The Constitution: An Introduction

by Michael Stokes Paulsen, Luke Paulsen

Overview

The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review).
 
From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself.

In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning.

This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.
 

Product Details

ISBN-13:	9780465094103
Publisher:	Basic Books
Publication date:	01/03/2017
Edition description:	First Trade Paper Edition
Pages:	384
Sales rank:	411,478
Product dimensions:	5.90(w) x 8.90(h) x 1.20(d)

About the Author

Michael Stokes Paulsen is Distinguished University Chair and Professor of Law at the University of St. Thomas, in Minneapolis, Minnesota. A graduate of Northwestern University and Yale Law School, he is author of two books and more than ninety articles on various topics of constitutional law.

Luke Paulsen is a graduate of Princeton University, where he majored in Computer Science with minors in Classics and Humanities. He currently works as a software engineer in Mountain View, California. The Constitution is his first book.

Table of Contents

Part I: The Written Constitution
1. Upheaval
The Revolutionary Creation of the US Constitution

2. Superstructure
The Framers’ Grand Design

3. Powers
The Sweeping Powers of Congress, the President, and the Courts

4. Slavery
The Constitution’s Collusion with Evil

5. Freedoms
The Enactment and Meaning of the Bill of Rights

Part II: Living the Constitution
6. Infancy
Defining Controversies in the Constitution’s Early Years (1790–1860)

7. Crisis
Lincoln, the Civil War, and Reconstruction (1860–1876)

8. Betrayal
The Supreme Court’s Abandonment of the Constitution (1876–1936)

9. Restoration
The Constitution Through Depression, World War, and Segregation (1936–1960)

10. Controversy
The Modern Era of Judicial Activism (1960–2015)

Coda: Lessons for the Twenty-First Century

Editorial Reviews

"A solid, intelligent, reliable, and interesting look at the origins of the Constitution, its basic structure, and its interpretation over the course of our country's history. The Paulsens' book does not tell Americans what to think, but it provides invaluable help as they think for themselves."—Justice Samuel Alito

"This impressive book by the father-son duo of Michael Stokes Paulsen and Luke Paulsen...is in its own way an eloquent testament to the Constitution as a covenant across generations. The Paulsens provide a lively and informed overview of how the Constitution has played out over our nation's history. They take positions—often firmly, sometimes less so—on a host of constitutional cases and questions. But [they] seek to spur conversations about the Constitution, not to end them."—National Review

"A commentary on the Constitution that may be profitably read by experts and non-experts alike. It is at once intellectually sophisticated without being pedantic, and comprehensible to lay readers without demeaning their intelligence. The Paulsens have accomplished what legions of professors have failed to do, and in truth have scarcely even tried to do: they explain in 300 gracefully written pages the origins, structure, operations, and political development of the United States Constitution."—Claremont Review of Books

"Easily accessible and remarkably free of polemic... a most pleasant exercise."—Washington Lawyer

"A clear, concise reader-friendly book.... A fascinating journey through American history."—Roanoke Times

"Short but layered. [The Constitution] displays a professor's insights and a recent college graduate's sense for the lay reader's needs. It tells good stories at a fast clip in limpid prose...the book's greatest achievement is preternaturally good discretion in distilling hundreds of cases and copious scholarship and centuries of good stories to tell. [This] isn't just our Constitution's best short introduction; it might help make our civic culture at once more sober and more hopeful."—First Things

"A nice balance of history, commentary, and discussion over the complexities of understanding the US Constitution and Bill of Rights from their British origins to the present. Excellent for collections on US history, law, and politics."—Choice

“A highly accessible and scholarly but lively look at the nation's guiding document.”—Booklist

"A sharp, efficient guide to the creation, content, and construction of the supreme law of the land. A well-conceived, well-executed primer."—Kirkus Reviews

“An uncomplicated but sophisticated primer...[Paulsen and Paulsen] 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...This is a useful, accessible, and pertinent overview that is well seasoned with opinion.”—Publishers Weekly

"This readable history of the Constitution as it has evolved over more than two centuries corrects many false beliefs about that document and its applicability to every corner of American life. Written in a style that makes it accessible to readers at several levels, this book tells the human story of the ways in which the world's oldest written constitution has shaped our experience."—James M. McPherson, Professor of History Emeritus, Princeton University, and Pulitzer Prize-winning author of Battle Cry of Freedom

"Michael and Luke Paulsen have written the most readable and insightful introduction to the U.S. Constitution since the days of Supreme Court Justice Joseph Story, in 1840. This book is a must read for anyone trying to learn about the U.S. Constitution."—Steven G. Calabresi, Clayton and Henry Barber Professor of Law, Northwestern University

"The Constitution: An Introduction is packed both with essential information and discerning analysis. More than that, it reads like a novel-adventure story. It will make a great text in any number of classes."—Stanley Fish, Distinguished Visiting Professor, Yeshiva University

"A splendid introduction to the Constitution - one that takes the text of our nation's charter seriously and provides illuminating explanations of why its drafters chose the principles, concepts, and language they did for their 'great experiment' in republican government and ordered liberty. The Constitution: An Introduction strips away the layers of interpretation that obscure the Constitution's meaning, enabling readers to encounter the Constitution itself."—Robert P. George, McCormick Professor of Jurisprudence, Princeton University

"This wonderful work is the best introduction to the United States Constitution available. It does a brilliant job reviewing two-and-one-quarter centuries of American experience. Essential reading for those who still believe in ordered liberty and self-government."—Stephen B. Presser, Raoul Berger Professor of Legal History, Northwestern University, and author of Recapturing the Constitution

From the Publisher

05/25/2015
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. (May)

Publishers Weekly

2015-02-24
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.

Kirkus Reviews