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Full Description
This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Contents
Introduction Karen Orren and John Compton; Part I. Principles: 1. A lighter touch: American constitutional principles in comparative perspective Gary Jeffrey Jacobsohn; 2. Understanding due process Donald A. Dripps; 3. Civil liberties and the dual legacy of the founding John W. Compton; 4. Political representation and the US Constitution Andrew Rehfeld; 5. Equality Ken I. Kersch; Part II. Structure: 6. Causes of action for enforcing the Constitution Ann Woolhandler and Michael G. Collins; 7. Federalism Barry Cushman; 8. Separation of powers Mark A. Graber; 9. Executive power and national security power Andrew Kent and Julian Davis Mortenson; 10. The Constitution and the administrative state Edward L. Rubin; Part III. Actions: 11. Constitutional judgment Howard Schweber; 12. Suits against officeholders James E. Pfander; 13. Habeas corpus Amanda L. Tyler; 14. Implementation and impact: the courts, the Constitution, and public policy John I. Hanley and Gordon Silverstein; 15. Constitutional law and social change: mapping pathways of influence Tomiko Brown-Nagin; 16. Balancing privacy and national security: a rule of lenity for national security surveillance law Orin S. Kerr.
