
Publisher: West Academic Publishing
This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" as paradigms for learning the major issues in constitutional law, and it offers less attention to the small ripples of modern doctrine. It stresses the task of interpretation, including the interpretation of the Constitution by the political branches. And it gives attention to features of our constitutional history that are neglected in many casebooks, including slavery, the horizontal federalism of Article IV, the amendment process of Article V, and representative democracy.
Author: Michael Stokes Paulsen,Steven G. Calabresi,Michael W. McConnell,Samuel L. Bray
Publisher: Foundation Press
Contexts of the Constitution provides the primary documents that frame the fundamental principles of American constitutional government. The documents are arranged by principle, including the principles of constitutionalism, equality and federalism and taken from their original sources. Contexts of the Constitution gives teachers of constitutional law, political theory and American history a usefully arranged, ready and accurate text for use as a primary text or supplement. It gives students of constitutional law access to documents that are referenced to -- or at least the context of -- decisions they are reading. It gives students of political science and hi story a useful primary collection for understanding fundamental principles.
A Documentary Collection on Principles of American Constitutional Law
Author: Neil Howard Cogan
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
The Lost One Hundred Years of American Administrative Law
Author: Jerry L. Mashaw
Publisher: Yale University Press
This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595155. Learn more at CasebookPlus.com. Unlike most constitutional law books, this book does not assume that the students have any particular knowledge of American history, government, or law, so it begins with a rich introductory chapter to provide students with a necessary foundation for the rest of the material. Thereafter, it supplements the familiar cases with historical context and pictures and biographies of current and famous justices adjacent to their opinions. It makes the traditional canon accessible and enjoyable to the current generation. Easily covered over two semesters, the book manages through careful case selection to avoid drastic editing of all but the longest cases.
Structure and Rights
Author: William F. Funk
Publisher: West Academic Publishing
A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Author: Bernard Schwartz
Publisher: Oxford University Press
In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court's interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State's constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practic
The Modern Experience
Author: Randy J. Holland,Jeffrey Sutton
Publisher: West Academic Publishing
This casebook is designed to reflect more accurately the way that Constitutional Law is generally taught in contemporary law schools. Most schools no longer attempt to offer a comprehensive survey course; rather, they offer an introduction to the subject that omits topics like the First Amendment and frequently focuses on issues of constitutional structure. The basic idea of this book is to conform the casebook more closely to the subjects actually covered in most introductory constitutional law courses. The book also tries to capture the best of both topical and historical arrangements. This book makes no attempt at comprehensive coverage. It combines a historical approach in the first half of the book with a very thorough doctrinal treatment of structural questions in the second. The book departs from most other casebooks in the field by offering longer cuts of fewer key cases, rather than trying to treat every significant case. The underlying theory is that the justices are considerably less cryptic when one includes a greater proportion of their explanations, and that the extra reading load is more than offset by the decrease in confusion. This book is divided into two principal parts. The first offers a general survey of judicial review, arranged as a history of the U.S. Supreme Court from Marbury to Bush v. Gore. This history accomplishes several goals: It presents an overall picture of the institution of judicial review as it has evolved over our history; it introduces the basics of a number of rights issues (e.g., equal protection and race, due process and privacy) not covered elsewhere in the course; and it exposes students to different theoretical approaches to constitutional interpretation. The second half of the book presents an in-depth doctrinal study of federalism and separation of powers,
Author: Ernest A. Young
Publisher: Foundation Press
A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.
The Precedents and Principles We Live by
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Courts, Constitutions, and Rights
Author: Juan F. Gonzalez-Bertomeu,Roberto Gargarella
In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.
An Introduction to American Constitutional Law and Practice
Author: Richard H. Fallon, Jr
Publisher: Cambridge University Press
"I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar."--Jeremy Waldron, New York Review of Books When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades--from gun control to gay marriage, affirmative action to criminal procedure, presidential dynasties to congressional dysfunction, Bill Clinton's impeachment to Obamacare. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Leading readers through the constitutional questions at stake in each episode while outlining his abiding views regarding the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.
Timeless Lessons for the Issues of Our Era
Author: Akhil Reed Amar
Publisher: Basic Books
From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation’s most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution’s history and meaning in clear, accessible terms. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today’s controversies, and offer powerful insights into the Constitution’s true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues—a skill that is ever more essential to the continued flourishing of American democracy.
Author: Michael Paulsen,Luke Paulsen
Publisher: Basic Books
Religion and the Constitution, Third Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Third Edition has been completely updated with discussions of recent important cases and includes expanded discussion of key topic areas. Professors McConnell, Garvey, and Berg bring years of experience and insight to teaching students about Religion and the Constitution: Broad recurring themes place current debate in context: Free exercise of religion in the face of government regulation Government financial assistance to religious institutions The role of religion in government institutions, such as schools Notes and questions connect constitutional and religious history with current constitutional issues. The combination of notes and problems allows both depth of understanding and application of knowledge to new issues. The interrelation between free exercise and establishment clauses is examined and thoroughly explained. Historical background materials judiciously integrated with current constitutional issues provide students with the context that facilitates deeper understanding. Lightly edited cases promote in-depth case analysis. New to the Third Edition: Up-to-date coverage of new decisions. Expanded discussion of standing in both funding and symbols cases (including Hein and Buono). Expanded discussion of freedom of religious association (including CLS v. Martinez). Additional references to international and comparative materials.
Author: Michael W. McConnell,John H. Garvey,Thomas C. Berg
Publisher: Aspen Publishers
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Author: Mark Tushnet,Mark A. Graber,Sanford Levinson
Publisher: Oxford University Press
Category: Political Science
This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595179. Learn more at CasebookPlus.com. Since the first publication of Modern Constitutional Law a third of a century ago, it has continued to be one of the best sellers in a very competitive market. Over the years, many law professors have adopted this user-friendly casebook - which is no surprise, given the rave reviews that this book has enjoyed. For example, Professor Thomas E. Baker stated that he has "been so loyal to the Rotunda brand name over the years," because it "remarkabl[y]" manages "to include all the important cases yet preserves a fuller set of opinions to guarantee 'thoughtful classroom discussion'." This Eleventh Edition incorporates the many changes in Constitutional law, such as new limits on the Commerce Clause and Spending Power, the Second Amendment, expanded Free Speech protections, and new limits on affirmative action, the President's executive power, and federal power to enforce voting rights. In addition to the 11th Edition Standard Version, Rotunda now offers an Abridged Edition, particularly appropriate for those professors offering a shorter course. This abridged version covers most of topics of the expanded version but does not include topics that a shorter course would not normally include.
Cases and Notes, Unabridged
Author: Ronald Rotunda
Publisher: West Academic Publishing
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
American Law and the New Global Realities
Author: Stephen Breyer
The changed title for the second edition of Professor Young's constitutional law casebook reflects the book's expanded coverage of individual rights. The new edition retains both the first edition's historically-sequenced survey of leading cases from Marbury to Casey and its in-depth focus on contemporary doctrine concerning federalism and separation of powers. But it adds lengthy survey chapters on Due Process and Equal Protection, as well as a final chapter integrating both strands of rights doctrine through a case study of gay rights. Introductory material and notes have been updated throughout, and new principal cases include NFIB v. Sebelius, Zivotofsky v. Kerry, and Obergefell v. Hodges. As before, this casebook is designed to facilitate the introductory Constitutional Law courses taught in most law schools, rather than to attempt a comprehensive survey of the subject. The new edition does offer considerably more flexibility, however, in calibrating the balance between structural issues and individual rights.
Author: Ernest Young
Publisher: Foundation Press