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A Users' Guide to the United States Constitution, November 19, 2004
This review is from: American Constitutional Law: An Overview, Analysis, and Integration (Paperback)
American Constitutional Law: An Overview, Analysis, and Integration (Carolina Academic Press, 2004) is neither a casebook nor a treatise upon the constitution, although it incorporates significant aspects of both. It is, instead, a clear, methodical and complete guide to the constitutional forest, including detailed examinations of exemplary constitutional trees, learning exercises, and references to additional resources.
Written by Catholic University of America, Columbus School of Law Professor William A. Kaplin, this book would be an ideal reference to supplement the law or graduate school curriculum, to guide and orient undergraduate coursework on American democratic constitutionalism, and for the non-lawyer seeking an integrated understanding of the context and processes of American constitutional law.
Guided by the convictions 1) that one must develop an integrated view for full and effective understanding of constitutional law, 2) that "classical" cases and commentaries remain of vital importance to this understanding, and 3) that "constitutional law is too important to be left solely to the lawyers," Kaplin brings his expertise as lawyer and consummate educator, his patience and precision as an analyst, and his talent for synthesis and explanation to bear on the United States Constitution and the concepts, distinctions, principles, precedents and processes which have informed its interpretation.
The book is meticulously organized, introducing the United States Constitution, approaches to interpretation, and the role of the judicial opinion as a "basic practical tool" of constitutional law, before examining in detail constitutional powers - including enumerated legislative, judicial and executive powers as well as federalistic limits on state powers - and constitutional rights - including equal protection and due process rights as well as freedom of expression and religion. The presentation of substantive law and principles is illuminated throughout the book through analysis of "classical" and foundational cases. Additional illustrative material is also presented from classic commentators, such as James Madison and Joseph Story, as well as from history, political science, and legal theory.
Kaplin's presentation of constitutional powers is guided by the structural interpretive principles of federalism and separation of powers and supplemented by practical exercises, further "Study Suggestions," and a timeline identifying critical developments in legislative, executive or judicial power. The presentation of constitutional rights is guided by the state action doctrine and a "values" approach to interpretation, and is supplemented by a timeline identifying major developments in rights to the present, in addition to practical exercises and further "Study Suggestions."
Having presented constitutional powers and rights issues, Kaplin begins the process of integration by examining their confluence in questions including relationships between federal constitutional rights and federal statutory rights, federal constitutional powers and federal constitutional rights, and federal constitutional rights and state constitutional rights. This integration continues through an examination of the processes of constitutional litigation and constitutional interpretation, and an integrated model of constitutional analysis.
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