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The Dynamic Constitution: An Introduction to American Constitutional Law


ISBN13: 9780521840941
ISBN: 0521840945
Published: November 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780521600781



In this book, Harvard law professor Richard H. Fallon introduces non-lawyers to the workings of American Constitutional Law.

He writes with clarity and vigor about leading constitutional doctrines and issues, including the freedom of speech, the freedom of religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy.

Along the way, Fallon describes many of the fascinating cases and personalities that have shaped constitutional law. He shows how historical, cultural, and other factors have influenced constitutional adjudication, making clear the dynamic nature of the Constitution.

For both the courts and the American people, Fallon argues, the Constitution must serve as a dynamic document that adapts to the changing conditions inherent in human affairs. Fallon goes on to defend dynamic constitutionalism by confronting head on the concerns that some critics have raised.

Subjects:
Other Jurisdictions , USA
Contents:
Preface; Prologue: Bush v. Gore; 1. The dynamic constitution; 2. Freedom of speech; 3. Freedom of religion; 4. Protection of economic liberties; 5. Rights to fair procedures; 6. Equal protection of the laws; 7. Fundamental rights; 8. The powers of congress; 9. Executive power; 10. Judicial power; 11. Elections, political democracy; and the constitution; 12. Structural limits on state power and resulting individual rights; 13. The constitution in war and emergency; 14. The reach of the constitution and Congress's enforcement power; 15. Conclusion.