What Constitutes a Constitutional Law
Constitutional law constitutes the essential rules and principles by which the federal government and the states operate in relation to one another, as well as the relationships between the government and its citizens. It is a fundamental aspect of the U.S. legal framework and, consequently, is a central topic studied in law schools and discussed in legal texts. The study of constitutional law involves interpretation of the primary text of the U.S . Constitution, which consists of some twenty-seven articles, clauses and amendments. Constitutional law also includes the consideration of highly relevant Supreme Court case precedent, which interprets the meaning of the Constitution in specific factual contexts. In other words, constitutional law is both a branch of procedural law and a branch of substantive law, creating a synthesis of exceptional significance in studying the course of American history and jurisprudence.
Topics to Consider When Searching for a Constitutional Law Book
A standard constitutional law book would set out the principles of constitutional amendments, which may broadly provide for a mechanism to amend the constitution and lay down the process for doing so. At the very basic level, a constitution is a set of rules that describes the structure of government and the rights of citizens in a country.
Constitutional amendments require a two-thirds majority of the legislature to pass. Some constitutions, however, will make specific provisions for a referendum for certain constitutional changes such that a referendum for these changes specifically must gain the approval of a majority of the electorate in a plebiscite.
The separation of powers is another topic in a standard constitutional law book that we would be familiar with. A separation of powers requires division of authority within a government into three branches: executive, legislative and judicial. This may indeed be necessary for any government to function. Thus, the constitution will define the powers and responsibilities of each branch.
The concept of judicial review is another important subject matter in any constitutional law books. Judicial review essentially refers to a court’s power of oversight to declare unconstitutional laws or executive actions that will have the effect of nullifying government action if found to be unlawful. A judicial review permits the judiciary, through the courts, to review the actions of the legislature and executive for constitutionality.
Governance of a state is also an integral topic. Principles relevant to the structure, system and functioning of government and government agencies are discussed, including the subject matters of federal-state relations, intergovernmental relationships, the role of the executive authority in formulating governmental policy, the role of a minister and ministerial responsibility.
Some constitutions empower the country’s Head of State with specific powers to exercise in instances such as amending the constitution or dissolving the legislature. It then becomes important to know the extent to which constitutional law limits the power of the Head of State of a country and the status of the Head of State before the courts.
As we may expect from reading a constitutional law book on the country’s Head of State, the chapters may detail the position of the Head of State, its powers and functions or even limitations on the powers of the Head of State.
Finally, we may not be surprised to read about the judiciary and the system of courts. A constitution may create and provide for the establishment of the courts of the country, court hierarchy, and appointment and removal of judges and regulation of their rules and procedures. To put it concisely, a constitution provides for the general composition and jurisdiction of the courts.
Picking a Constitutional Law Book
When selecting a constitutional law book, there are several factors to consider in order to ensure that the book will be a valuable part of your library. The author’s credentials should be examined carefully. It is extremely important to know the author’s educational background, research specialties and previous publications on constitutional law. Another issue to examine is whether there is previous edition available. Many times, new editions are not available. However, some books are extremely dated and have had some of their value lost. If a specific book is academically respected and the only edition available is a dated version, it is worth purchasing. In addition to this, consider the comprehensiveness of the text. Does the book adequately cover the subject matter? This is an important factor, especially if the reader is using the book as a textbook for a course. Some texts go into great detail while others merely skim the surface. It is often important to note is whether the book includes other sources which provide further analysis. Ideally, a good constitutional law book gives the reader an excellent overview of the subject, yet does not go into so much detail that the reader is overwhelmed. A balance between theoretical concepts and practical examples is ideal. Many times, people need to have a good grasp on practical applications of the law in order to be able to fully understand the theory. However, too many practical examples to the exclusion of theory is not a good idea either. Some texts are strictly theoretical in content and do not provide practical examples while others only provide examples without putting them into the context of theory.
