- Email: [email protected]
Constitutional Rights Sourcebook
358
Reviews / Journal of Government Information 28 (2001) 303 – 366
Megan Fitch Government Publications/Instruction Librarian University of Nevada-Las Vegas Las Vegas, NV 89154-7013, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 1 0 - 0
Constitutional Rights Sourcebook By Peter Renstrom, Santa Barbara, CA, ABC-Clio, 770 pp., 1999, ISBN 1-57607-061-1, US$75.00 Peter Renstrom presents the readers of Constitutional Rights Sourcebook, hereafter referred to as the Sourcebook, with an overview of the judicial mindset of the US Supreme Court justices. This includes their decisions and opinions, regarding selected cases in constitutional law, by providing an examination of the bearing these cases had on their interpretation of the constitutional amendments regarding individual rights granted under them. Renstrom states that the objective for writing this book was ‘‘to assemble a volume that explicates the fundamental ideas of constitutionalism in general and American constitutional law in particular’’ (xiii). The cases receiving attention are those that are regarded as landmark cases, e.g., Brown v. Board of Education, and those reflecting recent decisions. ‘‘The idea is to present the current thinking of the Supreme Court and to provide some sense of how a particular line of thinking evolved’’ (xiii). The Sourcebook’s intended audiences are those considering a career in law and the legal community. It will allow potential law school students a chance to gain insight into the operational concepts in the field of constitutional rights as well as an understanding of them. Legal workers, especially lawyers, will have at their fingertips easy access to the critical components composing constitutional law. Even though the Sourcebook examines select areas of the constitution, with the help of its value-added glossary, some librarians in non-law libraries would find it worthwhile as a reference source, although in many cases, it would rank more as an addition to the collection as opposed to an essential part. Prior to a discussion of judicial interpretation of selected constitutional amendments, Renstrom provides a succinct section, i.e., notes, on how to use the Sourcebook. He explains how cases are cited, the meaning of the citation and the names of the official and commercial sources in which cases can be found. He also explains the following chapters and lists the ways in which the Sourcebook can be consulted. It serves as reference guide to the language and major decisions of the US Supreme Court, as a handbook for the practicing professional guarding the law and constitutional rights, as a supplement to other constitutional law textbooks, as review materials for those practicing and studying constitutional law, and as an aid for those in cognate fields of social science. Following the notes, the Sourcebook begins its first chapter with a historical account of the fundamental principles that frame the US Constitution. Here, it also examines the Supreme
Reviews / Journal of Government Information 28 (2001) 303 – 366
359
Court justices’ role in its interpretation. The latter part of the chapter explicates the organizational as well as jurisdictional structure of federal and state courts and enumerates the process by which Supreme Court justices select, decide, and prepare written opinions on their cases. The next six chapters, the essence of the book, expound, respectively, on the First, Fourth, Fifth, Sixth, and Eighth Amendments and the Equal Protection Clause of the Fourteenth Amendment. Each of these chapters begins with a table comprised of three columns. Column 1 list cases (including their citations) that had a major impact on the justices’ interpretation of rights granted under the particular amendment. Column 2 outlines the major concept surrounding each case and column 3 lists the page number for which the discussion of the case begins. Following the table is a discussion of the amendment. It begins with an overview, where the particular amendment is cited, verbatim, and each of its clauses explained, e.g., clauses of the Fifth Amendment include (1) requirement of a charge by a grand jury indictment, (2) protection against double jeopardy, and (3) protection against self-incrimination. This discussion also cites major cases that led to reviews by the Supreme Court justices and the evolving of their decisions regarding individual rights granted under the particular amendment. The discussion closes with a section expounding on the significance of the particular amendment. The last part of the chapter elaborates, respectively, on each concept generated by the amendment and its significance in a legal context. One of the Sourcebook’s value-added features is the glossary entitled ‘‘Legal Words and Phrases.’’ This section begins with a table of contents, which is very handy for anyone wanting to do a quick browse for a particular word or phrase. What follows is not only an explanation of the term or phrase but its significance in a legal context. Adding the ‘‘significant’’ component in this section and throughout most of the book definitely enhances the meaning of the concept, word, or phrase discussed, for it elucidates the reason(s) for its legal importance and sheds light on its historical perspective and current relevance. For example, electronic surveillance is defined as ‘‘the observing or monitoring of a person by electronic means’’ (p. 643). However, its legal significance is stated as that which ‘‘constitutes a substantial threat to personal privacy’’ (p. 643). The establishment clause is documented as ‘‘the portion of the First Amendment that forbids Congress from enacting any law respecting an establishment of religion’’ (p. 644). However, its legal significance is stated as that which ‘‘has been interpreted in recent years to mean that government should not be prevented from providing benefits to people simply because they have religious beliefs . . .’’(p. 645). A last example, the gag order is defined as ‘‘an order issued by a court directed to media representatives prohibiting of a court proceeding’’ (p. 656). Its significance is stated as an order, which ‘‘is used to prevent prejudicial pretrial publicity’’ (p. 656). The inclusion of the ‘‘significance’’ component definitely accentuates the glossary’s usefulness. Other valued-added features in the Sourcebook include the contents of the appendices and an index. Appendix A has the text of the US Constitution. Appendix B includes a table chronologically listing all of the justices, their tenure, who appointed them, and the justices that replaced them. The names appearing in all capitals represent the chief justices. Finally, Appendix C presents a table that represents the Court’s composition since 1990. It is
360
Reviews / Journal of Government Information 28 (2001) 303 – 366
organized by the chief justices’ names and their tenure as head of the Supreme Court, e.g., Fuller (1900–1909 Terms). Under each chief justice’s name, listed by year(s) are the names of the associate justices that presided under him, e.g., for Rehnquist, in 1993, the justices who served under him included Kennedy, Blackmun, Souter, Stevens, Thomas, Ginsburg, O’Connor, and Scalia. For 1994 up to the present, they are Kennedy, Breyer, Souter, Stevens, Thomas, Ginsburg, O’Connor, and Scalia. A nice addition to the index is the inclusion of ‘‘see’’ references. This definitely facilitates one’s ability to locate an item to which he may not be privy, for instance, the name of the case, but he knows the topic that was addressed by the case. For example, one may know that there was a case involving political advertising and Amtrak but not know the name of the case. Looking up political advertising in the index, one would be referred to Lebron v. National Railroad Passenger. The same format applies if one knows only one of the names of a case. The page number for the main entry or main discussion of a case or concept is in bold type. The organization of the Sourcebook’s chapters was intended to parallel closely those of leading constitutional rights casebooks. Unsure of what other sources to compare it to and since the intended audiences are potential law school students and legal professionals, particularly lawyers, this reviewer referred an inquiry to a law librarian, who recommended some standard sources in the field. The recommended sources, American Constitutional Law (3rd ed., ACL), by Laurence H. Tribe (2000) and Constitutional Law/ Hornbook Series (5th ed., CL), by John Nowak and Ronald D. Rotunda (1995), are two with which a comparison could not be made. Both of these titles provide a much more thorough treatment of the evolvement of judicial decisions regarding individual rights granted under the amendments. ACL is a two-volume book with the second volume devoted entirely to individual rights. And, the first volume, although targeting separation of powers, federalism, and other structural matters, has a lot of material addressing individual rights as well. CL even includes periodic supplements that update its text. Also, both of these titles are treatises, which, by that classification alone, reveal the nature of their treatment of a legal topic — in depth. Although the Sourcebook’s treatment of judicial interpretations of rights granted under selected amendments is more cursory than the standard legal sources mentioned above, its demand and usefulness for various audiences can stand on its own merits. Although constitutional lawyers and law students may find it lacking depth, they might find it useful as a handy reference source that is direct and precise for what it covers. Non-constitutional lawyers might find the Sourcebook the most useful because of its brevity and directness. As far as non-legal audiences are concerned, for academic institutions, this author believes that the usefulness of the Sourcebook as a required purchase would bear heavily on their curriculum needs. Those with classes that give much attention to the Bill of Rights, particularly those that are addressed in the Sourcebook, would be more likely to consider it for the collection. Public libraries would probably be less attracted to the Sourcebook. The language as well as the format/design would not be as appealing. However, if there is any question as to whether the Sourcebook would meet the acquisition needs of any audience, one can refer to Renstrom’s own statement as to the ways in which it can be consulted, as stated earlier (third paragraph).
