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The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions [Hardcover]

Jay Wexler
4.0 out of 5 stars  See all reviews (27 customer reviews)

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Book Description

November 1, 2011
If the United States Constitution were a zoo, and the First, Fourth, and Fourteenth amendments were a lion, a giraffe, and a panda bear, respectively, then The Odd Clauses would be a special exhibit of shrews, wombats, and bat-eared foxes. Past the ever-popular monkey house and lion cages, Boston University law professor Jay Wexler leads us on a tour of the lesser-known clauses of the Constitution, the clauses that, like the yeti crab or platypus, rarely draw the big audiences but are worth a closer look. Just as ecologists remind us that even a weird little creature like a shrew can make all the difference between a healthy environment and an unhealthy one, understanding the odd clauses offers readers a healthier appreciation for our constitutional system. With Wexler as your expert guide through this jurisprudence jungle, you’ll see the Constitution like you’ve never seen it before.
 
Including its twenty-seven amendments, the Constitution contains about eight thousand words, but the well-known parts make up only a tiny percentage of the entire document. The rest is a hodgepodge of provisions, clauses, and rules, including some historically anachronistic, some absurdly detailed, and some crucially important but too subtle or complex to get popular attention. This book is about constitutional provisions like Section 2 of the Twenty-first Amendment, the letters of marque and reprisal clause, and the titles of nobility clauses—those that promote key democratic functions in very specific, and therefore seemingly quite odd, ways. Each of the book’s ten chapters shines a much-deserved light on one of the Constitution’s odd clauses—its history, its stories, its controversies, its possible future.
 
The Odd Clauses puts these intriguing beasts on display and allows them to exhibit their relevance to our lives, our government’s structure, and the integrity of our democracy.

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The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions + Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars
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Editorial Reviews

Review

“I love this book. It is, believe it or not, an utterly entertaining constitutional law book. I am blown away by Wexler's comedic skills and his ability to make the usually dry subject matter so funny and readable.”—Gary Gulman, Finalist, Last Comic Standing and Guest, Late Night With David Letterman and The Tonight Show

“In Holy Hullabaloos, Jay Wexler took us along on what he called a "road trip" to some of the most important places connected to the First Amendment's religion clauses. This time, in The Odd Clauses, Wexler exits off the highway to take us on a tour of some back roads of constitutional law: places scholars and the public seldom visit like the Bill of Attainder Clause or the Third Amendment (which prohibits quartering of troops in private houses during peacetime, in case you didn't know.) The result is magical: you'll have so much fun reading about these unsung constitutional provisions that you won't realize until the trip is over how much you've learned.”— Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law

“The book provides a fresh vantage point from which to consider the Constitution.”—Choice Magazine

“Professor Wexler dispenses his expertise on the Constitution with a light touch, imparting many lasting insights and a few belly laughs along the way. What a delight to discover that our founding document is not only brilliant, but brilliantly weird.”—Ben H. Winters, author of Sense and Sensibility and Sea Monsters

“A know-it-all's treasure trove, a cabinet of constitutional curiosities, The Odd Clauses touches down on NASA, Ellis Island, even Saturday Night Live. Jay Wexler is brilliantly snarky, erudite and comedic.”—Julianna Baggott, author of Girl Talk and Pure

“The maniacs who run the modern American political process seem determined to reduce our Constitution to a electoral fetish object. Thank God, then, that we have Jay Wexler, whose wise and funny treatise reminds us that the Constitution is, like the men who drafted it, brilliant but imperfect. I learned more reading this book than in my entire college career. This isn't saying much given my college career, I realize. But I now plan to attend law school. It's that good.”—Steve Almond, author of Candyfreak and God Bless America

About the Author

Jay Wexler teaches at the Boston University School of Law. He previously clerked for Supreme Court Justice Ruth Bader Ginsburg and then served as a lawyer in the Department of Justice’s Office of Legal Counsel. Wexler’s writing has appeared in Boston magazine, Spy, and McSweeney’s Internet Tendency, among other publications. His first book was Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church-State Wars