Constitutional Law Books For Beginners
For those who are new to constitutional law, it is important that you choose books that are informative, yet simple enough to understand for those who are unfamiliar with the subject. With this in mind, here are some of the best beginner books on constitutional law:
Law and Government – A Very Short Introduction by Vincent Jones
Each "A Very Short Introduction" book in the series is just 3-5" thick, making it the perfect size to take with you wherever you go. This book is geared towards the general reader, but it is perfect for those who are just learning about the principles of law and government. As Vincent Jones delivers a condensed version of the history and principles of our government, he also provides commentary on how legal decisions reflect the political, social, and even economic conditions of the time.
The U.S . Supreme Court from the Inside Out – Five Chief Justices and The Moments that Made Them by Marcia Coyle
This is a little bit longer, but still provides a concise analysis about the Supreme Court. It focuses on five chief justices, beginning with John Marshall and ending with John Roberts. The author also gives readers a look at key decisions that helped shaped the Court and the Justice’s philosophy, providing a deeper look at how cases are decided.
American Constitutional Law: Introductory Perspectives by Robert M. Bloom and Mark S. Steinberg
This book contains case excerpts (and full cases) that can help students of constitutional law gain a full understanding of case analysis. Emphasis is placed on no single viewpoint, so students are free to develop their own views based on the information provided. There are also study questions at the end of each chapter to test your knowledge and to help reinforce your learning.
Constitutional Law Reading For Advanced Scholars
For those who wish to delve deeper into the subject, there is a number of more advanced constitutional law books that provide in-depth discussions of complex philosophical and legal theories. Some of these works are regarded as constitutional law "textbooks" for higher education students and for practicing lawyers who want to take their studies to a more productive level of understanding the law in context. Advanced readings in constitutional law may or may not be regarded as primary sources, depending to some extent on the depth of discussion and the analysis of the themes in each book listed here. The studies of Eric v. N. Keck and Christopher Dobson’s book are newer and more advanced in both legal and philosophical scholarly analyses. Here are additional recommendations for advanced reading in constitutional law: Erwin Chemerinsky, Constitutional Law: Principles and Policies (6th ed. 2019) Lumen Mulligan & Ronald Krotoszynski, Constitutional Law: A Contemporary Approach (2d ed. 2017) Donald P. Kommers & Russell A. Miller, The Constitutional Jurisprudence of the Federal Republic of Germany (4th ed. 2017) Martin H. Redish, Constitutional Law: Cases-Comments-Questions (8th ed. 2017) Christopher Hare, The New Constitutional Law: Law and Observation in the Modern Era (2017) Richard H. Fallon, Jr., Law and Legitimacy in the Supreme Court (2017) Richard Primus, The American Language of Rights (2017) Andrew Koppelman, Living Originalism (2017) Eric v. N. Keck, American Constitutional Law (2016) Christopher Dobson, Understanding Constitutional Law (2016) David S. Law & Mila Versteeg, The Declining Influence of Constitutions (2015)
Constitutional Law Books and How They Influence Legal Thinking
Beyond their content, constitutional law books have a profound influence on the way legal thought has developed and continues to evolve. Law books provide a platform for ideas about legal theory and practice to be processed, vetted, and disseminated. Moreover, the arguments they outline contribute to the framework within which legal practitioners develop and refine their thinking and strategies.
This interface between law books and the growth of legal theory is not limited to a single school of thought. In his foreword to the second edition of Professor Steven G. Calabresi’s book The Unitary Executive: An Essay in Presidential Theory, Judge A. Raymond Randolph provides the example of Thomas Jefferson’s 1796 book Notes on the State of Virginia. Justice Randolph wrote the following: "The Notes, moreover, had a significant impact on the 1787 Constitutional Convention. Many of the delegates were then engaged in corresponding with each other, and they considered Jefferson’s notes very seriously . Today, these letters are considered the primary source for our understanding of the ideological background of the Virginia Constitution, which would be adopted by the Philadelphia convention…"
With that impact in mind, it becomes important to remember that a law book is more than just one person’s opinion or personal interpretation. As a medium, a law book reflects the lawyer or legal scholar’s effort to interpret, distill, and transcend historical context, legal precedents, and judicial opinion, all while trying to influence legal thought and practice. Thus, law books transcend law offices, specializations, and even decades. Just as interpreting how law books have influenced the development of legal thought can tell us a lot about a field of law, so can tracing how historical legal thought continues to influence contemporary legal practice among law professionals.