Reviews / Journal of Government Information 28 (2001) 303 – 366
361
Notes 1. Nowak, J., & Rotunda, R. D. (1995). Constitutional law (Hornbook series) (5th ed.). St. Paul, MN: West Publishing. 2. Tribe, L. H. (2000). American constitutional law (3rd ed.). New York: Foundation Press.
Gwendolyn Halford University Libraries, George Mason University Fairfax, VA 22030, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 11 - 2
Charting the progress of populations The United Nations Department of Economic and Social Affairs, Population Division. New York: United Nations Department of Public Information, 2000. 95 pp. UN Sales Number E.00.XIII.6 (paper). ISBN 92-1-151344-8. US$19.95 This publication is the result of a number of international initiatives from worldwide conferences concerned with significant economic and social variables. It describes, in systematic fashion, those 12 socioeconomic statistical indices or indicators that various United Nations agencies have developed to assess international development matters. The relationship of these components to the goals of the various conferences, and to the specific United Nations specialized offices, is provided. As the text notes, these indicators are correlated with the subject matter of these conferences, i.e., they are measurements of population, of reproductive health and family planning services, of primary health care, of nutrition, of basic education, of drinking water and sanitation, and of shelter. To assure greater access and distribution, this report is also available at the Population Division’s website (http://www.undp.org/popin/). Each of the 12 variables is allocated a separate chapter, with operational definitions; world map, graphical, and pie chart presentations; a discussion of the data sources; and a contact agency and reference list to support additional inquiry. The shaded world map for each component is particularly useful. An ‘‘Introduction and Overview’’ precedes these chapters and notes additional resources and studies pertinent to the variables. Each chapter begins with an international objective or goal that places that variable within the context of declared United Nations programs. This publication’s value comes from both the presentation of the concise descriptions of these variables that are now in use in many international plans, and from the summary Annex Table, collated by global area, such as Latin America and the Caribbean or Oceania, that presents countries’ scores for these measurements. These observed or calculated metrics are briefly compared in each chapter’s discussion so that a quick global insight into the results may be obtained.1 The 12 variables, each with a brief general definition, are listed below. The italicized words in the definitions of the ‘‘Access to safe water’’ and ‘‘Access to sanitation’’ variables are defined at the country level.
Reviews / Journal of Government Information 28 (2001) 303 – 366
Megan Fitch Government Publications/Instruction Librarian University of Nevada-Las Vegas Las Vegas, NV 89154-7013, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 1 0 - 0
Constitutional Rights Sourcebook By Peter Renstrom, Santa Barbara, CA, ABC-Clio, 770 pp., 1999, ISBN 1-57607-061-1, US$75.00 Peter Renstrom presents the readers of Constitutional Rights Sourcebook, hereafter referred to as the Sourcebook, with an overview of the judicial mindset of the US Supreme Court justices. This includes their decisions and opinions, regarding selected cases in constitutional law, by providing an examination of the bearing these cases had on their interpretation of the constitutional amendments regarding individual rights granted under them. Renstrom states that the objective for writing this book was ‘‘to assemble a volume that explicates the fundamental ideas of constitutionalism in general and American constitutional law in particular’’ (xiii). The cases receiving attention are those that are regarded as landmark cases, e.g., Brown v. Board of Education, and those reflecting recent decisions. ‘‘The idea is to present the current thinking of the Supreme Court and to provide some sense of how a particular line of thinking evolved’’ (xiii). The Sourcebook’s intended audiences are those considering a career in law and the legal community. It will allow potential law school students a chance to gain insight into the operational concepts in the field of constitutional rights as well as an understanding of them. Legal workers, especially lawyers, will have at their fingertips easy access to the critical components composing constitutional law. Even though the Sourcebook examines select areas of the constitution, with the help of its value-added glossary, some librarians in non-law libraries would find it worthwhile as a reference source, although in many cases, it would rank more as an addition to the collection as opposed to an essential part. Prior to a discussion of judicial interpretation of selected constitutional amendments, Renstrom provides a succinct section, i.e., notes, on how to use the Sourcebook. He explains how cases are cited, the meaning of the citation and the names of the official and commercial sources in which cases can be found. He also explains the following chapters and lists the ways in which the Sourcebook can be consulted. It serves as reference guide to the language and major decisions of the US Supreme Court, as a handbook for the practicing professional guarding the law and constitutional rights, as a supplement to other constitutional law textbooks, as review materials for those practicing and studying constitutional law, and as an aid for those in cognate fields of social science. Following the notes, the Sourcebook begins its first chapter with a historical account of the fundamental principles that frame the US Constitution. Here, it also examines the Supreme
