Constitutional Law

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Without question, the best Con Law book available
Essential for Con Law
Greatest book ever.
A Must for Difficult Con Law Classes
The best ConLaw supplement ever

Constitutional Law: Principles And Policies (Introduction to Law Series)
Erwin Chemerinsky
Manufacturer: Aspen Publishers
ProductGroup: Book
Binding: Paperback

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ASIN: 073555787X

Book Description

Written by leading scholars, each title in the "Introduction to Law" series contains comprehensive treatment in black-letter style. Featuring footnotes citing to case law, statutory and other authorities, these volumes are ideal for in-depth research on particular issues and points of law.

Customer Reviews:

Without question, the best Con Law book available.......2007-06-23

It is hard to add to what the previous reviewers have stated. Howecver, simply adding another confirmation to a prior review would not do this book justice. Therefore, I felt compelled to write a seperate review.
Without this book, I would not have passed Con Law.

This is indeed an excellent book in that it puts the different parts of the subject into context. The author does a great job of clearly trying to explain what the reasoning is behind the concepts and how the whole subject is supposed to fit together. Unlike most other books, the author actually is successful in doing this - so by the time a chapter is finished, the reader has a very good grasp of the topic.

Essential for Con Law.......2007-05-23

I cannot say enough good things about this book. Chemerinsky takes the most difficult and complex con law issues and explains them with such clarity: "this is what the court said...this is what it means." I had a great Con Law professor, but I doubt I would have passed without Chemerinsky. In fact, I bought this book because my professor told me she refers to it when she wants to brush up on a particular issue.
Further, this is a book you'll want to keep. Substantive due process, equal protection, and other con law issues pop up in most areas of law. You'll be glad to have this book handy when they do.

Greatest book ever........2007-05-19

I stopped reading my Con law casebook about 2 weeks into class and started reading this instead. This book saved me from certain failure in this class. The single best thing about this book is that he puts everything in context. I think failing to connect the dots and understand how concepts are related to each other is what makes this course so difficult. Erwin is the man!

I used the older edition, which worked out just fine and was much cheaper.

A Must for Difficult Con Law Classes.......2007-05-13

Chemerinsky's assessment of constitutional case law is brief, clear and easy to read. The book itself is beautifully structured and contains every critical case up to 2006.

Only one Caveat: Chemerinsky is a highly lauded and respected Constitutional scholar, but his viewpoint is his own and it comes out in his case redaction and descriptions. Chemerinksy is perfect for tying the bigger picture together, but it always is a good idea to read the cases yourself.

The best ConLaw supplement ever.......2007-05-13

This supplement is saving my life this quarter. It was highly recommended to me and I highly recommend it to all first year law students. 2Ls and 3Ls taking advanced ConLaw classes also might find it useful as he includes course material from those classes.

Our Constitution: What It Says, What It Means

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Our Constitution by D. A. Ritchie

Our Constitution: What It Says, What It Means
Donald A. Ritchie , and JusticeLearning.org
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Hardcover

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ASIN: 0195223853

Customer Reviews:

Our Constitution by D. A. Ritchie.......2006-11-10

Absolutely the finest book I have ever read on this subject. In addition to examining each article and each amendment, Ritchie provides complementary historical information as to the reasons for each article and the way it has been developed and used over the years. This book is truly a treasure chest of fascinating American history.

Constitutional Law (University Casebook Series)

Average customer rating:

Magisterial work, continuing a long tradition
great!
A Comprehensive View of Constitutional Law
Repetitive and Too Big
Terrible Editing

Constitutional Law (University Casebook Series)
Kathleen M. Sullivan , and Gerald Gunther
Manufacturer: Foundation Press
ProductGroup: Book
Binding: Hardcover

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ASIN: 1587787768

Book Description

Now in its 15th edition, Sullivan and Gunther's "Constitutional Law" is one of the leading casebooks on the subject.

This thorough treatment of constitutional law focuses on three core areas -- The Judicial Function in Constitutional Cases, The Structure of Government, and Individual Rights.

The new edition has been updated to include recent major Supreme Court decisions, as well as expanded materials on executive power, military tribunals and separation of powers in the war on terrorism.

