The Dynamic Constitution

by Fallon, Richard H., Jr.

• ISBN13: 9781107021402
• ISBN10: 1107021405
• Edition: 2nd
• Format: Hardcover
• Copyright: 2013-04-22
• Publisher: Cambridge Univ Pr

Summary

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.

Table of Contents

Preface

Prologue

Introduction: The Dynamic Constitution

Individual Rights under the Constitution:

Freedom of speech

Freedom of religion

Protection of economic liberties

Fundamental rights 'enumerated' in the Bill of Rights

Equal protection of the laws

'Unenumerated' fundamental rights

The Constitutional Separation of Powers:

The powers of Congress

Executive power

Judicial power

Further Issues of Constitutional Structure and Individual Rights:

Structural limits on state power and resulting individual rights

The Constitution in war and emergency

Reach of the Constitution and Congress' enforcement powers

Conclusion

Appendix

Table of Contents provided by Publisher. All Rights Reserved.