Reviews / Journal of Government Information 28 (2001) 303 – 366
359
Court justices’ role in its interpretation. The latter part of the chapter explicates the organizational as well as jurisdictional structure of federal and state courts and enumerates the process by which Supreme Court justices select, decide, and prepare written opinions on their cases. The next six chapters, the essence of the book, expound, respectively, on the First, Fourth, Fifth, Sixth, and Eighth Amendments and the Equal Protection Clause of the Fourteenth Amendment. Each of these chapters begins with a table comprised of three columns. Column 1 list cases (including their citations) that had a major impact on the justices’ interpretation of rights granted under the particular amendment. Column 2 outlines the major concept surrounding each case and column 3 lists the page number for which the discussion of the case begins. Following the table is a discussion of the amendment. It begins with an overview, where the particular amendment is cited, verbatim, and each of its clauses explained, e.g., clauses of the Fifth Amendment include (1) requirement of a charge by a grand jury indictment, (2) protection against double jeopardy, and (3) protection against self-incrimination. This discussion also cites major cases that led to reviews by the Supreme Court justices and the evolving of their decisions regarding individual rights granted under the particular amendment. The discussion closes with a section expounding on the significance of the particular amendment. The last part of the chapter elaborates, respectively, on each concept generated by the amendment and its significance in a legal context. One of the Sourcebook’s value-added features is the glossary entitled ‘‘Legal Words and Phrases.’’ This section begins with a table of contents, which is very handy for anyone wanting to do a quick browse for a particular word or phrase. What follows is not only an explanation of the term or phrase but its significance in a legal context. Adding the ‘‘significant’’ component in this section and throughout most of the book definitely enhances the meaning of the concept, word, or phrase discussed, for it elucidates the reason(s) for its legal importance and sheds light on its historical perspective and current relevance. For example, electronic surveillance is defined as ‘‘the observing or monitoring of a person by electronic means’’ (p. 643). However, its legal significance is stated as that which ‘‘constitutes a substantial threat to personal privacy’’ (p. 643). The establishment clause is documented as ‘‘the portion of the First Amendment that forbids Congress from enacting any law respecting an establishment of religion’’ (p. 644). However, its legal significance is stated as that which ‘‘has been interpreted in recent years to mean that government should not be prevented from providing benefits to people simply because they have religious beliefs . . .’’(p. 645). A last example, the gag order is defined as ‘‘an order issued by a court directed to media representatives prohibiting of a court proceeding’’ (p. 656). Its significance is stated as an order, which ‘‘is used to prevent prejudicial pretrial publicity’’ (p. 656). The inclusion of the ‘‘significance’’ component definitely accentuates the glossary’s usefulness. Other valued-added features in the Sourcebook include the contents of the appendices and an index. Appendix A has the text of the US Constitution. Appendix B includes a table chronologically listing all of the justices, their tenure, who appointed them, and the justices that replaced them. The names appearing in all capitals represent the chief justices. Finally, Appendix C presents a table that represents the Court’s composition since 1990. It is
360
Reviews / Journal of Government Information 28 (2001) 303 – 366
organized by the chief justices’ names and their tenure as head of the Supreme Court, e.g., Fuller (1900–1909 Terms). Under each chief justice’s name, listed by year(s) are the names of the associate justices that presided under him, e.g., for Rehnquist, in 1993, the justices who served under him included Kennedy, Blackmun, Souter, Stevens, Thomas, Ginsburg, O’Connor, and Scalia. For 1994 up to the present, they are Kennedy, Breyer, Souter, Stevens, Thomas, Ginsburg, O’Connor, and Scalia. A nice addition to the index is the inclusion of ‘‘see’’ references. This definitely facilitates one’s ability to locate an item to which he may not be privy, for instance, the name of the case, but he knows the topic that was addressed by the case. For example, one may know that there was a case involving political advertising and Amtrak but not know the name of the case. Looking up political advertising in the index, one would be referred to Lebron v. National Railroad Passenger. The same format applies if one knows only one of the names of a case. The page number for the main entry or main discussion of a case or concept is in bold