Constitutional Theory: Arguments and Perspectives, Fourth Edition, 2013

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ISBN: 9780327189909
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This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties.

Among the changes in the Fourth edition:;
•  All chapters have been updated to reflect the current state of constitutional theory;
•  Completely new chapters on: constitutional change; conservatives and constitutional theory; progressives and constitutional theory; and the US Constitution and global constitutionalism;
•  New editor Lawrence Solum produces a state of the art chapter on originalism.;
Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.

A Teacher's Manual is available to professors.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

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Table of Contents

TABLE OF CONTENTS


PART I Why Theory?


Chapter 1 AN OVERVIEW OF THE DEVELOPMENT OF AMERICAN
CONSTITUTIONAL THEORY

Chapter 2 WHY CONSTITUTIONALISM?


PART II Judicial Review and Constitutional Interpretation



Chapter 3 JUDICIAL ACTIVISM AND RESTRAINT: THE
CONTEMPORARY DEBATE

Part II Judicial Review and Constitutional Interpretation


Chapter 4 THEORIES OF JUDICIAL REVIEW AND JUDICIAL
SUPREMACY


Part II Judicial Review and Constitutional Interpretation


Chapter 5 ORIGINALISM

Chapter 6 STRUCTURAL REASONING

Chapter 7 MORAL REASONING

Chapter 8 PRECEDENT IN CONSTITUTIONAL ADJUDICATION


PART III Perspectives



Chapter 9 CONSERVATIVES AND CONSTITUTIONAL THEORY

Chapter 10 PROGRESSIVES AND CONSTITUTIONAL THEORY

Chapter 11 THE U.S. CONSTITUTION AND GLOBAL
CONSTITUTIONALISM