History and the Constitution

the long version

"This collection of essays discusses the renaissance of history and historically oriented methodologies in American constitutional jurisprudence. The essays are divided into three clusters. The first cluster considers the "historical turn" in constitutional jurisprudence, focusing on the emergence of historical methodologies in American constitutional scholarship, the changing historical reputation of the great case, Marbury v. Madison, and the historical origins of the Supreme Court's "scrutiny levels" approach to legislation challenged on constitutional grounds. The second cluster responds to the increased importance of international law in American common law and constitutional decisions by surveying the history of the constitutional jurisprudence of foreign relations powers and by considering the revival of a section of the Judiciary Act of 1789, the Alien Torts Statute, as a basis for a "customary international law" of Torts. The third cluster focuses on the Rehnquist Court and the increased importance of history in its constitutional jurisprudence, emphasizing the role of "centrist" justices on that Court, the internal powers of the Chief Justice, and the Court's unexpected and arguably novel responses to issues of constitutional interpretation." "The book is designed for scholars and students in law, history, and political science."--BOOK JACKET.