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In a trend that disturbs nationally known constitutional scholar George Anastaplo, law schools now place very little emphasis on the study of the United States Constitution as a document. Today, many constitutional law professors spend less than a week teaching the history, philosophical tenets, and legal origins of the Constitution itself and more time on Supreme Court cases. In Reflections on Constitutional Law, Anastaplo emphasizes the continuing significance and importance of the Constitution, by examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of independence. According to Anastaplo, a rigorous understanding of the Constitution is crucial to comprehending the true meaning of Supreme Court decisions.

Tabla de contenidos provista por Syndetics

• Preface(p. ix)
• Part 1
• 1 An Introduction to Constitutionalism(p. 3)
• 2 Magna Carta (1215)(p. 9)
• 3 The Declaration of Independence (1776)(p. 15)
• 4 The Articles of Confederation (1776-1789); The Northwest Ordinance (1787)(p. 21)
• 5 Emergence of the Constitution (1786-1791)(p. 27)
• 6 Marbury v. Madison (1803)(p. 33)
• 7 Swift v. Tyson (1842); Erie Railroad Company v. Tompkins (1938)(p. 40)
• 8 Martin v. Hunter's Lessee (1816); M'Culloch v. Maryland (1819)(p. 47)
• 9 Gibbons v. Ogden (1824)(p. 53)
• 10 Burdens on Interstate Commerce (1905-1981)(p. 60)
• 11 Missouri v. Holland (1920); Wickard v. Filburn (1942)(p. 67)
• 12 The Presidency and the Constitution(p. 74)
• 13 A Government of Enumerated Powers?(p. 81)
• Part 2
• 1 Realism and the Study of Constitutional Law(p. 91)
• 2 The Challenges of Skepticism for the Constitutionalist(p. 97)
• 3 Constitutionalism and the Common Law: The Erie Problem Reconsidered(p. 102)
• 4 The Confederate Constitution (1861-1865)(p. 108)
• 5 The Japanese Relocation Cases (1943, 1944)(p. 114)
• 6 Calder v. Bull (1798); Barron v. Baltimore (1833)(p. 120)
• 7 Corfield v. Coryell (1823) and the Privileges and Immunities Puzzles(p. 126)
• 8 The Slaughter-House Cases (1872): A False Start?(p. 132)
• 9 The Civil Rights Cases (1883); Plessy v. Ferguson (1896): More False Starts?(p. 139)
• 10 Shelley v. Kraemer (1948); Brown v. Board of Education (1954, 1955)(p. 146)
• 11 Affirmative Action and the Fourteenth Amendment(p. 153)
• 12 San Antonio Independent School District v. Rodriguez (1973)(p. 160)
• 13 Whose Votes Count for What-and When?(p. 167)
• Appendixes
• A Magna Carta (1215)(p. 175)
• B The Declaration of Independence (1776)(p. 187)
• C The Articles of Confederation and Perpetual Union (1776-1789)(p. 193)
• D The Northwest Ordinance (1787)(p. 203)
• E The United States Constitution (1787)(p. 211)
• F A Chart for Article I, Section 8, of the United States Constitution(p. 225)
• G The Amendments to the United States Constitution (1791-1992)(p. 227)
• H Proposed Amendments to the United States Constitution Not Ratified by the States (1789-1978)(p. 237)
• I The Confederate Constitution (1861)(p. 239)
• J Roster of Cases and Other Materials Drawn On(p. 257)
• Index(p. 261)
• About the Author(p. 269)

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CHOICE Review

Constitutional law courses in college or law school traditionally emphasize recent court decisions and ignore the text of the US Constitution as well as the documents that influenced it. The result is that students often receive a one-sided view that overappreciates judges and undervalues history. This brief book by Anastaplo (law, Loyola Univ.) attempts to remedy this imbalance. Part 1 surveys several major influences on the Constitution, providing textual and historical analysis of the Magna Carta, the Declaration of Independence, and the Articles of Confederation. The author also discusses the Constitutional Convention and offers an important review of several of the major early Supreme Court cases, seeking to clarify the original assumptions that influenced constitutional interpretation. Part 2 continues this discussion, addressing constitutional issues as they affect individual rights. Notably, this section examines both classic economic rights and more recent controversies such as affirmative action. As a result, the two parts of the book mirror class formats and syllabi generally found in constitutional law courses. A nice complement to collections on constitutional law and legal history. ^BSumming Up: Highly recommended. All readership levels. D. Schultz Hamline University