Constitutional Law

Ackerman reinterprets constitutional experience, proposing a distinctly American model of interpretation that makes centuries of constitutional law coherent.

This text undertakes a holistic interpretation of the Bill of Rights, which Amar proposes was not originally counter-majoritarian but focused on the structure of government.

This text emphasizes the framers' indebtedness to English common law and explains how the Constitution is a continuation of the common law tradition, emphasizing Congressional dominance.

A collection of essays addressing the ideas underlying the Constitution and whether the Constitution can survive post-colonial thought.

Commonly used in introductory constitutional law courses for its description of the six forms of interpretative argument, this work explains how argument can legitimatize judicial review.

This work deals with justification, and explains how people have an important role in constitutional law and how our system depends on an exercise of conscience.

This controversial work examines eighteenth-century usages of key political and legal concepts and terms to reveal that the Founding Fathers intended a government with plenary, nationwide powers.

This work proposes and defends the thesis that the Constitution, which is written with abstract terms, should be read morally and that judges should be asking concrete moral questions.

This influential philosophy of law criticizes legal positivism and utilitarianism, while reconciling the perceived conflict between the ideals of liberty and equality.

This work argues that Congress and the Executive are an incomplete representation of the people and that the Supreme Court's ability to speak about justice is essential to non-majoritarian democracy.

This influential work sets forth a theory of the Supreme Court's role in society, policing the democracy by protecting the political process, minorities, and the Constitution.

This libertarian work restates the ideals of freedom that guide Western civilization and attempts to find a system that minimizes arbitrary coercion.

This work argues that Original Intent has been misunderstood by those who deny the natural law principles invoked by the Declaration of Independence.

This book raises the problems with the Constitution and how it promotes unjust, ineffective government, then calls for a constitutional convention founded on democratic ideals.

This work finds no historical foundation or justification for maintaining the doctrine of original intent, and shows the long history of judicial activism and constitutional reinterpretation.

In order to make democracy deliberate again, this work offers solutions to present day dilemmas in constitutional law, by arguing it is necessary to discontinue the practice of treating the status quo as neutral.

The critical work delves into the sociology of constitutional doctrine and whether it is necessary or possible to have a coherent constitutional theory.