Harvard law professor Richard H. Fallon introduces non-lawyers to the workings of American constitutional law. He writes about leading constitutional doctrines and issues, including freedom of speech and religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy. Fallon describes many of the fascinating cases and personalities that have shaped constitutional law, demonstrating how historical, cultural, and other factors have influenced constitutional adjudication. Furthermore, Fallon argues that the Constitution must serve as a dynamic document that adapts to the changing conditions inherent in human affairs.
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"Fallon...here offers what is arguably the best single introduction to modern American constitutional law short of a casebook. Highly recommended." J.R. Vile, Middle Tennessee State University, Choice
"This is a superb book. Though written for non-lawyers, the brilliance of The Dynamic Constitution is that everyone from constitutional law professors to those with no training in law can enjoy, understand, and learn from reading it.. I believe that Richard Fallon has produced a successor to Robert McCloskey's classic, The American Supreme Court." Erwin Chemerinsky, University of Southern California Law School HB ISBN (2004) 0-521-84094-5
"Fallon's work here offers ascinating insight into the complexities of constitutional law." Kennebec Journal
"For each controversial issue that concerns Americans today, Fallon supplies fascinating judicial history." The Victoria Advocate
"This is a superb book. Though written for non-lawyers, the brilliance of The Dynamic Constitution is that everyone from constitutional law professors to those with no training in law can enjoy, understand, and learn from reading it.. I believe that Richard Fallon has produced a successor to Robert McCloskey's classic, The American Supreme Court." Erwin Chemerinsky, University of Southern California Law School HB ISBN (2004) 0-521-84094-5
"Fallon's work here offers ascinating insight into the complexities of constitutional law." Kennebec Journal
"For each controversial issue that concerns Americans today, Fallon supplies fascinating judicial history." The Victoria Advocate
Book Description
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 ajudication, making clear the dynamic nature of the Constitution.
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5 of 6 people found the following review helpful:
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This review is from: The Dynamic Constitution: An Introduction to American Constitutional Law (Paperback)
If you're a college student or ordinary reader interested in learning the basics of constitutional law, then Richard Fallon's "The Dynamic Constitution" is a great place to start. The heart of the book is a crisp overview of modern constitutional doctrine in areas such as Free Speech and Equal Protection. These sections are gems of legal exposition. Even better, Fallon puts the legal issues in historical context, discusses how the Supreme Court interprets and applies the Constitution, and relates constitutional "politics" to national politics, as when Nixon came into office in 1969 promising to put "law and order" judges on the Court. The prose is crystal clear, with almost no jargon. Plus the book is short!
Fallon never puts forward a comprehensive theory of constitutional interpretation (though he does get in digs at "originalist" Justices who pick and choose among the "original understandings" of the Founders in order to push a conservative political agenda). He seems ready to live with the messy truth that the Supreme Court weighs many factors when deciding a case: the text of the Constitution, the drafters' intent, judicial precedents, moral values, and the need for stability and consistency in the law -- all the while keeping one eye on the likely political fallout. The result is a body of law that shifts over time and doesn't reflect a tidy jurisprudence, but is able to adapt to changing circumstances (hence the word "dynamic" in the title). Whether this jumbled system delivers what we want from the Constitution is anyone's guess. While the Supreme Court does have the power to curb the other branches of government, the system for appointing Justices ensures that it doesn't veer far from the political mainstream for very long. At its best, the Court has cleaned up laws and institutions that fell short of America's core principles, as defined by elites. But as elite values change, so does constitutional law. When racism infected the whole U.S. population, the Court ruled that Jim Crow was constitutional. But when racism was fading away among educated Americans, the Court attacked Jim Crow in holdouts like the Old South. Examples like this could be multiplied a hundredfold. It's a mixed record, but one that reflects America's mixed reality. Fallon's book is a great introduction. PS: "The Dynamic Constitution" is also a great book for middle-aged ex-lawyers trying to remember what they studied in Con Law two decades ago.
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This review is from: The Dynamic Constitution: An Introduction to American Constitutional Law (Paperback)
If you are looking for content, this book is definitely a great choice. It explains the most controversial topics regarding the constitution today. The explaination is very explicit and Fallon incorporates a good amount of examples to support the situation.
One minor imperfection of this book is the appearance. When I received my copy, there was a sharpie mark across the bottom of my book. This imperfection is so minute that it cannot compare to the knowledge this book has to offer.
0 of 3 people found the following review helpful:
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By Fanel (Orlando, FL) - See all my reviews
This review is from: The Dynamic Constitution: An Introduction to American Constitutional Law (Paperback)
My book arrived fast and i asked for standard shipping and some of the other stuff i ordered arrived later and i put it on expediant shipping.
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Inside This Book
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First Sentence:
IN THE WAKE OF THE 9/II ATTACKS ON THE UNITED STATES, imagine that an Al Qaeda sympathizer stands before a crowd and urges jihad against the United States. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
economic regulatory legislation, ratchet theory, religiously motivated conduct, most conservative justices, rational basis review, legislative vetoes, strict judicial scrutiny, heightened judicial scrutiny, dormant commerce clause, constitutional adjudication, invalidate legislation, expressive conduct, original understanding, compelling governmental interest, equal protection doctrine, rational basis test Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, First Amendment, Equal Protection Clause, Fourteenth Amendment, Due Process Clause, Establishment Clause, Immunities Clause, Free Exercise Clause, Warren Court, New Deal, World War, Bill of Rights, Takings Clause, University of Michigan, African Americans, New York, Board of Education, Contract Clause, Employment Division, Fourth Amendment, Line Item Veto Act, Reasoned Judgment Model, Religion Clauses, Abraham Lincoln, Earl Warren New!
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
IN THE WAKE OF THE 9/II ATTACKS ON THE UNITED STATES, imagine that an Al Qaeda sympathizer stands before a crowd and urges jihad against the United States. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
economic regulatory legislation, ratchet theory, religiously motivated conduct, most conservative justices, rational basis review, legislative vetoes, strict judicial scrutiny, heightened judicial scrutiny, dormant commerce clause, constitutional adjudication, invalidate legislation, expressive conduct, original understanding, compelling governmental interest, equal protection doctrine, rational basis test Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, First Amendment, Equal Protection Clause, Fourteenth Amendment, Due Process Clause, Establishment Clause, Immunities Clause, Free Exercise Clause, Warren Court, New Deal, World War, Bill of Rights, Takings Clause, University of Michigan, African Americans, New York, Board of Education, Contract Clause, Employment Division, Fourth Amendment, Line Item Veto Act, Reasoned Judgment Model, Religion Clauses, Abraham Lincoln, Earl Warren New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Citations (learn more)
This book cites 54
books:
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- Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks) by John Ely on 4 pages
- The Least Dangerous Branch: The Supreme Court at the Bar of Politics by Alexander M. Bickel in Back Matter (1), Back Matter (2), and Back Matter (3)
- Original Meanings by Jack N. Rakove in Back Matter (1), and Back Matter (2)
- A Preface to Democratic Theory by Robert A. Dahl in Back Matter (1), and Back Matter (2)
- Federal Courts (Casenote Legal Briefs) by Wecshler in Back Matter (1), and Back Matter (2)
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