ABSTRACT

The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting.

After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.

chapter |12 pages

Introduction

The Constitution and Bong Hits for Jesus

chapter 1|8 pages

The Core Disagreement

How Should We Read the Constitution?

part 1|72 pages

Points of Conflict

chapter 2|13 pages

Judicial Review

Is It Legitimate and Expansive, or Questionable and Limited?

chapter 3|9 pages

Rights

Are They Individual or Collective?

chapter 4|8 pages

Federalism

Must We Have One National Standard?

chapter 5|6 pages

Liberty

Does the Constitution Invoke Ordered Liberty or Pure Liberty?

chapter 6|6 pages

Religion

Is the Constitution a Religious or Secular Document?

chapter 7|10 pages

Transcendence

Do Transcendent Rights Exist in the Constitution?

chapter 8|7 pages

Social Facts

Should the Supreme Court Move Ahead of Society or Wait for Social Change?

chapter 9|4 pages

Precedent

When Should We Follow or Break from the History of the Court?

chapter 10|7 pages

Completeness

What Else Do We Need to Read?

part 1|79 pages

Schools of Interpretation

chapter 11|8 pages

Textualism

chapter 12|7 pages

Common Law Constitutionalism

chapter 13|9 pages

Originalism

chapter 14|9 pages

Living Constitutionalism

chapter 17|20 pages

Contemporary Landmark Cases

From Phelps to Obamacare

chapter |2 pages

Conclusion

Reading the Constitution for Ourselves