Reflections on Constitutional LawConstitutional 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 saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó 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. |
Contents
| 3 | |
| 9 | |
| 15 | |
| 21 | |
| 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 |
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Common terms and phrases
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