Product Details

  • Hardcover: 248 pages
  • Publisher: Beacon Press; 1 edition (November 1, 2011)
  • Language: English
  • ISBN-10: 0807000906
  • ISBN-13: 978-0807000908
  • Product Dimensions: 5.8 x 0.9 x 8.8 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (27 customer reviews)
  • Amazon Best Sellers Rank: #735,919 in Books (See Top 100 in Books)

More About the Author

Jay Wexler is a professor at the Boston University School of Law, where he has taught since 2001. Prior to teaching, Wexler studied religion at the University of Chicago Divinity School and law at Stanford Law School. After law school, he worked as a clerk to Justice Ruth Bader Ginsburg at the U.S. Supreme Court and then as a lawyer in the Office of Legal Counsel at the Department of Justice. He has published nearly two dozen academic articles, essays, and reviews, as well as over forty short stories and humor pieces in places like the Boston Globe, Spy, Mental Floss, and McSweeney's. His first book was Holy Hullabaloos. His website is www.jaywex.com

Photographer Photo Credit Name: Kerry Burke, 2012.

Customer Reviews

Professor Wexler has written a fantastic book and has a great sense of humor. Reeves Ranger  |  12 reviewers made a similar statement
Nor is it a problem that he is open about it; he owes his readers that much. Reader in Matawan  |  1 reviewer made a similar statement
Most Helpful Customer Reviews
5 of 5 people found the following review helpful
3.0 out of 5 stars Trying to Make the U.S. Constitution Come Alive January 21, 2012
By Janet
Format:Hardcover
The author of the Odd Clauses of the Constitution, I believe, wants to make the U.S. Constitution come alive for everyone. He shares unique ideas to help the average student to remember the placement and content of each Amendment. I find this commendable. I enjoyed this part of the book. It was interesting and educational.

I cannot in good faith recommend this book, however because the author seems to feel the need to share his religious and political bias too often. I found this very off-putting.
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3 of 3 people found the following review helpful
Format:Hardcover|Amazon Vine™ Review (What's this?)
I went to a prestigious law school, and I've been practicing as a public defender for more than five years, and until I read this book, I thought I didn't like Constitutional law. The big Constitutional cases tended to be confusing and dishonest examples of judges using implausible means to reach the ends they thought were most just (Wexler completely wins my heart again when he comments that Supreme Court justices like three-part tests almost as much as they like big corporations), and they tended to look much more like politics than legal reasoning. Through these odd clauses, though, Wexler has made me respect the Constitution (and the history of its interpretations) much more.

Wexler's choice of subject matter may seem a bit random at first, and in fact he self-deprecatingly downplays his choices by repeatedly analogizing them to obscure zoological curiosities. He avoids the big issues like First Amendment freedoms and Roe v. Wade, choosing to focus on things like the requirement that the President be a "natural born citizen," or the prohibition against titles of nobility, or the Third Amendment protection against having troops quartered in your home against your will. This makes for a quirky tour of the back roads of the Constitution, but it is also secretly genius. See, when most scholars want to address Constitutional privacy rights, they tend to go to issues relating to sex and reproduction (anti-sodomy laws, abortion, contraception). Of course, these are the areas where Constitutional privacy rights are most directly discussed (along with the arguments that Constitutional privacy rights are a legal fiction in the first place), but they are also emotional and personal issues, and I think it is rare for an honest debate about abortion rights to stay at a rational and theoretical level where participants stick to issues of legal interpretation. In the bigger picture, that may be a good thing for humanity as a whole, but it makes for intellectually suspect analysis. When Wexler comes at the privacy issue from the angle of the Third Amendment, however, he sidesteps the emotion and frees himself to explore what the Constitution says and doesn't say (most people probably don't get overwhelmed by the emotions relating to private quartering of troops). In the same way, he can explore citizenship issues through Constitutional qualifications for the Presidency without the emotional land mines inherent in immigration debates, or equality issues through the prohibitions on titles of nobility, etc. I believe now that the Constitution is a much more fascinating document than I had thought before reading the book, largely because Wexler's tour shows me how much value and texture and nuance it has when it isn't being manipulated for political ends.

