The Changing Constitution

In The Changing Constitution, Richard H. Fallon Jr. explores the constitutional law of the United States as reflected in decisions of the Supreme Court, including recent blockbusters. The author analyses controversial rulings addressing topics such as freedom of speech and religion, the Second Amendment right to bear arms, abortion, affirmative action, gay rights, and the powers and prerogatives of the President. Examining modern controversies from a historical perspective he argues that it's impossible to understand U.S. constitutional law without recognizing the political and institutional forces that always have brought, and will continue to bring, innovations and occasional reversals in constitutional doctrine. Fallon also highlights distinctive aspects of the current era, including the judicial philosophies of the sitting Justices. This intellectually sophisticated overview of constitutional law and Supreme Court practice additionally discusses anxieties about whether and how the Justices, who can overrule their own precedents, are meaningfully constrained by law.

• Explains how the Constitution has historically worked in practice through shifting interpretations by a Supreme Court that is shaped and constrained by political actors
• Provides a historical and political scientific perspective from which to understand the making and revision of constitutional law by the Supreme Court
• Paints a portrait of the current Court and its 6-3 supermajority of conservative Justices, describing current constitutional doctrine in key areas including the freedoms of speech and religion, the Second Amendment right to bear arms, and the powers and prerogatives of Congress and the President
• Addresses deep questions about how the Constitution can be law binding on the Supreme Court yet also be subject to dramatically varied interpretations