The Dynamic Constitution: An Introduction to American Constitutional Law Review

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The Dynamic Constitution: An Introduction to American Constitutional Law ReviewIf you're a college student or ordinary reader interested in learning the basics of constitutional law, then Richard Fallon's "The Dynamic Constitution" is a great place to start. The heart of the book is a crisp overview of modern constitutional doctrine in areas such as Free Speech and Equal Protection. These sections are gems of legal exposition. Even better, Fallon puts the legal issues in historical context, discusses how the Supreme Court interprets and applies the Constitution, and relates constitutional "politics" to national politics, as when Nixon came into office in 1969 promising to put "law and order" judges on the Court. The prose is crystal clear, with almost no jargon. Plus the book is short!
Fallon never puts forward a comprehensive theory of constitutional interpretation (though he does get in digs at "originalist" Justices who pick and choose among the "original understandings" of the Founders in order to push a conservative political agenda). He seems ready to live with the messy truth that the Supreme Court weighs many factors when deciding a case: the text of the Constitution, the drafters' intent, judicial precedents, moral values, and the need for stability and consistency in the law -- all the while keeping one eye on the likely political fallout. The result is a body of law that shifts over time and doesn't reflect a tidy jurisprudence, but is able to adapt to changing circumstances (hence the word "dynamic" in the title).
Whether this jumbled system delivers what we want from the Constitution is anyone's guess. While the Supreme Court does have the power to curb the other branches of government, the system for appointing Justices ensures that it doesn't veer far from the political mainstream for very long. At its best, the Court has cleaned up laws and institutions that fell short of America's core principles, as defined by elites. But as elite values change, so does constitutional law. When racism infected the whole U.S. population, the Court ruled that Jim Crow was constitutional. But when racism was fading away among educated Americans, the Court attacked Jim Crow in holdouts like the Old South. Examples like this could be multiplied a hundredfold. It's a mixed record, but one that reflects America's mixed reality. Fallon's book is a great introduction.
PS: "The Dynamic Constitution" is also a great book for middle-aged ex-lawyers trying to remember what they studied in Con Law two decades ago.
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