Customer Reviews:

Magisterial work, continuing a long tradition.......2007-05-20

This version follows in the wake of a long tradition of excellence. This work began as an edited Con Law text, created by Noel Dowling, in 1937. In the 1960s, what had formerly been Dowling alone became Dowling and Gunther. As Gerald Gunther did more of the work, it became known as Gunther and Dowling (the way the authors were ordered when I first acquired a copy in graduate school). Later, Gunther became listed as the sole editor. Now, Kathleen Sullivan has stepped in to be listed as co-editor of this esteemed, long-lived volume.

And it continues to be one of the best texts in Constitutional Law. Several issues make this an excellent volume (especially for law school students). One, it covers a great deal of material. There are myriad cases (normally, nicely edited so that one gets a large number of cases--but for which there is enough of the Court's opinion to make the logic of the Justices intelligible).

Two, there is plenty of context provided for major cases. For instance, after the presentation of the Court's opinion in "Marbury v. Madison," there are a number of snippets exploring the history of judicial review, the controversy over the Court's claim that it could strike down laws as unconstitutional, and so on.

Three, after key cases, there are a host of follow up questions to get the reader thinking about the implications of the decision. These questions, themselves, are an important part of this (and many other) law school textbooks (whether Con Law, Environmental Law, Administrative Law, etc.).

Once more, this text is one more edition that contributes to the legacy of Noel Dowling's original volume, produced first back in the 1930s. After plowing through this fat volume, people who persevere will have a much more nuanced and intelligible understanding of the Constitution.

great!.......2007-02-16

This new copy came in in less than two days and was still cheaper than the bookstore's used copies.

thanks

A Comprehensive View of Constitutional Law.......2006-10-21

Kathleen M. Sullivan edited CONSTITUTIONAL LAW as a law school text. This book is indeed comprehensive, and Miss Sullivan presents both older cases to give readers a background of more recent cases. This book gives readers considerable legal thinking.

Miss Sullivan gives the reader both comprehensive presentations of the cases plus a historical background of the thinking that the "Founding Fathers" used in writing and defending the United States Constitution. Such background is useful to historians, legal scholars, and practising attornies. This material is detailed but important for those who want more than a superficial understanding of the Constitution.

Two cases that are cited in this book that impressed this reviewer were GITLOW VS NEW YORK (1925) and THE WEST VIRGINIA STATE BOARD OF EDUCATION VS BARNETTE (1943). While these cases are mentioned in other legal texts, the other texts do not give the verbatum opinions of the justices. For example, Miss Sullivan cites Justice Sandford's opinion in the cased titled GITLAW VS NEW YORK which is important. One must note that Justice Sandford's acknowlegement that the first paragraph of the Fourteenth Amendment applied the Bill of Rights to the states is crucial in understanding why unconsitutional state laws can be successfully challenged. Readers should read this opinion to have insight into "The Incorporation Doctrine." She also cites Justice Jackson's majority opinion in the case titled THE WEST VIRGINIA STATE BOARD OF EDUCATION VS BARNETTE which was rendered in 1943, in the middle of World War II. This opinion is an articulate expression about compelling those who dissent to agree with established opinion. Some folks are shocked when jurists rule against school authorities who attempt to compel students to say the Pledge to the Flag. They would be less surprised if they read this opinion. One should note that Miss Sullivan gives a good historical background to these cases.

Miss Sullivan's CONSTITUTIONAL LAW should be compared to John E. Nowak's and Ronald D.Rotunda's book also titled CONSTITUTIONAL LAW. Both texts are comprehensive and helpful to those who are interested in Constitutional Law. Another useful text is Terry Eastland's book titled FREEDOM OF EXPRESSION IN THE SUPREME COURT. For those who may find Miss Sullivan's book "too big," Eastland's book is easier to read.

Some reviewers critisized Miss Sullivan for "leftest bias" (whatever this phrase means). This may be true, but this reviewer did not detect such bias. If there is such bias, comparisons with other law texts will help those interested in making such comparisons.

While Miss Sullivan's CONSTITUTIONAL LAW is not "perfect," this text is comprehensive and useful. Kathleen Sullivan and John Gunther did a credible job in giving the interested student a thorough examination of Constitutional Law which many have argued has taken a beating recently.

Repetitive and Too Big.......2006-05-18

This massive back-breaker of a casebook is seriously in need of major editing. The cases were frequently repetitive and exhaustive about minute details. The editor would make a point, the following case would repeat it twice, and then the editor would again repeat it following the case.

