This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Introduction Karen Orren and John Compton; Part I. Principles: 1. A lighter touch: American constitutional principles in comparative perspective Gary Jeffrey Jacobsohn; 2. Understanding due process Donald A. Dripps; 3. Civil liberties and the dual legacy of the founding John W. Compton; 4. Political representation and the US Constitution Andrew Rehfeld; 5. Equality Ken I. Kersch; Part II. Structure: 6. Causes of action for enforcing the Constitution Ann Woolhandler and Michael G. Collins; 7. Federalism Barry Cushman; 8. Separation of powers Mark A. Graber; 9. Executive power and national security power Andrew Kent and Julian Davis Mortenson; 10. The Constitution and the administrative state Edward L. Rubin; Part III. Actions: 11. Constitutional judgment Howard Schweber; 12. Suits against officeholders James E. Pfander; 13. Habeas corpus Amanda L. Tyler; 14. Implementation and impact: the courts, the Constitution, and public policy John I. Hanley and Gordon Silverstein; 15. Constitutional law and social change: mapping pathways of influence Tomiko Brown-Nagin; 16. Balancing privacy and national security: a rule of lenity for national security surveillance law Orin S. Kerr.
Karen Orren is Distinguished Professor of Political Science at University of California, Los Angeles. Her previous books include Belated Feudalism (Cambridge, 1992) and The Search for American Political Development (Cambridge, 2004), with Stephen Skowronek. Her most recent book is The Policy State (2017). John W. Compton is Associate Professor of Political Science at Chapman University, California. He is the author of The Evangelical Origins of the Living Constitution (2014).
