Reflections on Constitutional Law
University Press of Kentucky, 25. aug. 2006 - 288 sider
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said -- what considerations it weighed and how -- than it is to know what it is recorded that the Court "decided."
In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
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Marbury v Madison 1803
Swift v Tyson 1842 Erie Railroad Company v Tompkins
Martin v Hunters Lessee 1816 MCulloch v Maryland
Calder v Bull 1798 Barron v Baltimore 1833
Corfield v Coryell 1823 and the Privileges and Immunities
A False Start?
Shelley v Kraemer 1948 Brown v Board of Education
Affirmative Action and the Fourteenth Amendment
San Antonio Independent School District v Rodriguez
Whose Votes Count for Whatand When?
A Magna Carta 1215
Burdens on Interstate Commerce 19051981
Missouri v Holland 1920 Wickard v Filburn 1942
The Presidency and the Constitution
A Government of Enumerated Powers?
Realism and the Study of Constitutional
The Challenges of Skepticism for the Constitutionalist
The Erie Problem
The Confederate Constitution 18611865
The Japanese Relocation Cases 1943 1944
B The Declaration of Independence 1776
The Articles of Confederation and Perpetual Union 1776
The Northwest Ordinance 1787
E The United States Constitution 1787
F A Chart for Article I Section 8 of the United States
H Proposed Amendments to the United States Constitution
J Roster of Cases and Other Materials Drawn