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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.
Unlike most constitutional law books, it 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.
This law school casebook supplement reflects the major lines of Supreme Court authority, placing cases within an historical context and organizational framework appropriate for law students. Focuses on the structure of the Constitution and its reconstruction, both by amendment and by judicial interpretation. Does not cover the First Amendment. This supplement covers the U.S. Supreme Court's decisions from the current term, plus additional notes, questions, and review problems built around these cases and other developing areas of American Constitutional Law.
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.
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.
This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The third edition has many refinements. It also has more coverage of executive discretion, the taxing and spending powers, the Necessary and Proper Clause, incorporation, and the drafting of the Fourteenth Amendment. It is now suitable not only for a survey course, but also for a course focused on federalism, on the First Amendment, or on the Fourteenth Amendment. For more information and additional teaching materials, visit the companion site.
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."

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