H. Jefferson Powell, "The Practice of American Constitutional Law" (Cambridge UP, 2022)

What areas of our lives are governed by constitutional law? When asked about what constitutional law is, Americans tend to think of notable Supreme Court cases such as the abortion law case Roe v. Wade or the Civil Rights landmark of Brown v. Board of Education. But vast swaths of our lives are governed by, of all things, the Commerce Clause of the US Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This is just one of the fascinating facts that we learn from H. Jefferson Powell's book The Practice of American Constitutional Law (Cambridge UP, 2022). Powell robustly, movingly argues that those Americans who feel that the Supreme Court and constitutional law itself have become so politicized that justice is now unattainable and that raw power has replaced dispassionate legal analysis in our polity are mistaken. He contends that those who dwell in the world of the actual practice of constitutional law are people operating in good faith with identifiable “tool kits,” as he puts it. Powell shows how everyone involved has to determine if a legal case is even a matter of constitutional law specifically and if so, what part or parts of the Constitution are concerned and possibly being violated. One of the great strengths of the book is the delineation of who some of these actors are—from congresspeople to Department of Justice lawyers to legal advisors to presidents to judges at all levels to lawyers in the nonprofit advocacy sector. Powell shows how those engaged in the practice of constitutional law go about their work, be they giants of American jurisprudence such as John Marshall to unnamed state legislators of our own day. Powell makes the case that in spite of the normal human tendency to be influenced by our backgrounds and attitudes when thrashing out contentious matters, the practice of American constitutional law operates within clear parameters and procedures that to a large extent result in justice or at least