The Cambridge Companion to the United States Constitution

Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.

Karen Orren (Edited by), John W. Compton (Edited by)

9781107094666, Cambridge University Press

Hardback, published 22 March 2018

516 pages
23.6 x 16 x 3.4 cm, 0.83 kg

This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.

Introduction Karen Orren and John Compton
Part I. Principles: 1. A lighter touch: American constitutional principles in comparative perspective Gary Jeffrey Jacobsohn
2. Understanding due process Donald A. Dripps
3. Civil liberties and the dual legacy of the founding John W. Compton
4. Political representation and the US Constitution Andrew Rehfeld
5. Equality Ken I. Kersch
Part II. Structure: 6. Causes of action for enforcing the Constitution Ann Woolhandler and Michael G. Collins
7. Federalism Barry Cushman
8. Separation of powers Mark A. Graber
9. Executive power and national security power Andrew Kent and Julian Davis Mortenson
10. The Constitution and the administrative state Edward L. Rubin
Part III. Actions: 11. Constitutional judgment Howard Schweber
12. Suits against officeholders James E. Pfander
13. Habeas corpus Amanda L. Tyler
14. Implementation and impact: the courts, the Constitution, and public policy John I. Hanley and Gordon Silverstein
15. Constitutional law and social change: mapping pathways of influence Tomiko Brown-Nagin
16. Balancing privacy and national security: a rule of lenity for national security surveillance law Orin S. Kerr.

Subject Areas: Government powers [LNDH], Constitutional & administrative law [LND], Law [L], Central government policies [JPQB], Central government [JPQ], Constitution: government & the state [JPHC], Politics & government [JP], Society & social sciences [J]