Constitutional Law is a forward-looking and expansive book on constitutional law and constitutional theory. The author seeks to capture all of the conceptual nuance surrounding constitutional theory, an area of academia that has been neglected. The text includes thorough chapters on ten important and foundational amendments, as well as a chapter on the different modes of interpretation. After reading, students will be well-equipped with a foundational and comprehensive knowledge on constitutional law and theory.
Acknowledgments and Preface
CHAPTER 1 Key Points and Principles
A Purposes and Promises
B The American Enlightenment
C Supreme Court Legacies
D Concurrence and Dissent
E Constitutional Defects and Crisis
CHAPTER 2 Interpretive Frameworks
A Mainstream Textualism and Originalism
B Progressivism, Pragmatism, and Moral Reasoning
C Feminist Legal Theory
D Critical Race Theory
E Global Legal Theory
CHAPTER 3 First Amendment Freedom of Expression
A The Marketplace of Ideas
B Deeply Cherished Religious Beliefs
C Petition, Assembly, and Guilt by Association
D Free Press, Fake News, and Media Indoctrination
E Intellectual Liberty and Happiness
CHAPTER 4 The Second Amendment
A The Militia Clause
B The Right to Arms Clause
C Gun Control in the Past and Present
D Gun Control in the Future
CHAPTER 5 The Third Amendment and Privacy
A The History and Future of Privacy
B Governmental and Nongovernmental Surveillance
C Wiretapping, Eavesdropping, and Spying
D Cyber-Soldiering and Cyber-Spying
CHAPTER 6 The Concepts of Due Process and Equal Protection
A Happiness, Goodness, and Beauty
B Natural Law and Social Contract
C Due Process of Law: Procedural and Substantive Issues
D Equal Protection Under Law: Classifications and Rights
CHAPTER 7 Civil Rights and Civil Liberties
A The History of Civil Rights Movements
B The Universality of Human Rights
C Categories and Types of Human Rights
D Liability For Rights Violations
CHAPTER 8 The Police Function per the Fourth and Fifth Amendments
A Profiling
B Probable Cause
C Search and (Mostly) Seizure
D Confession
E Double Jeopardy
F Defunding the Police
CHAPTER 9 Courts and Corrections as per the Sixth, Seventh, and Eighth Amendments
A Notification and Confrontation
B The Myth of Trial by Jury
C The Seventh Amendment
D The Eighth Amendment
E Disproportionate Punishment
F Arguments for and Against the Death Penalty
CHAPTER 10 Safety Under the Ninth and Tenth Amendments
A Secession
B Safety of Place
C State Constitutional Law
D Amending the Constitution
Bibliography