I definitely recommend this book for lawyers, but I also think it will make a great graduation gift for anyone heading to law school, or even a high school senior looking to take some government classes at the college level. Wexler is clear, thorough, engaging, and truly funny (that last part may depend a bit on the perspective of the reader, sorry - a joke about a hypothetical conservative majority banning NPR and compassion made me laugh out loud and share the exact wording with my fellow liberal friends, but I can see how Wexler's openly liberal perspective may grate on committed conservatives). Anyone interested in a meaty discussion of the Constitution will love this book.
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5 of 6 people found the following review helpful
5.0 out of 5 stars I learned a lot and laughed quite a few times. September 29, 2011
Format:Hardcover|Amazon Vine™ Review (What's this?)
A book about Constitutional Law that never mentions Jehovah's Witnesses: how refreshing! Leaving the well-trodden paths of the First, Fourth and Fourteenth Amendments, Wexler looks at some parts of the constitution that don't get much attention. The title might lead one to expect a collection of weird trivia, and there is some of that: Did Norman Schwarzkopf violate the constitution when he accepted a knighthood? How about Jerry Lewis and the French Légion d'Honneur? Do sonic booms violate the Third Amendment?

But there's a serious undercurrent, and Wexler uses these "Odd Clauses" to elucidate important points about different schools of thought on how to understand the constitution: "pragmatist" versus "textual", "maximalist" versus "minimalist." Some of the clauses that seem utterly trivial at first glance end up having significant and wide-ranging importance. The book is full of droll wit (reminiscent of Bill Bryson at his best), and I laughed out loud quite a lot (or, as the constitution might say, "from time to time"). It makes me wish I were a student at BU so I could take Prof. Wexler's classes.
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Most Recent Customer Reviews
5.0 out of 5 stars I never knew that before
The Odd Clauses, by Jay Wexler, provided a fascinating and very accessable journey through ten of The Constitution's more obscure provisions. Read more
Published 1 month ago by stanley olszyna
4.0 out of 5 stars A good value
The Odd Clauses by Jay Wexler is a fun, yet informative, book on the more obscure sections of the US constitution. Read more
Published 2 months ago by Lance B. Hillsinger
5.0 out of 5 stars Fun Facts From our ForeFathers
First, I hated History in school. Once you got past 100 BC I was bored and didn't do well. Especially hated American History. Read more
Published 4 months ago by Dinubabear
4.0 out of 5 stars I like the idea
I love the idea behind this book: focusing on some of the less known clauses in the U.S. Constitution. Read more
Published 13 months ago by Enjolras
2.0 out of 5 stars Promising idea, but too cute for me
I like the premise of this book. Much of the language of the US Constitution is hard for a 21st century layman to grok, and there are bits that are just plain confusing. Read more
Published 14 months ago by G. M. Arnold
5.0 out of 5 stars Tremendous
This is a tremendous book, calculated to make you see things in a different light. Professor Wexler has written a fantastic book and has a great sense of humor. Read more
Published 14 months ago by Reeves Ranger
3.0 out of 5 stars An Interesting Little Book
It's an interesting enough read because of the cleverness and intrinsic appeal of the subject. The author, unfortunately, has a craving to show-boat and which gets the way. Read more
Published 15 months ago by West End Al
2.0 out of 5 stars At least I didn't pay for it
An interesting topic takes shape in a book written in such a manner that I could scarcely stand to read it. Too many laughless attempts at humor for me to care about or recommend.
Published 15 months ago by Pharoah S. Wail
4.0 out of 5 stars Non metric
Jay wexler relates the current events of the nation like health bill reform to explain the workings of the constitution to the readers. Read more
Published 16 months ago by Himri
4.0 out of 5 stars entertaining read
An entertaining book marred only by the author's occasional inability to distinguish between when he is being funny (most of the time) and when he is just belittling people who... Read more
Published 16 months ago by ferrance
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