Reflections on Constitutional Law
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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4 The Articles of Confederation 17761789 The Northwest Ordinance 1787
5 Emergence of the Constitution 17861791
6 Marbury v Madison 1803
7 Swift v Tyson 1842 Erie Railroad COmpany v Tompkins 1938
8 Martin v Hunters Lessee 1816 MCulloch v Maryland 1819
A False Start?
More Flase Starts?
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955
11 Affirmative Action and the Fourteenth Amendment
12 San Antonio Independent School District v Rodriguez 1973
13 Whose Votes Count for Whatand When?
9 Gibbons v Ogden 1824
10 Burdens on Interstate Commerce 19051981
11 Missouri v Holland 1920 Wickard v Filburn 1942
12 The Presidency and the Constitution
13 A Government of Enumerated Powers?
1 Realism and the Study of Constitutional Law
2 The Challenges of Skepticism for the Constitutionalist
The Erie Problem Reconsidered
4 The Confederate Constitution 18611865
5 The Japanese Relocation Cases 1943 1944
6 Calder v Bull 1798 Barron v Baltimore 1833
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