A New Introduction to American Constitutionalism

Paperback | April 1, 2015

byMark A. Graber

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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 apolitical 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 Americanconstitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

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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? ...

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 Wh...

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Format:PaperbackDimensions:312 pages, 9.21 × 6.1 × 0.91 inPublished:April 1, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190245239

ISBN - 13:9780190245238

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Table of Contents

Preface1. Introduction to American ConstitutionalismA. Basic Constitutional QuestionsB. Identifying Basic Constitutional QuestionsC. Thinking About Basic Constitutional Questions2. What is a Constitution?A. Classical ConstitutionalismB. Modern ConstitutionalismC. Contemporary Constitutionalism3. Constitutional PurposesA. Constitutionalism and Democracy: The Dead Hand ProblemB. Basic Constitutional PurposesC. American Constitutional PurposesD. The Virtues and Vices of Constitutionalism4. Constitutional InterpretationA. The Living Constitution and Its DiscontentsB. Constitutional ArgumentsC. Constitutional Interpretation and Constitutional PurposesD. The Politics of Constitutional Argument5. Constitutional AuthorityA. The Counter-Majoritarian Difficulty, Judicial Activism and Judicial RestraintB. Allocating Constitutional AuthorityC. Sharing Constitutional AuthorityD. The Politics of Shared Constitutional AuthorityE. Shared Constitutional Authority as Politics, Law, and ConstitutionalismF. The Politics of Constitutional Argument6. Constitutional ChangeA. Formal Constitutional ChangeB. Semi-Formal Constitutional ChangeC. Informal Constitutional ChangeD. The Law and Politics of Constitutional Change7. American Constitutionalism in Global PerspectiveA. Foreign Policy: Two Constitutions?B. Comparative Constitutionalism: Universal or ParticularC. A Higher Law? International Law and the ConstitutionD. The Particular and Universal Revisited8. How Constitutions WorkA. Of Cheeseburgers and ConstitutionsB. Constitutions as Constraining PoliticsC. Constitutions as Constructing PoliticsD. Constitutions as Constituting PoliticsE. The Self-Enforcing ConstitutionF. When Constitutions Do Not WorkG. One Last Crisis