Download or read book Constitutional Argument and Institutional Structure in the United States written by Nicholas Papaspyrou and published by . This book was released on 2018 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textual primacy and precedential force : the institutional anchorage of -- Constitutional law -- The authority of constitutional law -- Constitutional interpretation as a distinctive kind of practical -- Reasoning -- Constitutional constructivism and practical deliberation -- The pursuit of political justice -- The justification of institutional norms -- The operation and the dynamics of institutional norms -- Functional analysis and institutional checks -- Democracy and institutional design -- Democracy and judicial review -- The province and duty of the judicial department -- The subtlety of constitutional doctrine -- The claim to judicial supremacy -- Constitutional sensibilities

Download or read book Constitutional Government in the United States written by Woodrow Wilson and published by Routledge. This book was released on 2017-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the genuine classics of American political science literature, Constitutional Government in the United States is also a subtle and influential criticism of the American founding fathers produced during the Progressive Era. Wilson's interpretation of the Constitution shaped the thought of scholars and students of American politics. His definition of constitutional government and the place of the United States in the development of constitutional theory continues to shape discourse today. Wilson discusses the three branches of government in the United States, the relation between the states and the federal government and party government in a manner quite distinct from the founding fathers. Constitutional Government has its origins in a series of lectures Wilson delivered at Columbia University in 1907. It is carefully organized around three separate but mutually supporting arguments. First, is the idea that constitutional government evolves historically from primitive beginnings of the state toward a universal and ideal form. Second, this idea of historical evolution contains within it an analysis of how and where the Constitution fits into the evolutionary process as a whole. Third, the historical thesis itself provides a prescription for bringing American government, and with it the Constitution, into accord with his first principle of the ideal form of modern government.In his new introduction, Sidney A. Pearson explores how, with Constitutional Government in the United States, Wilson helped create a new genre of political writing using the point of view of a literary politician. He discusses Wilson's intention to replace the constitutional argument of the founders with one of his own based on the application of Darwinian metaphor in a political science framework. And he examines the differences between the views launched by Wilson and those set forth by James Madison in The Federalist. This is an essential work for all interested in the evolution of Amer

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Download or read book The Oxford Handbook of the U S Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

Download or read book Constitutional Argument and Institutional Structure in the United States written by Nicholas Papaspyrou and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.

Download or read book Constitutional Rights What They Are and What They Ought to Be written by Carl Wellman and published by Springer. This book was released on 2016-05-12 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.

Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by Cq Press. This book was released on 2010-05-01 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A More Perfect Union written by and published by National Archives & Records Administration. This book was released on 1986 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

Download or read book Thoughts on Government Applicable to the Present State of the American Colonies written by John Adams and published by . This book was released on 1776 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Download or read book The Crisis of the Middle Class Constitution written by Ganesh Sitaraman and published by Vintage. This book was released on 2017-03-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.