Another thing that made the book so unpleasant to read was its open-ended, inquisitive writing style. Sometimes the notes following a case would be nothing but paragraphs of questions. So what is the significance of the case? So what does it all mean? Would it have mattered if fact X was fact Y instead? Questions to make you think are great, but they also slow your reading down. Yes, the material is interesting, but I don't have time to rub my chin and ponder the ins, outs, what-ifs, and maybes of every case, especially when I have 50 more pages of the same due that night.

If you have a sharp Con Law professor who assigns very specific parts of the book and is able to cut through all the repetition, then the book would likely be a strong supplement to your classroom experience. Unfortunately, my professor was HORRIBLE, and lazily assigned huge reams of reading, with almost no follow-up discussion.

Terrible Editing.......2006-03-30

The whole point of buying casebooks like this is to have handy a collection of the most pertinent points of relevant cases presented in an effective manner that makes sense. That said, Sullivan (who FAILED the CA bar exam) does a horrible job editing, and fails to make a decent casebook.

Many of the cases in this book are either significantly under-edited, leaving you to wallow through the entirety of all or almost all of the opinions, with no focus whatsoever.

The rest are merely noted in brief paragraphs, oversimplified and summarized beyond recognition, glossing over major Constitutional turning points (especially so in the sections on the incorporation doctrine and reproductive rights). Sullivan especially oversummarizes and oversimplifies Rehnquist and Scalia's opinions in an unhelpful manner (displaying her extreme left-leaning).

The most telling sign of the poor editing is the very size of the text. It is massive. It is no surprise that inside Sullivan utterly fails to make her points succinctly or directly.

Chances are, if you are reading this, you HAVE to buy this book for a class. Woe be to you. Settle for a cheaper, used, old edition of this texgt, and go buy yourself a decent outline.

Sexuality, Gender and the Law (University Casebook Series)

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Sexuality, Gender and the Law (University Casebook Series)
William N., Jr. Eskridge , and Nan D. Hunter
Manufacturer: Foundation Press
ProductGroup: Book
Binding: Hardcover

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ASIN: 1587783355

Book Description

Eskeridge and Hunter's Sexuality, Gender and the Law provides detailed information on the sexuality, gender, and the law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Unchecked and Unbalanced: Presidential Power in a Time of Terror

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Responsibly Written - Well Researched
The right people to ring the alarm bells

Unchecked and Unbalanced: Presidential Power in a Time of Terror
Frederick A. O. Schwarz , and Aziz Z. Huq
Manufacturer: New Press
ProductGroup: Book
Binding: Hardcover

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ASIN: 1595581170

Book Description

A scathing portrait of contemporary executive power run amok, by the author of the original 1976 Church Committee report on executive abuse. "In thirty-four years, I have repeatedly seen an erosion of the powers and the ability of the president of the United States to do his job."—Vice President Dick Cheney Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a "secret presidency" run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, "extraordinary renditions," secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Customer Reviews:

Responsibly Written - Well Researched.......2007-05-24

The authors documents how the Bush Administration, in an effort to fight terrorism, has side-stepped the constitution, circumvented the Geneva Convention, and broken countless other laws. The authors describe how the net result is an erosion of the moral character of America, which, in the long run, is counterproductive in the war on terror.

The right people to ring the alarm bells.......2007-05-07

Frederick A.O. Schwarz Jr. is senior counsel at the Brennan Center for Justice at NYU School of Law and a partner at Cravath, Swaine & Moore. He was chief counsel to the Church Committee. Aziz Z. Huq is associate counsel at the Brennan Center and previously clerked for the U.S. Supreme Court. This is a book you will not be able to put down, in which they demonstrate and document how the Bush administration has gone further than Nixon or Reagan ever dreamed to create a monarchical presidency with the acquiescence of a complicit Congress and a cowed judiciary.

We the Kids: The Preamble to the Constitution of the United States

Average customer rating:

Nice!
FREEDOM RULES OR RULES FOR FREEDOM
Super discussion starter!
Disappointed
What It All Means.....

