Reflections on Constitutional Law

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University Press of Kentucky, Aug 25, 2006 - Law - 288 pages
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
 

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Contents

1 An Introduction to Constitutionalism
3
2 Magna Carta 1215
9
3 The Declaration of Independence 1776
15
4 The Articles of Confederation 17761789 The Northwest Ordinance 1787
21
5 Emergence of the Constitution 17861791
27
6 Marbury v Madison 1803
33
7 Swift v Tyson 1842 Erie Railroad COmpany v Tompkins 1938
40
8 Martin v Hunters Lessee 1816 MCulloch v Maryland 1819
47
A False Start?
132
More Flase Starts?
139
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955
146
11 Affirmative Action and the Fourteenth Amendment
153
12 San Antonio Independent School District v Rodriguez 1973
160
13 Whose Votes Count for Whatand When?
167
Appendix A
175
Appendix B
187

9 Gibbons v Ogden 1824
53
10 Burdens on Interstate Commerce 19051981
60
11 Missouri v Holland 1920 Wickard v Filburn 1942
67
12 The Presidency and the Constitution
74
13 A Government of Enumerated Powers?
81
1 Realism and the Study of Constitutional Law
91
2 The Challenges of Skepticism for the Constitutionalist
97
The Erie Problem Reconsidered
102
4 The Confederate Constitution 18611865
108
5 The Japanese Relocation Cases 1943 1944
114
6 Calder v Bull 1798 Barron v Baltimore 1833
120
Untitled
126
Appendix C
193
Appendix D
203
Appendix E
211
Appendix F
225
Appendix G
227
Appendix H
237
Appendix I
239
Appendix J
257
Index
261
About the Author
269
Copyright

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About the author (2006)

George Anastaplo, professor of law at Loyola University in Chicago and lecturer in the liberal arts at the University of Chicago, is the author of numerous books, including Reflections on Constitutional Law and The Constitutionalist.

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