Reflections on constitutional law

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University Press of Kentucky, Aug 25, 2006 - Law - 269 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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Contents

An Introduction to Constitutionalism
3
Magna Carta 1215
9
The Declaration of Independence 1776
15
Copyright

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About the author (2006)

Denied admission to the Illinois bar in 1950 after he refused on principle to answer questions about his political associations, George Anastaplo took his case to the Supreme Court, and lost, 5-4. In a famous dissent -- which Justice William J. Brennan said "immortalized George Anastaplo" -- Justice Hugo L. Black wrote, "We must not be afraid to be free." George Anastaplo is professor of law at Loyola University of Chicago, lecturer in the liberal arts at the University of Chicago, and author of The American Moralist. He has been honored by the recent two-volume Festschrift, Law and Philosophy.

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