We the Kids: The Preamble to the Constitution of the United States

Manufacturer: Puffin
ProductGroup: Book
Binding: Paperback

Law & Crime | Reference & Nonfiction | Children's Books | Subjects | Books

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ASIN: 0142402761

Amazon.com

Sooner or later, just about every American kid is required to memorize the Preamble to the Constitution of the United States. And until now, it was one of the more boring, meaningless assignments. But artist and political cartoonist David Catrow (Stand Tall, Molly Lou Melon) has changed all that with his witty, clear-as-a-Liberty-Bell picture book. For him, the Constitution is "a kind of how-to book, showing us ways to have happiness, safety, and comfort." With laugh-out-loud cartoony illustrations, and the actual words of the Preamble as the only text, Catrow depicts a camping trip taken by a diverse, bumbling group of friends, demonstrating the rights and responsibilities the Constitution places on all Americans, young and old. In one especially winning picture, the kids' long-nosed, long-eared pooch provides "for the common defense," keeping lackadaisical guard over the camp as the three human friends yuk it up in silhouette inside the tent. Readers will never yawn at mention of the Constitution again! (Ages 8 to 12) --Emilie Coulter

Book Description

A long time ago some smart guys wrote the Preamble to the Constitution. You have probably read it before, but do you know what it means? And did it ever make you laugh? Now it will! Perfect for inspiring discussion in classrooms and around kitchen tables, this fun-filled and cheerfully illustrated look at the Preamble provides an accessible introduction to America's founding ideals for citizens of all ages.
Includes a glossary of terms and a foreword by the artist.

Customer Reviews:

Nice!.......2006-01-05

I haven't read this book in a long time, but I plan on picking it up on my next visit to the library!
I love the illustrations, so funny! The kids on the cover, too!
If you like this book, I suggest The Kennedy White House, 1961-1963!

FREEDOM RULES OR RULES FOR FREEDOM.......2005-09-17

As a librarian, I recommend this book for everyone from 5 to 105. All right, this is actually a picture book that depicts some wonderful insights into our freedom and basic tenets of this great nation from a child's viewpoint. The hilarious illustrations by David Catrow will delight readers of all ages and will be fun for those who are not even studying the Constitution. For those students who are studying the Constitution, this book would be a great visual aid to memorizing the Preamble. I have not met a teenager who didn't enjoy a quick read in a great children's picture book. Teachers: Why not reduce your stressed out students and let them begin their studies with this light-hearted look into some very serious words? Buy a couple of copies and circulate them through the class. Everyone will love them. For the younger reader, ESL or special ed student there is one page explaining the basic meaning of these words and another page and a half explaining why anyone bothered to write the Constitution of the United States. It's ALL GREAT!

Super discussion starter!.......2003-05-18

This fun book helped me to reach my fifth grade class in a way their social studies text never would have! Catrow finds a way to take the elegant (and sometimes difficult to translate into kid-talk) language of the Preamble and not only make it simeple to understand, but really helps put the kids right in there.

He makes it clear that this is a document for all Americans, not only including kids, but maybe especially for kids.

His buddy 'Bubbs', is pictured throughout so even the less than interested can be drawn in by finding the dog...

So glad I found this!

Disappointed.......2003-04-03

My husband who is off fighting for the Constitution sent this book to our daughter. If he had not sent it, I would want a refund. My daughter and I sat down to read the book together. She thought the drawings did not match the words and thought the author still did not like the Preamble. (HE makes mention in the begining that he was forced to think about the Constitution). There was no inspiration from this book and she hasn't picked it up again. The pictures are not exciting to children and only vaguely connect to the words. She loves the Freedom Rock version of the Preamble and and really enjoys Lynn Chaney's "America A Patriotic Primer", so I understand why he made the purchase, however it is not inspiring or uplifting or interesting.

What It All Means............2002-08-07

As David Catrow tells us in his introduction, "...For me, the Constitution is a kind of how-to book, showing us ways to have happiness, safety, and comfort...", and he uses his immeasurable talents as an artist and cartoonist to teach an inspirational and unforgettable lesson that is sure to open interesting discussions at home and school. Following a glossary of what the actual words in the Preamble of the Constitution mean, (e.g. "IN ORDER TO FORM A MORE PERFECT UNION: To come together and make things better for everyone who lives in our country. INSURE DOMESTIC TRANQUILITY: To make sure we can all have a nice life and get along with one another. TO OURSELVES AND OUR POSTERITY: For kids, parents, other grown-ups, and all the people born in our country after we are."), Mr Catrow details the meaning of these important ideals, phrase by phrase, using his marvelously bold and busy cartoon illustrations. Each two page spread is a clever feast for the eyes, rich in engaging details, manic energy, and droll humor. Perfect for youngsters 8-12, We The Kids is a witty and memorable treasure, and one of the real winners of 2002 that shouldn't be missed.

