American Constitutionalism: From Theory to Politics

(Paperback)

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This is an introduction to constitutional theory, aimed at both scholars and an informed lay audience. The author surveys the theoretical issues raised by judicial practice in the United State since the 1960s, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars. At the same time, the text also advances an argument about the distinctive nature of American constitutionalism, regarding it as an instance of the interpenetration of law and politics. The work also devotes attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

Reviews

One of Choice's Outstanding Academic Titles for 1997 "Steven M. Griffin...has written an excellent introduction to American constitutional theory that not only provides an overview of the legal academy's major contributions to constitutional theory, but also incorporates significant findings of political science and historical research on both American political development and judicial behavior...American Constitutionalism is a compelling work, one that admirably integrates disparate fields of inquiry and produces an energetic view of constitutional theory. It makes a significant contribution to constitutional theory and could set the agenda for a wide array of explorations into the normative and empirical dimensions of constitutional politics."--Douglas S. Reed, The Law and Politics Book Review "[As] Stephen Griffin lucidly argues, the court has never managed to follow a consistent interpretative approach for long... What cleverly emerges from Mr. Griffin's account is a view of the court not as the final arbiter on constitutional questions, but as only one element in a tripartite system of government designed to divide power and create friction between the three branches."--The Economist

Author Bio

Stephen M. Griffin is Professor of Law at Tulane University.