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 changes in the Fourth edition:

All chapters have been updated to reflect the current state of constitutional theory; Completely new chapters on: constitutional change; conservatives and constitutional theory; progressives and constitutional theory; and the US Constitution and global constitutionalism; New editor Lawrence Solum produces a state of the art chapter on originalism.; Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.

A Teacher's Manual is available to professors.

An overview of the development of American constitutional theory -- Why constitutionalism? -- Judicial activism and restraint : the contemporary debate -- Theories of judicial review and judicial supremacy -- Originalism -- Structural reasoning -- Moral reasoning -- Precedent in constitutional adjudication -- Conservatives and constitutional theory -- Progressives and constitutional theory -- The U.S. Constitution and global constitutionalism.