Constitutional Law and Politics, Sixth Edition, Volume 2

Average customer rating:

NICE WORK IF YOU CAN SEE IT

Constitutional Law and Politics, Sixth Edition, Volume 2
David M. O'Brien
Manufacturer: W. W. Norton & Company
ProductGroup: Book
Binding: Paperback

Constitutions | Government | Nonfiction | Subjects | Books

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ASIN: 0393925668

Book Description

Now in its Sixth Edition, Constitutional Law and Politics is the authoritative casebook for the study of the Supreme Court and its role in politics past and present. This comprehensive text presents a wide range of excerpts and opinions from the most significant Supreme Court cases and provides the contextual material students need to interpret their historical significance. The Sixth Edition adds material on dozens of important recent cases, current through June 2004, and features carefully updated and refined pedagogy.

Customer Reviews:

NICE WORK IF YOU CAN SEE IT.......2007-02-23

Professor O'Brien must surely be making valuable contributions with his numerous works, and this one should have been most helpful to me. But he or his publisher have opted for pretty, pale grey print -- almost impossible for middle-aged eyes to read without strain. I had ordered five of his books from Amazon and reluctantly returned them all.

Rulemaking: How Government Agencies Write Law and Make Policy (Rulemaking: How Government Agencies Write Law & Make Policy)

Average customer rating:

I finished with more questions than answers.

Rulemaking: How Government Agencies Write Law and Make Policy (Rulemaking: How Government Agencies Write Law & Make Policy)
Cornelius M. Kerwin
Manufacturer: CQ Press
ProductGroup: Book
Binding: Paperback

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Administrative Law in the Political System

ASIN: 156802780X

Book Description

Rulemaking is the single most important function performed by agencies of the government. Cornelius Kerwin shows us why this is the case with the third edition of his important and highly regarded text.

Calls for smarter, cheaper, yet more accountable government increasingly affect the definition and implementation of public policy in the United States. Kerwin argues that while Congress and the president provide the general framework for the government's mission, rulemaking fills in the myriad details that define the law and delineate how each agency carries out its specific responsibilities. It is no wonder that so much intense political activity surrounds rulemaking. The third edition--comprehensively revised with new research, incorporation of recent scholarship, and fresh analysis of the George W. Bush administration's impact--is an invaluable guide to navigating the ins and outs of this important process. This unique and accessible book contains the most current and accurate information available on a crucial yet under-studied subject.

What's new?

<ul>

Survey research - further examination of public participation, including an update of the interest groups' involvement survey, shedding new light on the tactics used to influence rulemaking</li>

Data - up-to-the-minute figures on the volume of rulemaking and related actions </li>

Recent developments - alterations of rulemaking procedures in response to actions by Congress, the president, and the courts, as well as treatment of efforts by the Bush White House to direct and manage aspects of the process</li>

Expanded treatment - new information on the systems that agencies devote to management of the rules, along with additional insight on "electronic rulemaking"</li> </ul>

Customer Reviews:

I finished with more questions than answers........2003-02-25

I am on an endless quest, it seems; to find a book on the administrative state that is informative while being at least mildly enthusiastic about its subject. This book starts out enthusiastic. This book certainly started with enthusiasm. The first chapter, in fact, is devoted to convincing us why the administrative state is a superb American invention (a view I do not always share!) Chapter 5, which is devoted to public participation in the Admin. state also bubbles with giddiness.

Like a horse on crack-cocaine, though, this book stars with gallant speed, slows down fast and ends with an mild gasp. I'm sure this was not the authors intention. There are two main reasons. First, as the book is structured so that each chapter examines another area of admin. state rule making (oversight from the 3 branches, rulemaking structure, inherent paradoxes of the process) the first two chapters, which are almost overviews of the rest of the book, builds up high expectations. For example, when the first chapter lightly nibbles at rulemaking's structural issues, tow paragraphs in we are told that we will need to wait untill another chapter for a discussion. The author does this repeatedly throughout the book, thus leaving the reader in a constant hang.

