The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do.
Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today.
This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
The Seventh Edition presents new material on originalism and the right to bear arms; incorporation and the Second Amendment; and Libya and the War Powers Resolution. Full, analytic treatment of the Supreme Court's decisions in the Affordable Care Act is presented. Coverage of the preemption doctrine is expanded. A new discussion of the Religion Clauses' treatment considers church autonomy in light of Hosanna-Tabor. The text on freedom of expression has been revised to incorporate new cases such as Citizens United v. Federal Election Commission (on campaign finance regulation), Snyder v. Phelps (on intentional infliction of emotional distress), Brown v. Entertainment Merchants’ Ass'n (on violent video games), FCC v. Fox Television Stations (on expletives in broadcasting), and United States v. Alvarez (on criminal liability for lying about receiving medals of honor.) New material on privacy and the Internet brings the Seventh Edition completely up to date.
Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues.
Key Features:The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.