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Wilson Huhn on Constitutional Law

Wilson Huhn has taught Constitutional Law for nearly three decades. In addition to developing extensive materials for that course, he has published works on constitutional interpretation, constitutional doctrine, constitutional history, and specific constitutional issues.

Huhn's casebook American Constitutional Law is available electronically to his students at no charge. The book, syllabi, chapter summaries, chapter quizzes, and other materials may be downloaded from this website. (The book is password-protected.)

Huhn's The Five Types of Legal Argument is a widely-used description of legal reasoning that identifies the various sources of legal authority and that explains how rational people can in good faith come to different conclusions about the interpretation of the law. Huhn expands upon the model of legal reasoning set forth in Five Types in law review articles about the relation between formalism, analogy, and realism (the "stages" of legal reasoning) and the use and limits of deductive logic in legal reasoning.

Huhn has also published work explaining broad areas of constitutional doctrine. He has crafted original theories modeling Freedom of Expression and the State Action Doctrine. He has described the "jurisprudential revolution" which has seen "tradition" replaced by "realistic"  forms of reasoning in the areas of Fundamental Rights and Equal Protection. He has also written about how the various aspects of the concept of "sovereignty" bear upon the meaning of the Constitution.

In the area of constitutional history Huhn has written about the influence of Abraham Lincoln on our understanding of the Constitution as well as the failure of the Supreme Court to embrace Lincoln's vision for nearly a hundred years after his death. Huhn has also described how the Roosevelt Court (1938-1954) reformed Constitutional Law to give effect to the promises of liberty, equality, and fairness that are implicit in the Constitution.

The significance of Constitutional Law to our society, however, is neither theoretical nor merely a matter of historical interest. Constitutional Law lies at the heart of nearly every major dispute that our country faces. In briefs, law review articles, blog entries, and hundreds of public presentations Huhn has taken strong positions on the principal issues that divide our nation, including same-sex marriage, affirmative action, wiretapping and waterboarding in the war on terror, and health care reform.

From the navigation bar at the top or the following links you may access the Casebook and Other Materials for Professor Huhn's course, links to Other Resources on Constitutional Law, Hot Topics in Constitutional Law,  Pending Supreme Court Cases, Recently Decided Supreme Court Cases, and information about Constitutional History.