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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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A Citizen's Guide to the Constitution and the Supreme Court: Constitutional Conflict in American Politics

ISBN13: 9780415843812
Published: July 2013
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £16.99

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The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This citizen's guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting. After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.

Other Jurisdictions , USA
Introduction: The Constitution and Bong Hits for Jesus
1. The Core Disagreement: How Should We Read the Constitution?

Part I: Points of Conflict.
2. Judicial Review: Is it Legitimate and Expansive, or Questionable and Limited?
3. Rights: Are They Individual or Collective?
4. Federalism: Must We Have One National Standard?
5. Liberty: Does the Constitution Invoke Ordered Liberty or Pure Liberty?
6. Religion: Is the Constitution a Religious or Secular Document?
7. Transcendence: Do Transcendent Principles Exist in the Constitution?
8. Social Facts: Should the Court Move Ahead of Society or Wait for Social Change?
9. Precedent: Should We Follow or Break From the History of the Court?
10. Completeness: What Else Do We Need to Read?

Part II: Schools of Interpretation.
11. Textualism
12. Common Law Constitutionalism
13. Originalism
14. Living Constitutionalism
15. Comparing Schools of Interpretation
16. Points of Conflict & Schools of Thought in a Landmark Case: Roe v. Wade
17. Contemporary Landmark Cases: From Phelps to Obamacare
Conclusion: Reading the Constitution for Ourselves.