The second reason for the flickering finish of the book is that, and unfortunately as with most admin. state books, not much save for completely varied anecdotal information is offered. How are rules written, the book asks; it depends on the administration, it answers. What about modes of public participation and debate? Depends on the rules of the comission. After a while, its almost pointless to read the next chapter as we begin to guess the answer to each question posed.

The reason, though, for the three stars is this: Chapter 1 (on justifications for the admin. state), Chapter 3(paradoxes inherent in the rulemaking process) and Chapter 7 (the role of theory in rulemaking and its reform) are actually decent and informative chapters. Vagueness aside, they do provide useful anecdotes. Also Chapters 3 and 7 present ideas, discussions and points that are all but ignored in other books on admin. state rulemaking. Buy the book, read those 3 chapters and maybe skim the rest.

A Brilliant Solution: Inventing the American Constitution
Average customer rating:

A Reflection of the Past

Not recommended

Nicely Done.

Not Brilliant but Worth the Read

an engaging and important book

A Brilliant Solution: Inventing the American Constitution
Carol Berkin
Manufacturer: Harvest Books
ProductGroup: Book
Binding: Paperback

General | United States | Americas | History | Subjects | Books
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Hardball : How Politics Is Played Told By One Who Knows The Game

ASIN: 0156028727

Amazon.com

"The majority of historians seem to suggest that the founders knew just what to do--and did it, creating a government that would endure for centuries," writes CUNY historian Carol Berkin in the introduction to A Brilliant Solution. Sitting atop the pedestals we've placed them on, these figures would be "amused" by such notions, she says, because in reality the Constitutional Convention was gripped by "a near-paranoid fear of conspiracies" and might easily have succumbed to "a collective anxiety" over its daunting task. The story of the birth of the U.S. Constitution has been told many times, perhaps best by Catherine Drinker Bowen in Miracle at Philadelphia. Berkin's rendition of these well-known events is clear and concise. It does a bit more telling than showing, but this seems to be in the service of brevity--the main text is only about 200 pages. (Another 100 pages of useful appendices follow, including the full texts of the Articles of Confederation and the Constitution, plus short biographies of all the convention delegates.) Berkin is an opinionated narrator, unafraid, for instance, to call Maryland's Luther Martin "determinedly uncouth." She also points out that American government has evolved in ways that would make the founders cringe: they believed the presidency would be a ceremonial office (rather than the locus of the nation's political power) and that political parties were bad (when, in fact, they have served democracy well). Readers who want a sure-footed introduction to America's founding would do well to start here. --John J. Miller

Book Description

We know--and love--the story of the American Revolution, from the Declaration of Independence to Cornwallis's defeat. But our first government was a disaster and the country was in a terrible crisis. So when a group of men traveled to Philadelphia in the summer of 1787 to save a nation in danger of collapse, they had no great expectations for the meeting that would make history. But all the ideas, arguments, and compromises led to a great thing: a constitution and a government were born that have surpassed the founders'
greatest hopes.
Revisiting all the original documents and using her deep knowledge of eighteenth-century history and politics, Carol Berkin takes a fresh look at the men who framed the Constitution, the issues they faced, and the times they lived in. Berkin transports the reader into the hearts and minds of the founders, exposing their fears and their limited expectations
of success.

Customer Reviews:

A Reflection of the Past.......2007-03-15

In light of current events that occurred after the turn of the century, the presidential election of 2000 and the US Pentagon and World Trade Center disaster, Carol Berkin laments on those events as well as her life as a historian, and responds by reflecting on the historical past with her book, A BRILLIANT SOLUTION: INVENTING THE AMERICAN CONSTITUTION. She revisits the US Constitution with the present in mind, but reflects on the past with a critical eye. For example, Berkin asks one of the most frequently asked questions to arise in recent times, what would the Founding Fathers do?

Berkin succinctly provides answers with her examination of the Founding Fathers and state delegates who helped comprise and create of one of the most significant documents in American history. The book is not meant to be a comprehensive examination, but a concise narrative that describes the inception of the Constitution, which began with the Articles of Confederation, and includes a vicissitude of discussion, which reveals the impassioned activity and skepticism that occurred in the writing of the document that even the Founders did not think would succeed. With her dramatic discussion surrounding the events of the writing of the Constitution, Berkin contains a character sketch of the key framers that intimately describes their intellect as well as their quirks and eccentricities. From personal squabbles to triumphant cooperation, it is amazing that everyone came out of the experience alive.

