In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.
• Provides an engaging, sophisticated introduction to American Constitutional Law, suitable for lawyers and non-lawyers alike • Describes in detail how the Supreme Court addresses particular topical issues, including freedom of speech, equal protection, the death penalty, privacy and sexual autonomy • Puts Supreme Court decision-making in historical and political context and explains how cultural, political and economic currents help drive the evolution of Constitutional law • Provides a framework within which to think about currently debated constitutional case issues and about the role of the Supreme Court in resolving them
Contents
Preface; Prologue; Introduction: The Dynamic Constitution; Part I. Individual Rights under the Constitution: 1. Freedom of speech; 2. Freedom of religion; 3. Protection of economic liberties; 4. Fundamental rights 'enumerated' in the Bill of Rights; 5. Equal protection of the laws; 6. 'Unenumerated' fundamental rights; Part II. The Constitutional Separation of Powers: 7. The powers of Congress; 8. Executive power; 9. Judicial power; Part III. Further Issues of Constitutional Structure and Individual Rights: 10. Structural limits on state power and resulting individual rights; 11. The Constitution in war and emergency; 12. Reach of the Constitution and Congress' enforcement powers; 13. Conclusion; Appendix.
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