A New Introduction to American Constitutionalism

Overview

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international ...

See more details below
Hardcover (New Edition)
$29.10
BN.com price
(Save 16%)$35.00 List Price
Other sellers (Hardcover)
  • All (7) from $30.00   
  • New (6) from $30.00   
  • Used (1) from $30.07   

Overview

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Read More Show Less

Product Details

  • ISBN-13: 9780199943883
  • Publisher: Oxford University Press
  • Publication date: 11/1/2013
  • Edition description: New Edition
  • Pages: 312
  • Sales rank: 962,104
  • Product dimensions: 6.20 (w) x 9.30 (h) x 1.30 (d)

Meet the Author

Mark A. Graber is Associate Dean for Research and Faculty Development and Professor of Law and Government at the Universirty of Maryland Francis King Carey School of Law. He is the author of Rethinking Abortion (Princeton, 1996), Dred Scott and the Problem of Constitutional Evil (Cambridge, 2006), and, with Howard Gillman and Keith Whittington, American Constitutionalism, Volumes I and II (Oxford, 2012).

Read More Show Less

Table of Contents

Preface
1. Introduction to American Constitutionalism
A. Basic Constitutional Questions
B. Identifying Basic Constitutional Questions
C. Thinking About Basic Constitutional Questions

2. What is a Constitution?
A. Classical Constitutionalism
B. Modern Constitutionalism
C. Contemporary Constitutionalism

3. Constitutional Purposes
A. Constitutionalism and Democracy: The Dead Hand Problem
B. Basic Constitutional Purposes
C. American Constitutional Purposes
D. The Virtues and Vices of Constitutionalism

4. Constitutional Interpretation
A. The Living Constitution and Its Discontents
B. Constitutional Arguments
C. Constitutional Interpretation and Constitutional Purposes
D. The Politics of Constitutional Argument

5. Constitutional Authority
A. The Counter-Majoritarian Difficulty, Judicial Activism and Judicial Restraint
B. Allocating Constitutional Authority
C. Sharing Constitutional Authority
D. The Politics of Shared Constitutional Authority
E. Shared Constitutional Authority as Politics, Law, and Constitutionalism
F. The Politics of Constitutional Argument

6. Constitutional Change
A. Formal Constitutional Change
B. Semi-Formal Constitutional Change
C. Informal Constitutional Change
D. The Law and Politics of Constitutional Change

7. American Constitutionalism in Global Perspective
A. Foreign Policy: Two Constitutions?
B. Comparative Constitutionalism: Universal or Particular
C. A Higher Law? International Law and the Constitution
D. The Particular and Universal Revisited

8. How Constitutions Work
A. Of Cheeseburgers and Constitutions
B. Constitutions as Constraining Politics
C. Constitutions as Constructing Politics
D. Constitutions as Constituting Politics
E. The Self-Enforcing Constitution
F. When Constitutions Do Not Work
G. One Last Crisis

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)