Reflections on Constitutional Law

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University Press of Kentucky, Aug 25, 2006 - Law - 288 pages
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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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1 An Introduction to Constitutionalism
2 Magna Carta 1215
3 The Declaration of Independence 1776
4 The Articles of Confederation 17761789 The Northwest Ordinance 1787
5 Emergence of the Constitution 17861791
6 Marbury v Madison 1803
6 Calder v Bull 1798Barron v Baltimore 1833
7 Corfield v Coryell 1823 and thePrivileges and Immunities Puzzles
A False Start?
More False Starts?
10 Shelley v Kraemer 1948Brown v Board of Education 1954 1955
11 Affirmative Action and theFourteenth Amendment
12 San Antonio IndependentSchool District v Rodriguez 1973
13 Whose Votes Count for Whatand When?

7 Swift v Tyson 1842Erie Railroad Company v Tompkins 1938
8 Martin v Hunters Lessee 1816MCulloch v Maryland 1819
9 Gibbons v Ogden 1824
10 Burdens on Interstate Commerce 19051981
11 Missouri v Holland 1920Wickard v Filburn 1942
12 The Presidency and the Constitution
13 A Government of Enumerated Powers?
Part Two
1 Realism and the Study of Constitutional Law
2 The Challenges of Skepticismfor the Constitutionalist
The Erie Problem Reconsidered
4 The Confederate Constitution 18611865
5 The Japanese Relocation Cases 1943 1944
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
About the Author

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