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5 - US Constitutional Law and History

from Part II - Historical Experiences

Published online by Cambridge University Press:  30 September 2019

By
Vicki C. Jackson
Edited by
Roger Masterman  and
Robert Schütze
Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

Although the US Constitution is quite short, it is also quite old. The structures it called forth – including the presidency, the bicameral Congress, the Supreme Court – survive, even as their relationships have evolved. Its brief provisions have also spawned a complex body of jurisprudence on many issues that has shifted over more than two centuries; there are now more than 560 volumes of the official ‘US Reports’, that is, of cases decided by the US Supreme Court.1

Type
Chapter
Information
The Cambridge Companion to Comparative Constitutional Law , pp. 113 - 140
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Bickel, A., The Least Dangerous Branch (Bobbs-Merrill, 1962).Google Scholar
Black, C.L., Jr., Structure and Relationship in Constitutional Law (Ox Bow Press, 1985 reprint) (originally Lousiana State University Press, 1969).Google Scholar
Brennan, W.J., Jr., ‘State Constitutions and the Protection of Individual Rights’ (1977) 90 Harv. L. Rev. 489.Google Scholar
Brest, P., ‘The Misconceived Quest for the Original Understanding’ (1980) 60 B.U. L. Rev. 204.Google Scholar
Ely, J.H., Democracy and Distrust (Harvard University Press, 1980).Google Scholar
Lawrence, C.R., ‘The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism’ (1987) 39 Stanford Law Review 317.Google Scholar
Scalia, A. et al., A Matter of Interpretation (Princeton University Press, 1997).Google Scholar
Siegel, R., ‘Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection’ (1992) 44 Stan. L. Rev. 261.Google Scholar
Sullivan, K., ‘The Justices of Rules and Standards’ (1992) 106 Harv. L. Rev. 22.Google Scholar
Sunstein, C., ‘Foreword: Leaving Things Undecided’ (1996) 110 Harv. L. Rev. 4.Google Scholar
Thayer, J.B., ‘The Origin and Scope of the American Doctrine of Constitutional Law’ (1893) 7 Harv. L. Rev. 129.Google Scholar
Wechsler, H., ‘The Political Safeguards of Federalism: The Role of the States in the Composition and Selection of the National Government’ (1954) 54 Colum. L. Rev. 543.CrossRefGoogle Scholar

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