Constitutional Law in Context / Edition 2by Michael Kent Curtis
Pub. Date: 04/30/2006
Publisher: Carolina Academic Press
Constitutional Law in Context (two volumes) puts major constitutional developments into historical perspective by helping students see how doctrinal developments were shaped by historical context and how historical developments affecting one doctrine often influenced other doctrines as well. Obvious examples include changes in commerce clause doctrine, substantive due process, and law related to race and gender. The chapter on incorporation shows how the framers of the amendment were influenced by denials of civil liberties that occurred during the crusade against slavery.
The books illustrate the development of constitutional law over time so that changes in the law can be related to changes in society. It reminds students that related changes often occur across a range of doctrinal areas; for example, parallel changes occur in both commerce clause and substantive due process doctrine as a result of changes during the New Deal. Decisions relevant to race discrimination involve not only equal protection, but also the reading of the commerce clause as illustrated by the Supreme Court's Heart of Atlanta decision.
The two volumes also contain materials on constitutional decision-making outside of the Supreme Court. These include materials on the Clinton impeachment, examples from free speech history, and state cases interpreting state constitutions. Finally, it is designed to assist students in understanding and formulating constitutional arguments. Authors Curtis, Parker, Douglas, and Finkelman identify and discuss forms of constitutional argument, such as arguments based on text, history, or structure and provide charts and diagrams to assist students in identifying the logical structure of constitutional analysis.
A teacher's manual and 2003 supplement are also available.
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