Saying What The Law Is

by Fried, Charles

• ISBN13: 9780674019546
• ISBN10: 0674019547
• Format: Paperback
• Copyright: 2005-09-06
• Publisher: Harvard Univ Pr

Summary

In a few thousand words the Constitution sets up the government of the United States and proclaims the basic human and political rights of its people. From the interpretation and elaboration of those words in over 500 volumes of Supreme Court cases comes the constitutional law that structures our government and defines our individual relationship to that government. This book fills the need for an account of that law free from legal jargon and clear enough to inform the educated layperson, yet which does not condescend or slight critical nuance, so that its judgments and analyses will engage students, practitioners, judges, and scholars. Taking the reader up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Charles Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality. Fried draws on his knowledge as a teacher and scholar, and on his unique experience as a practitioner before the Supreme Court, a former Associate Justice of the Supreme Judicial Court of Massachusetts, and Solicitor General of the United States to offer an evenhanded account not only of the substance of constitutional law, but of its texture and underlying themes. His book firmly draws the reader into the heart of today's constitutional battles. He understands what moves today's Court and that understanding illuminates his analyses.

Table of Contents

Preface	ix
1 Doctrine	1	(12)
2 Federalism	13	(36)
3 Separation of Powers	49	(29)
4 Speech	78	(65)
5 Religion	143	(27)
6 Liberty and Property	170	(37)
7 Equality	207	(34)
Afterword	241	(8)
Notes	249	(50)
Table of Cases	299	(8)
Index	307