Erwin Chemerinsky - Constitutional Law: Principles and Policies

Constitutional Constitutional Law

Principles and Policies

EDITORIAL ADVISORS

Erwin Chemerinsky

Dean and Distinguished Professor of Law

Raymond Pryke Professor of First Amendment Law

University of California, Irvine School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law

The University of Michigan Law School

Richard K. Neumann, Jr.

Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Professor of Law

Stanford Law School

CONSTITUTIONAL LAW

Principles and Policies

Fifth Edition

ERWIN CHEMERINSKY

Dean and Distinguished Professor of Law

Raymond Pryke Professor of First Amendment Law

University of California, Irvine School of Law

Copyright 2015 Erwin Chemerinsky.

Published by Wolters Kluwer in New York.

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Library of Congress Cataloging-in-Publication Data

Chemerinsky, Erwin, author.

Constitutional law: principles and policies / Erwin Chemerinsky, Dean and Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law.Fifth Edition.

pages cm.(Aspen Student treatise series)

eISBN: 978-1-4548-6092-1

1. Constitutional lawUnited States. I. Title.

KF4550.C429 2015

342.73dc23

2015008314

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For my grandson
Andrew Charles Chemerinsky

Summary of Contents

Contents

Preface

The American Constitution is in many ways an amazing document. Written over 200 years ago for a vastly different world, it remains the vehicle for debating and resolving society's most profound political and moral issues. Although it can be discussed in terms of elegant abstract theories, it also has enormous practical effects on the most intimate and important aspects of people's lives.

Constitutional principles can and must be evaluated from a myriad of perspectives: issues of interpretation and how meaning should be given to the document; questions of institutional competence, especially as to the role of the judiciary in a democratic society; normative visions about theories of government and individual freedoms; and perhaps most important of all, in terms of how constitutional doctrines affect people's lives. Ultimately, constitutional law is about the meaning of a just society and how best to achieve it.

My goal is to write the most thorough and lucid discussion of American constitutional law that I can in approximately 1,400 pages. I want both to state clearly constitutional doctrines and to identify the competing policy considerations in each area.

Constitutional law is a vast field, and space limitation affected every aspect of the book. First, many aspects of constitutional law that are covered in parts of the law school curriculum other than constitutional law courses are omitted. Most notably, constitutional provisions concerning criminal proceduresuch as the Fourth Amendment, the Fifth Amendment's double jeopardy and grand jury clauses, and the Sixth Amendmentare not included. Nor does the book cover aspects of federal court jurisdiction that are traditionally the focus of federal jurisdiction courses, such as the Eleventh Amendment and abstention doctrines.