Kirkus Star


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Report repeated from p. 951 of the September 15th bulletin, when scheduled for fall publication, as follows: ""The first part of a comprehensive commentary on the Constitution, these two volumes analyze the Constitution as it operates to enable the federal government to function. Articles I, II, and III set up the framework of the national government in accordance with the doctrine of the separation of powers, which teaches that there are three functions of government, the legislative, the executive, and the judicial, and that these three functions should be exercised by distinct bodies of men in order to prevent an undue concentration of power. At least, to some extent, the importance of this doctrine as a working principle of government has been lost to the student in the common practice of commentators to present the subject of governmental power in terms of the judicial function in constitutional cases. The design of Mr. Schwartz's treatise is quite different. He first discusses federalism and the powers of the federal and state governments. He then proceeds to analyze the powers of each of the three branches of government separately- placing emphasis on the origin of these powers and on their transformation, and giving special attention to the issues of federalism as they are presented for resolution. Without question the best constitutional treatise in recent years, this book is not only a must for all students of the social sciences and of the law, but for all libraries who want an authoritative commentary on the Constitution. The author has avoided the use of legal jargon, has made the most difficult doctrines of standing and ripeness comprehensible, and, in short, has written a book that the layman can understand.

Pub Date: Feb. 25th, 1962
Publisher: Macmillan