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The Oxford Introductions to U.S. Law: Constitutional Law presents
an accessible introduction to the enduring topics of American
constitutional law, including judicial review, methods of
interpretation, federalism, separation of powers, equal protection,
and individual liberties.
One of the most important functions performed by the American
Constitution and the more than two centuries' worth of cases
interpreting it is the allocation of decision-making. Professor
Dorf and Professor Morrison frame many of these constitutional
debates with this question of authority. When should courts rule
that the Constitution takes some issue outside of the domain of
ordinary politics? Should courts referee disputes between the
branches of the federal government? Should they referee disputes
between the states and the national government? Using what
standards?
This introduction to American constitutional law critically
examines the work of the Supreme Court of the United States, which
has resolved thousands of constitutional controversies based on the
shortest national constitution on the planet. The authors also look
beyond the Supreme Court, exploring the arguments for and against
judicial review and various versions of popular constitutionalism.
The Supreme Court's decision in the Health Care Case, NFIB v.
Sebelius, gripped the nation's attention during the spring of 2012.
No one could have predicted the strange coalition of justices and
arguments that would eventually lead the Court to uphold the
Affordable Care Act's principal provisions. The constitutional case
against the ACA was originally written off as frivolous, but after
oral argument at the Court, many predicted that the unthinkable had
now become likely. When the Supreme Court delivered its complicated
and fractured decision, it offered new interpretations to four
different clauses in the Constitution. This volume gathers together
reactions to the decision from an ideologically diverse selection
of the nation's leading scholars of constitutional, administrative,
and health law. They offer novel insights into the meaning of the
health care decision for President Obama, the Roberts Court, and
the debate over constitutional interpretation.
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