The biographical sketches after her discussion spotlights each delegate and their unique personal qualities. Most of the delegates attained their education through prominent universities at home and abroad, and came from distinguishable families. But for those who did not, they came from modest upbringings and backgrounds, which ran the gamut of artisans, agrarians, and merchants. Upon reading through each synopsis, several of the names rear close to home in terms of Virginia history, from the famous George Washington to the eminent George Wythe; as a teacher at the College of William and Mary, Wythe "trained Thomas Jefferson, James Monroe, and John Marshall in the law" (248).

A BRILLIANT SOLUTION reads like an essay with its compact and reader friendly format. For the casual history reader, the book is a welcome introduction to the US Constitution and those who helped construct the foundations of American society, which included the rights for individuals as interpreted through governmental laws. Overall, this book stresses the importance of understanding the present through a historical perspective.

Not recommended.......2007-01-05

Decent book as a popular history but for anyone who wishes to go further...Berkin cites absolutely no sources in the text! She could be making this stuff up for all we know. There is a 3 page "Note on Sources" towards the end of the book but it is just a short bibliography, not a list of citations. Not recommended.

Nicely Done........2005-12-20

If you are looking for a short, understandable compendium of how the US Constitution evolved, then this is the book for you. Carol Berkin has done a very good job of putting these critical deliberations, the pros and the cons, forward in layman's terms. Better yet, the prose is clear, crisp and incisive. This is a succinct volume in which every word counts, so you will probably want to read it through more than once.

The story of our Constitution is really quite amazing. None of those who helped write it, who agreed with it or fought against its adoption ever thought they were forging a document that could possibly be so enduring. Many of the central issues the original framers debated, argued and fought over, such as States rights vs. a national, central government, remain critical issues today. More importantly, these issues are debated just as intensely today as when the original framework was set up.

You will enjoy this well written work. Ms. Berkin communicates well with her readers, does not appear to have an interpretative agenda, and does quite a good job at enabling the reader to become more conversant regarding the central document upon which our republican form of government is founded. Most of all she will leave you with an enthusiasm to learn more.

Not Brilliant but Worth the Read.......2004-05-06

Like so many elements of history, there is rampant ignorance or misunderstanding among the American public regarding the origins of our Constitution. Sadly, a significant majority surely have no concept whatsoever of the failed initial attempt at a United States government. More significantly, among the historically literate outside academic circles, there has been a common misperception of our Framers as a set of omniscient statesmen who shared a clear view of the ideal government and crafted a structure that remains unchanged in its essentials to this day. The purpose of Berkin's book is, through a focus on the papers of constitutional convention delegates, to provide insight into the reality behind these myths.

Her theses can be summarized primarily as follows: 1) the process by which the constitution was written was one involving sharply differing views, particularly as to the sharing of power between the individual states and the national government, substantial uncertainty and pessimism regarding the document's capacity to forestall tyranny and a great deal of compromise from strongly held principles, and 2) the character of the current US federal government would astonish the Framers in certain areas, most notably in the greatly expanded powers of the presidency.

Berkin makes a compelling case for both theses through her narrative discussion of the drivers behind the scheduling of the convention, the twisting progress of debate during the sixteen weeks in session, the fierce fight for ratification by the states and the inauguration of Washington as our first president. The major strength of the work is the illumination of the key roles played by delegates such as Gouverneur Morris, James Madison, James Wilson and Roger Sherman. Interesting anecdotes abound, such as the amorous successes of the one-legged Morris ("He scandalized the convention's proper New Englanders by his open philandering, although he won the admiration of the more worldly New Yorkers and South Carolinians, who marveled at the success in the boudoir of this fleshy middle-aged man hobbled by a wooden leg."), the alcohol-induced tirades of Luther Martin ("The nationalists were fortunate that Luther Martin did not do battle with them in a sober state") and the surprising nervousness of Washington during his inaugural address ("His hands trembling and his voice unsteady, ..." ).

