Saying What the Law is (The Constitution in the Supreme Court)

Author Name: Fried Charles

ISBN: 9788175346680

Edition: 1st

Language: English

Publication Year: 2013

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Binding: Paperback

TAKING THE READER up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Charles Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality. This book fills the need for an account of constitutional law free from legal jargon and clear enough to inform the educated layperson, yet which does not condescend or slight critical nuance, so that its judgments and analyses will engage students, practitioners, judges, and scholars. "Saying What the Law Is offer moderation in almost every sense. Fried dispassionately discusses recent controversies in constitutional law while also spelling out a theory about how the Supreme Court should go about its work. By giving paramount importance to modest and principled judicial decision making, Fried's theory simply continues a distinguished tradition of searching for a principled approach to constitutional law...Saying What the Law Is is important not only for the renewed case it makes for the process tradition, but for its accessibility to the educated layperson." -ANDREW J. MORRIS, Legal Times "Saying What the Law Is is an excellent primer on constitutional adjudication.... The book is a nuanced presentation of law not just as a set of concepts, but also as a discipline practiced by courts that must translate concepts into doctrine, and apply that doctrine to decide cases. Professor Fried's goal is not simply to lay out the current black letter law, though he does this very well. Rather, it is to convey anunderstanding of the doctrine... The result is a sphisticated review of the Court's jurisprudence, coupled with insightful proposals for restoring principle to the law in areas where it falls short... In this time of polarizing debate, Fried's book represents a mature reflection on principles, rather than just another salvo in partisan wars. As such, it is a valuable and refreshing contribution." -KEVIN J. DOYLE, "One-time prosecutor, judge, and now constitutional theorist Fried creates a framework for understanding the role of constitutional doctrine in dictating and guiding the intricate relationships between government and the political and social structures it purports to control." - PHILIP Y. BLUE, Library Journal


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