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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Public law. Constitutional law --- Legal theory and methods. Philosophy of law --- United States --- Constitutional law --- Interpretation and construction --- Constitutional law - United States --- Etats-Unis --- United States of America

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Looking at Marshall's career on the Supreme Court where he was the first Afro-American Justice, this work describes his special approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty.

Judges --- Constitutional law --- Civil rights --- Biography. --- History. --- Marshall, Thurgood --- Marshall, Thurgood, --- Judges - United States - Biography. --- Constitutional law - United States. --- Civil rights - United States - History. --- African American judges

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Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. Politically, legislatures may be forced to act in one specific case (for example as a respond to a public outcry), but in doing so they risk violating the principles of the rule of law. Such legislative practice might lead to abuse of legislative power, inequality of citizens before the law, legal uncertainty, and weakening of the position of the courts. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands. Those who will benefit from this book are constitutional law/legislation/human rights academics, constitutional law practitioners, judges from constitutional courts, legislative lawyers and legislators. This book provides innovative and profound insights from a comparative perspective and is a valuable addition to library collections.

Public law. Constitutional law --- Comparative law --- European law --- Constitutional law --- Legislation --- United States --- Germany --- Netherlands --- Constitutional law - United States --- Constitutional law - Germany --- Constitutional law - Netherlands --- Legislation - United States --- Legislation - Germany --- Legislation - Netherlands --- Droit constitutionnel --- Etats-Unis --- Pays-Bas --- Allemagne

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Public law. Constitutional law --- United States --- People (Constitutional law) --- Judicial review --- Constituent power --- People (Constitutional law) - United States --- Judicial review - United States --- Constituent power - United States --- United States of America

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Federal government --- Constitutional law --- Public law. Constitutional law --- Political systems --- United States --- Droit constitutionnel --- Fédéralisme --- Etats-Unis --- Politics and government --- Constitution --- Politique et gouvernement --- Constitution. --- Federal government - United States. --- Constitutional law - United States. --- United States of America