May 25, 2015
Constitutional scholar Michael Stokes Paulsen and his son, Luke, offer an uncomplicated but sophisticated primer on the U.S. Constitution that is kept lively by their unabashedly candid evaluations of important Supreme Court opinions. They cover the basics well, with thoughtful interpretations of groundbreaking opinions on the free speech guarantee of the First Amendment, the abortion rights case Roe v. Wade, and the 14th Amendment, which was designed to provide equal rights to citizens regardless of race. Beyond the basics, the book features in-depth treatment of the founders' approach to the issue of slavery as well as how the Supreme Court approached constitutional amendments aimed at ending discrimination in the immediate aftermath of the Civil War. About the latter, the authors bluntly state that the Supreme Court embraced discrimination, contrary to the intent of the amendments. The discussion is highly relevant to the question of race in contemporary America. Readers will also appreciate the analysis of the constitutionally set boundaries of legislative and presidential powers, a hotly debated issue at the moment. The Paulsens humanize their approach by including brief profiles of individuals at the center of Constitutional moments, including Dred Scott, Ernesto Miranda, and Norma McCorvey (aka Jane Roe). This is a useful, accessible, and pertinent overview that is well seasoned with opinion.
March 15, 2015
A sharp, efficient guide to the creation, content, and construction of the supreme law of the land.Michael Stokes Paulsen (Law/Univ. of St. Thomas), author of casebooks and numerous articles, brings the legal chops, and son Luke, a Princeton graduate, contributes the sidebars. These thumbnail sketches of important constitutional players and capsule commentaries on important cases add color to the main text. Both authors are committed to jargon-free, comprehensible prose. They begin by setting out the document's framework and comment incisively on the novel concept of a written constitution deriving its authority from the people, ensuring checks and balances by separating power among the federal branches, while at the same time preserving state prerogatives. They move on to a careful, Article-by-Article explication of the respective powers of the federal government's three branches and a detailed treatment of the Bill of Rights, "practically a second Constitution." For the most part, the Paulsens praise the framers' handiwork, even as they acknowledge the morally deficient protections for slavery contained in various Constitutional provisions. They devote the bulk of their narrative to a compressed, evenhanded history of the Constitution's interpretation and the ongoing struggle to wrestle meaning from the words at the heart of our democracy. No important case goes unmentioned, no significant crisis or controversy unexplored. Some readers will quarrel with the authors' insistence on the immutability of the Constitution's words or perhaps with their commentary on particular cases, especially Roe v. Wade, Marbury v. Madison, and United States v. Nixon. Many will be surprised at their insistence that constitutional interpretation is not solely the province of the courts. All will appreciate the modesty and clarity they bring to this hugely complex subject. The Paulsens urge readers on to further reading and study, but they accomplish precisely what they set out to do. A well-conceived, well-executed primer, ideal for a bright high schooler, a college student, or even the odd professor who requires a brush up on the Constitution.
Starred review from April 1, 2015
The stated aim of this father-son writing team is to offer a complete and completely reader-friendly introduction to the U.S. Constitution, its contents, and its history, from formation to current day. They have succeeded well. The Paulsens start with how the Constitution came to be, the political forces leading to the Philadelphia Convention of 1787, the delineation of rights of the nation versus the states, the codification of citizens' rights, and the accommodation of slavery. They go on to cover 225 years of interpretation and reinterpretation of the Constitution against the backdrop of the Civil War and the numerous controversies that have tested the Constitution. They highlight the social and political context behind constitutional disputes as well as the people who drove them, from contributing authors Alexander Hamilton and James Madison to challengers Frederick Douglass, Dred Scott, Abraham Lincoln, Eugene Debs, and Jane Roe. Throughout, the Paulsens challenge several myths, including that the Supreme Court always has the last word on interpretation and that the history of the Constitution has always been one of steady progress toward justice. This is a highly accessible and scholarly but lively look at the nation's guiding document.(Reprinted with permission of Booklist, copyright 2015, American Library Association.)