The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties.
One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards?
This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.
"This is a sophisticated introduction to constitutional law and a rich blend of discussion of Supreme Court decisions and theories that drive constitutional debates. Analysis of cases illustrates theories of constitutional justice, and probing consideration of leading theories illuminates the deeper stakes of disputes and judicial rulings."
-- Richard Fallon, Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School
"It is hard to imagine a better primer on constitutional law. Perfect for law students, it is also invaluable to an audience seeking an accessible and provocative window into the mysteries of American Constitutional law. Rich in its comparisons with other judicial systems, lucid in its framing of the issues, it is simply tops in its genre,>"
-- Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University Law School of Law
1. Who Decides?
2. Judicial Review
3. Constitutional Interpretation
5. Separation of Powers
6. Equal Protection
7. Enumerated Rights: The First Amendment
8. Unenumerated Rights
9. Congressional Enforcement of Constitutional Rights
10. Beyond the Courts