Author Description

Constitutional Law in Context puts major constitutional developments into historical perspective by helping readers see how doctrinal developments were shaped by historical context and how historical developments affecting one doctrine often influenced other doctrines as well. Obvious examples include changes in commerce clause doctrine, substantive due process, and law related to race and gender. The chapter on incorporation shows how the framers of the amendment were influenced by denials of civil liberties that occurred during the crusade against slavery. The book illustrates the development of constitutional law over time, so that changes in the law can be related to changes in society. It reminds readers of that related changes often occur across a range of doctrinal ideas; for example, parallel changes occur in both commerce clause and substantive due process doctrine as a result of changes during the New Deal. Decisions relevant to race discrimination involve not only equal protection, but also the reading of the commerce clause as illustrated by the Supreme Court's Heart of Atlanta decision. This 2-volume set also contains materials on constitutional decision-making outside of the Supreme Court. These include materials on the Clinton impeachment, examples from free speech history, and state cases interpreting state constitutions. Finally, it is designed to assist students in understanding and formulating constitutional arguments. The authors identify and discuss forms of constitutional argument—such as arguments based on text, history, or structure—and provide charts and diagrams to assist students in understanding the logical structure of constitutional analysis.