NCJ Number
142698
Date Published
1992
Length
282 pages
Annotation
This book interrelates theory and practice, substance and process, and powers and rights to provide a framework within which students can enrich and integrate their learning of constitutional law.
Abstract
The book, which is designed for use primarily in introductory constitutional law courses, includes four primary types of materials: conceptual overviews and related discussions, methodologies for case analysis, constitutional interpretation, and problem solving; 14 problems and 8 exercises; and study suggestions. "Concepts" of constitutional law, which are the principles, theories, and analytical constructs that elucidate the Constitution as a whole and its particular powers and rights provision, are commonly used by courts in their opinions. Examples range from the concepts of popular sovereignty, limited government, supremacy, powers versus rights, and "sources of interpretation" and "justification" versus "explanation" to such concepts as judicial supremacy, standards of review, implied versus express powers, and political versus judicial limits as well as to the concepts of substantive versus procedural due process, fundamental process, and constitutional values. "Methods," the techniques of analysis and law-application that transform the concepts of constitutional law, and concepts work together to create the foundation and structure for constitutional law and provide the basis for its application and growth. 22 footnotes and 33 appendixes