type. The organization of the Sourcebook’s chapters was intended to parallel closely those of leading constitutional rights casebooks. Unsure of what other sources to compare it to and since the intended audiences are potential law school students and legal professionals, particularly lawyers, this reviewer referred an inquiry to a law librarian, who recommended some standard sources in the field. The recommended sources, American Constitutional Law (3rd ed., ACL), by Laurence H. Tribe (2000) and Constitutional Law/ Hornbook Series (5th ed., CL), by John Nowak and Ronald D. Rotunda (1995), are two with which a comparison could not be made. Both of these titles provide a much more thorough treatment of the evolvement of judicial decisions regarding individual rights granted under the amendments. ACL is a two-volume book with the second volume devoted entirely to individual rights. And, the first volume, although targeting separation of powers, federalism, and other structural matters, has a lot of material addressing individual rights as well. CL even includes periodic supplements that update its text. Also, both of these titles are treatises, which, by that classification alone, reveal the nature of their treatment of a legal topic — in depth. Although the Sourcebook’s treatment of judicial interpretations of rights granted under selected amendments is more cursory than the standard legal sources mentioned above, its demand and usefulness for various audiences can stand on its own merits. Although constitutional lawyers and law students may find it lacking depth, they might find it useful as a handy reference source that is direct and precise for what it covers. Non-constitutional lawyers might find the Sourcebook the most useful because of its brevity and directness. As far as non-legal audiences are concerned, for academic institutions, this author believes that the usefulness of the Sourcebook as a required purchase would bear heavily on their curriculum needs. Those with classes that give much attention to the Bill of Rights, particularly those that are addressed in the Sourcebook, would be more likely to consider it for the collection. Public libraries would probably be less attracted to the Sourcebook. The language as well as the format/design would not be as appealing. However, if there is any question as to whether the Sourcebook would meet the acquisition needs of any audience, one can refer to Renstrom’s own statement as to the ways in which it can be consulted, as stated earlier (third paragraph).
Reviews / Journal of Government Information 28 (2001) 303 – 366
361
Notes 1. Nowak, J., & Rotunda, R. D. (1995). Constitutional law (Hornbook series) (5th ed.). St. Paul, MN: West Publishing. 2. Tribe, L. H. (2000). American constitutional law (3rd ed.). New York: Foundation Press.
Gwendolyn Halford University Libraries, George Mason University Fairfax, VA 22030, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 11 - 2
Charting the progress of populations The United Nations Department of Economic and Social Affairs, Population Division. New York: United Nations Department of Public Information, 2000. 95 pp. UN Sales Number E.00.XIII.6 (paper). ISBN 92-1-151344-8. US$19.95 This publication is the result of a number of international initiatives from worldwide conferences concerned with significant economic and social variables. It describes, in systematic fashion, those 12 socioeconomic statistical indices or indicators that various United Nations agencies have developed to assess international development matters. The relationship of these components to the goals of the various conferences, and to the specific United Nations specialized offices, is provided. As the text notes, these indicators are correlated with the subject matter of these conferences, i.e., they are measurements of population, of reproductive health and family planning services, of primary health care, of nutrition, of basic education, of drinking water and sanitation, and of shelter. To assure greater access and distribution, this report is also available at the Population Division’s website (http://www.undp.org/popin/). Each of the 12 variables is allocated a separate chapter, with operational definitions; world map, graphical, and pie chart presentations; a discussion of the data sources; and a contact agency and reference list to support additional inquiry. The shaded world map for each component is particularly useful. An ‘‘Introduction and Overview’’ precedes these chapters and notes additional resources and studies pertinent to the variables. Each chapter begins with an international objective or goal that places that variable within the context of declared United Nations programs. This publication’s value comes from both the presentation of the concise descriptions of these variables that are now in use in many international plans, and from the summary Annex Table, collated by global area, such as Latin America and the Caribbean or Oceania, that presents countries’ scores for these measurements. These observed or calculated metrics are briefly compared in each chapter’s discussion so that a quick global insight into the results may be obtained.1 The 12 variables, each with a brief general definition, are listed below. The italicized words in the definitions of the ‘‘Access to safe water’’ and ‘‘Access to sanitation’’ variables are defined at the country level.