Download or read book American Constitutional Law Governmental powers and democracy written by Donald P. Kommers and published by . This book was released on 2004 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governmental Powers written by Corey L. Brettschneider and published by Aspen Publishing. This book was released on 2015-01-28 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, written by prominent scholar and professor of constitutional law and political theory, Corey Brettschneider, explores the division, enumeration, and roles of the governmental powers established under the U.S. Constitution and the controversies arising from that system in the context of a changing American society. Like its parent volume, Constitutional Law and American Democracy, this text offers a wealth of highly focused case excerpts and interdisciplinary readings dealing with today s most salient debates. These carefully selected readings and cases focus on high-interest topics, including the nature and justification of judicial review, federalism, and separation of powers, and work together to create a nuanced view of key political and constitutional issues. Grounded in precedent, constitutional theory, and history, this bold work explores urgent issues of current debate and controversy making Governmental Powers fun to read and to teach. The clear, well-reasoned writing frequently challenges and always engages. A dynamic book drawing on a wealth of sources, Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, features: An organization linking the history of the Constitution, constitutional law, and the structure of the federal government to contemporary issues and controversies A wealth of primary sources, including case excerpts, concurring and dissenting opinions, law journal and interdisciplinary articles, and published letters A new chapter on the nature and implications of the Supreme Court s 2012 decision regarding the Patient Protection and Affordable Health Care Act A focused selection of cases conveying a nuanced perspective on the Constitution and the political and constitutional disputes that have shaped its meaning Exposure to legal argumentation through astutely selected and edited readings from noted scholars and theorists Coverage spanning the history and development of constitutional law up to the present day, with ample background for considering the big-picture questions of constitutional doctrine and the Supreme Court s role A stimulating balance of foundational and cutting-edge topical coverage that doesn t sidestep provocative or controversial subject matter Overviews in each chapter introducing the constitutional arguments, chapter readings, and cases Discussion questions promoting comprehension, analysis, and classroom discourse Teachers of constitutional law have long awaited a text like this. Brettschneider blends the most important pertinent statements of political and legal theory with skillful excerpts from the major constitutional cases on governmental powers, civil rights, and civil liberties. Brettschneider s insightful commentaries make the text all the richer. Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania
Download or read book Governmental Powers and Democracy written by John E. Finn and published by . This book was released on 2004 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2022-03-28 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. The Eleventh Edition of Constitutional Law for a Changing America: Institutional Powers and Constraints draws on political science as well as legal studies to analyze and excerpt landmark cases, including key opinions handed down through 2021. This book is ideal for Constitutional Law courses in the two-semester sequence that covers powers and constraints. For courses that cover both rights and liberties and the separation of powers in one semester, see
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 1174 pages. Available in PDF, EPUB and Kindle. Book excerpt: iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation
Download or read book American Constitutional Law Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2018-05-04 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the distribution of power in the national government and explores how the constitutional scheme of separation of powers and checks and balances grants and controls power. It examines how the American Constitution and its amendments oblige the national and state governments.
Download or read book Power Rights in US Constitutional Law written by Thomas Lundmark and published by Oxford University Press on Demand. This book was released on 2008-04-17 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Power & Rights in US Constitutional Law is a clear and accessible explanation of how the United States Constitution works. It explores the tensions inherent in American constitutional law between the governing and the governed by combining text from seminal Supreme Court decisions with extensive analysis." "This second edition includes the most current legislative and Supreme Court. decisions affecting constitutional law on subjects including the separation of powers, the role of the executive, executive privilege, impeachment, discrimination, and judicial review of political questions. It is an invaluable guide to the delicate balance between governmental power and the constitutional rights of individual citizens."--BOOK JACKET.
Download or read book The United States Supreme Court s Assault on the Constitution Democracy and the Rule of Law written by Adam Lamparello and published by Taylor & Francis. This book was released on 2016-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part VII An interpretive theory that promotes federalism, separation of powers and principled judicial review -- 28 Is democracy a good thing? The arguments - and the practicalities -- 29 Foundational principles for a pro-democracy, process-oriented, and pragmatic jurisprudence -- 30 Applying the foundational principles to the "worst" Supreme Court decisions and arriving at nonideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts -- Index
Download or read book The Democratic Constitution written by Neal Devins and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Download or read book Peopling the Constitution written by John E. Finn and published by University Press of Kansas. This book was released on 2014-03-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Download or read book Popular Government and the Supreme Court written by Lane V. Sunderland and published by . This book was released on 1996 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
Download or read book The US Constitution and its Relevance Today written by Nadiia Kudriashova and published by GRIN Verlag. This book was released on 2019-10-11 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Public Law / Constitutional Law / Basic Rights, The University of Oklahoma, language: English, abstract: This essay discusses the US Constitution and its relevance today and asks whether the constitution meets the requirements of the contemporary world. It argues that the value of the US Constitution is ambiguous for different periods in the history of this country. For the first time it had a historically progressive character as contributed to the development of new relations of production. Its influence on the constitutional experiences of other countries, especially in the basic laws of Latin American countries, is of no doubt. As for the US Constitution itself, however, it now looks as moderately democratic document in many ways inferior to the basic laws of democracy in Western Europe and other regions of the contemporary world.
Download or read book Judicial Independence and the American Constitution written by Martin H. Redish and published by Stanford University Press. This book was released on 2017-03-21 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.
Download or read book On Constitutional Ground written by John Hart Ely and published by Princeton University Press. This book was released on 1996-08-05 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, "substantive due process," and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict. Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.
Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.
