A Living Constitution or Fundamental Law?: American Constitutionalism in Historical Perspective

Author:   Herman Belz
Publisher:   Rowman & Littlefield
ISBN:  

9780847686438


Pages:   288
Publication Date:   06 August 1998
Format:   Paperback
Availability:   In Print   Availability explained
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A Living Constitution or Fundamental Law?: American Constitutionalism in Historical Perspective


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Overview

In A Living Constitution or Fundamental Law?, distinguished scholar Herman Belz considers the concept of constitutionalism as the subject matter of constitutional history. Belz argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. Belz illuminates the evolution of American constitutionalism across the span of American history, from the Founding to Reconstruction to the Cold War and the rise of the bureaucratic state in the 1980s.

Full Product Details

Author:   Herman Belz
Publisher:   Rowman & Littlefield
Imprint:   Rowman & Littlefield
Dimensions:   Width: 14.90cm , Height: 1.70cm , Length: 22.70cm
Weight:   0.381kg
ISBN:  

9780847686438


ISBN 10:   0847686434
Pages:   288
Publication Date:   06 August 1998
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Chapter 1 Introduction: Written Constitutionalism as the American Project Chapter 2 Constitutionalism and the American Founding Chapter 3 Constitutional Realism in the Gilded Age Chapter 4 The Critique of Constitutionalism in the Progressive Era Chapter 5 Andrew C. McLaughlin and the Defense of Constitutionalism Chapter 6 Changing Conceptions of Constitutionalism in the Era of World War II and the Cold War Chapter 7 The New Left Attack on Constitutionalism Chapter 8 Bureaucracy and Constitutionalism Chapter 9 Constitutional and Legal History in the 1980s: Reflections on American Constitutionalism Chapter 10 History, Theory and the Constitution Chapter 11 The Originalist Challenge to the Living Constitution Chapter 12 Index

Reviews

Herman Belz has been writing influential works in constitutional history for several decades now, and he has here collected nine of his previously published essays, along with new introductory and concluding chapters. [Belz] address[s] a wide range of topics in constitutional history, including the founding; the rise and decline of 'constitutional realism' during the gilded age, the Progressive era, and the Cold War; 'the New Left attack on constitutionalism' during the 1960's; and the debates over constitutional history in the 1980's. The central organizing theme is what Belz characterizes as a cyclical struggle between written and unwritten conceptions of constitutionalism. A particular strength of Belz's essays is a sustained effort to take seriously the relative autonomy of law from the social and political forces and the role of the constitutional norms in American political development. . . .--Tom Keck The Law And Politics Book Review


Author Information

Herman Belz is professor of history at the University of Maryland, College Park. He is the author of The American Constitution: Its Origins and Development, Equality Transformed: A Quarter Century of Affirmative Action, and Emancipation and Equal Rights: Politics and Constitutionalism in the Civil War Era, among other works.

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