The book is not without its weaknesses. On the quibbling end of the scale, the editing in several places leaves something to be desired. There are several instances of repetitive diction in juxtaposed sentences and the biographical snapshot of Charles Pinckney contains an obvious editing error. A more important shortfall is found in the overall style of the writing. While Berkin writes with admirable clarity and economy, her utilitarian approach lacks the literary style and flair for communicating the drama of great events found in the work of popular historians such as David McCullough and Barbara Tuchman. In those rare cases where she ventures into more dramatic narrative, her effort comes off as somewhat contrived and incongruous with the rest of the work.

Regarding the content of the book, its chief shortfall is the puzzling treatment of the role of Washington in the debates and, more importantly, in the ratification battles. Berkin makes it very clear that Washington privately was keenly supportive of the nationalists' agenda during the debates and of the resulting constitution that was submitted to the states for ratification. She also notes his unparalleled prestige in the fledgling country and the tremendous potential for influence that this implied. Despite this combination, Washington apparently played little or no role in the contentious debates. When, apparently for the first time during the entire sixteen weeks, he finally rises to express an opinion regarding a relatively minor change on the convention's final day, Berkin rather blandly explains that "up until this moment, he had felt his position in the president's (of the convention) chair required his silence." It seems difficult to believe, notwithstanding his procedural scruples, that he did not exert some degree of influence on key issues of disagreement, even if he chose the channel of private conversation and lobbying over public speech. The unexplored issue screams for further attention during the tenuous ratification process. Berkin states that "the usually stoic Washington made no effort to disguise his hopes for ratification. `I never saw him so keen for anything in my Life,' a Virginian told Thomas Jefferson." Yet there is no discussion of his active involvement in the ratification fight. Not even the crucial and hard fought battle in his home state of Virginia, an essential member for a viable United States, appears to have moved him to action. She strongly implies that Washington had the power to ensure approval yet does not explain his apparent unwillingness to do so. This seems an important omission.

Notwithstanding these faults, this is an enjoyable and educational read. It is certain to excite the reader's interest in exploring the lives of some of the more colorful delegates and, at a time when the United States is engaged in a very challenging effort to build a representative constitutional government in Iraq, it provides a reminder of the painful, challenging and contentious birthing process of our own polity.

an engaging and important book.......2004-04-01

Civics class ranked among the most horrendous when I was a student, compared to art studio, gym or field biology. The Federalist Papers seemed like the most stultifying tome one could ever be force-fed. So why would anybody inflict a book on the Constitution upon themselves for fun?
The answer is, because it is the stuff of drama, crucial drama at that. It was not clear that the US would exist after breaking away from Britain, and certainly its lack of a constitution made its prospects seem even more unlikely. Additionally, the original colonies shared few ideals once they had vanquished their common foe. Berkin pulls together these complex forces, shows how they collided, and how a few prescient leaders were able to unite the disparate strands such that we have were able to stand up as a nation. Not a bad achievement in a mere 200-readable page book!

Emanuel Law Outlines: Constitutional Law

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Great efficient, time saver

Emanuel Law Outlines: Constitutional Law
Steven L. Emanuel
Manufacturer: Aspen Publishers
ProductGroup: Book
Binding: Paperback

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ASIN: 0735558167

Book Description

The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

Customer Reviews:

Great efficient, time saver.......2006-11-30

This book offers law students with a time saving alternative to piecing together the 120+ cases in your textbook to form a picture of Constitutional Law.

Unlike your law professor, the author of this book does not play hide the ball. The relevant Constitutional Law issues and conclusions are clearly identified with no tricks, answerless hypotheticals, or the shameful deceptions that you are likely to find in a Constitutional Law textbook.

The book is well organized and written in a way that you can easily come up with the "black letter law" and modes of argument so that you can be successful in your class.

This book's coverage is very broad; it can be used for both Constitutional Law and Constitutional Rights classes.

It has a "Capsule Summary" that briefly explains the major points that the book will cover. I read over the Capsule Summary and found it very helpful in creating a framework that helped me understand everything in detail throughout the rest of the book.

Emanuel has already peiced the cases together for you. You can figure out what the common state of Constitutional Law very quickly. This is very helpful if your professor is going to give you an issue-spotter/essay test.

I am very pleased with the experience that I had with this book (2005 edition). I rarely went to my Constitutional Law class and never did any of the readings. I studied this book in the days leading up to the final exam and scored in the top 10% of the class! If I could do this, then it is not too far fetched to believe that a diligent/more intelligent student would have even more impressive results.

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