Hi Friends--
Got a question from one of you last night; here it is, with my thoughts. "I am trying to get through the reading for constitutional law and am having a really hard time with the nutshell book. Will I really need to know what's in that book? Is there anything I should be focusing on while reading to help me comprehend and enjoy the book more?"
Great question.
The nutshell book just like its name would imply--hard to chew and harder to digest. (If you have ever tried to eat even a peanut shell, you know what I mean. And I would compare this book to more of a walnut, to be honest.)
ConLaw in general is a tough subject to learn in a course like this, because it is a constant war between three sparring factions. Broad legal theories, minute points, and personal opinions are constantly duking it out. Your task is to separate the three and talk knowledgeably on each of them at the right time.
Your nutshell book is going to help you learn some of those minute points; that is what it is designed for. Keeping that in mind as you read it should help you--it is important information, but only important in that context. You will learn the broad rules as you read the Constitution and your other study materials, and you will learn personal opinion as you read the justice's opinions, but when it comes to those minute points, the Nutshell is the way to go.
I certainly hope that this helps you put it all in perspective.
Oh, I think the time is about right to go ahead and answer my own question. I asked you to tell me what the Constitutional provision for Roe v. Wade was, and you came up with some good answers. The real answer, in the final analysis, though, is that no one knows. Some have argued the due process clause of the 14th Amendment, some have argued the 9th Amendment, but even Justice Blackmun, who wrote the opinion, couldn't say what his rationale was. (I'll try to get you the exact quote sometime soon.)
The Court concluded that there were enough "emanations" from the "penumbra" of these constitutional provisions to justify their ruling. To translate the gobbledygook, they claimed to feel the vibes from the shadows of the Constitution, even though they couldn't point to where those vibes came from.
So, take a minute and think about this. Where did the justices go wrong? Was it in broad legal principle, minute detail, or their personal opinions?
Leave a comment and tell me what you think.
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1 comment:
Constitutional law is very complex and the nutshell book is probably the
biggest / most packed nutshell I have ever read.:) I'll be honest and
say that a lot of it went over my head when I read it. However, the Lord
did give me the grace to understand and retain some of it so just keep
plowing through it and learn what you can from it. It is amazing what
bits of complex material can stick in you head and pop up at unexpected
times.
What kept me sane when I was studying Constitutional Law was Prof.
Lawrence's lectures (did y'all get those?) and the Study Guide / Course
Outline at the back of the Constitutional Law Syllabus. Those outlines
were very helpful in making complex issues clearer. I remember watching
the lectures more than once if I needed to and going over and over the
Outline section. Prof. G's main concepts at the end of each lesson helped
too.
I was very scared of the Constitutional law final, but God was gracious
and I ended up receiving a very good grade. I had a great Con law
discussion the night before my exam with a fellow student which helped
calm my nerves and give me confidence. Staying focused on the main
concepts and only focusing on details when I understood the framework
helped as well.
So commit your studies to the Lord, ask lots of questions (that is what
Gabe, Alex, and myself are here for!), study hard, and leave the outcome
to God! He loves to reward those who give their all and commit their
works to Him.
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