This collection of essays seeks to demonstrate the relevance of history to contemporary constitutional law by focusing on two themes. One is the emergence of a historical turn in constitutional decisions and commentary, with historically oriented methodologies playing and increased role in the analysis of constitutional issues. The other is the contribution those methodologies can make to the exploration of a variety of current topics, such as the role of scrutiny levels decisions in the Supreme Court's constitutional cases, the increased importance of international law rules, practices and norms in American courts, the emergence of the terms 'center' and 'centrist' as descriptive labels for the Court and justices, the internal powers of the Chief Justice of the United States, and the distinctive jurisprudental orientation of the Rehnquist Court. Taken together, the essays make the claim that since there is a strong link between history and the analysis of legal issues, that analysis can be enhanced through the felicitous use of methodologies derived from the study of history.
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Editorial Reviews
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This multi-faceted work effectively demonstrates the manifold ways in which constitutional law can be studied through a historical lens. --Harvard Law Review
White is a scholar with impressive knowledge and insight about jurisprudential history, and he has provided a valuable service to the community of constitutional scholars and other interested readers by making his recent work accessible in a single volume. --Law & Politics Book Review
White is a scholar with impressive knowledge and insight about jurisprudential history, and he has provided a valuable service to the community of constitutional scholars and other interested readers by making his recent work accessible in a single volume. --Law & Politics Book Review
About the Author
G. Edward White is a professor of law at the University of Virginia School of Law.
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
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editorial discretion, strange career, incompletely theorized agreements, salient cases, historical consciousness, most dangerous branch, departmental discretion principle, voting alignment analysis, scrutiny levels jurisprudence, foreign relations jurisprudence, judicial supremacy principle, constitutional journey, federal migratory bird legislation, judicial behavioralism, customary international law decisions, foreign affairs jurisprudence, humans holding power, state police power legislation, bifurcated review, objectivity canon, nonunanimous cases, new federal common law, special seniority, federal foreign affairs powers, general federal common law Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Burger Court, Chief Justice, New York, Rehnquist Court, Warren Court, Marshall Court, New Deal, Dred Scott, Carolene Products, Alien Tort Statute, Edward White, First Amendment, Fourteenth Amendment, Contracts Clause, Litvinov Agreement, Commerce Clause, World War, Due Process Clause, Moscow Fire, Equal Protection Clause, One Case, Bill of Rights, Melville Weston Fuller Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
editorial discretion, strange career, incompletely theorized agreements, salient cases, historical consciousness, most dangerous branch, departmental discretion principle, voting alignment analysis, scrutiny levels jurisprudence, foreign relations jurisprudence, judicial supremacy principle, constitutional journey, federal migratory bird legislation, judicial behavioralism, customary international law decisions, foreign affairs jurisprudence, humans holding power, state police power legislation, bifurcated review, objectivity canon, nonunanimous cases, new federal common law, special seniority, federal foreign affairs powers, general federal common law Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Burger Court, Chief Justice, New York, Rehnquist Court, Warren Court, Marshall Court, New Deal, Dred Scott, Carolene Products, Alien Tort Statute, Edward White, First Amendment, Fourteenth Amendment, Contracts Clause, Litvinov Agreement, Commerce Clause, World War, Due Process Clause, Moscow Fire, Equal Protection Clause, One Case, Bill of Rights, Melville Weston Fuller Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
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