Constitutional Theory: Arguments and Perspectives

This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties. Among the topics explored in the Third Edition of Constitutional Theory are:

• The relevance and significance of theory to constitutional adjudication in general;

• Theories of constitutional change;

• Theories of judicial review, including judicial activism and restraint, the countermajoritarian difficulty, the philosophical critique of judicial review, and the debate over judicial supremacy;

• Major sources and methods in constitutional interpretation, such as the text, framers' intent and the "new originalism," structure, precedent, and moral reasoning, and present controversies concerning their use;

• Major schools of jurisprudence that have contributed to constitutional theory, presenting and critiquing liberal, conservative, feminist, and critical race perspectives; and

• Alternative perspectives, including those from political science, in understanding constitutionalism and the historical development of constitutional theory.

Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.