Constitutional Law History

In Constitutional Law, we discuss the basic rules under the Constitution of the United States. We examine significant clauses within the Constitution and their interpretation over time, landmark Supreme Court cases, and many other topics covered in constitutional law, with numerous examples and analysis.

In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

AudioLearn Law School Course Outlines presents Constitutional Law. Written by distinguished law professors and professionally narrated for easy listening, this outline covers what is typically taught in a law school constitutional law course. Included are detailed explanations of critical issues and topics you must know to master the course.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

The premise of this collection of essays is one idea which is simple and obvious and accurate, yet which, due to the dishonesty and cowardice that pervades today’s political climate, no one before me (to my knowledge) has had the courage and the confidence to say. The idea can be summarized thusly: The term “the Right” means the Christian statist movement, the movement which seeks the creation of a Christian state in which Christianity is an official state religion, and obedience to Christian theology is imposed by law and mandated by law. The term “the Left” means the Communist ...

From Pulitzer Prize-winning American historian Joseph J. Ellis, the unexpected story of why the thirteen colonies, having just fought off the imposition of a distant centralized governing power, would decide to subordinate themselves anew.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

In this groundbreaking portrait of corporate seizure of political power, We the Corporations reveals how American businesses won equal rights and transformed the Constitution to serve the ends of capital. Corporations - like minorities and women - have had a civil rights movement of their own and now possess nearly all the same rights as ordinary people. Uncovering the deep historical roots of Citizens United, Adam Winkler shows how that controversial 2010 Supreme Court decision was the capstone of a 200-year battle....

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources.

In The Court v. The Voters, law professor Josh Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown and some familiar—to investigate the historic crossroads that have changed our elections, and therefore the nation, irrevocably. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in shaping not only our elections but the very essence of the right to vote.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in US constitutional history, encompassing key Supreme Court and lower-court cases.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history.