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Book Constitutional Construction

    Book Details:
  • Author : Keith E. Whittington
  • Publisher : Harvard University Press
  • Release : 2009-06-01
  • ISBN : 0674045157
  • Pages : 315 pages

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.

Book American Constitutional Development  The powers of government

Download or read book American Constitutional Development The powers of government written by Richard S. Randall and published by Addison-Wesley Longman. This book was released on 2002 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines constitutional law in a unique, developmental framework that shows how key events through American history have shaped the Supreme Court's understanding of the Constitution. Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's constitutional decisions. The book examines the great issues and events of government and politics in the early, middle, and modern constitutions, how they have shaped the Supreme Court's understanding of the Constitution, and how the distributive consequences of that understanding, in turn, affect American political life. For those who are interested in the American constitution.

Book American Constitutional History

Download or read book American Constitutional History written by Jack Fruchtman and published by John Wiley & Sons. This book was released on 2016-02-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science. Presents readers with a brief and accessible introduction to more than two centuries of U.S. constitutional history Explores constitutional history chronologically, breaking U.S. history into five distinct periods Reveals the full sweep of constitutional changes through a focus on issues relating to economic developments, civil rights and civil liberties, and executive power Reflects the evolution of constitutional changes all the way up to the conclusion of the June 2015 Supreme Court term

Book Constitutional History of the United States

Download or read book Constitutional History of the United States written by Thomas McIntyre Cooley and published by . This book was released on 1889 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Constitutional Developments in India

Download or read book Constitutional Developments in India written by Charles Henry Alexandrowicz and published by . This book was released on 1957 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Constitution of Development

Download or read book The Constitution of Development written by S. Shivakumar and published by Springer. This book was released on 2005-10-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the foundations of development, Shivakumar describes how societies can reconstitute themselves to improve their developmental well-being. He argues that the unitary state focus in theory and practice limits the creative potential of individuals to improve their mutual well-being through crafting capabilities for self-governance. This is a significant contribution to current discussions on institutional foundations of development, providing practical guidance on what it means to constitute a government that facilitates rather than impedes progress.

Book American Constitutional Development

Download or read book American Constitutional Development written by Carl Brent Swisher and published by . This book was released on 1954 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Constitutional History of Georgia  1732 1945

Download or read book A Constitutional History of Georgia 1732 1945 written by Albert B. Saye and published by University of Georgia Press. This book was released on 2010-05-01 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1948, this work provides a detailed account of the constitutional history of Georgia from the Charter of 1732 to the adoption of the Constitution of 1945 and includes an analysis of the 1948 Georgia Constitution. Albert B. Saye presents the major constitutional developments in chronological order. An index allows readers to compare different aspects of Georgia's eight constitutions, such as the composition of the General Assembly, the powers of the Governor, and the jurisdiction of the Courts. Based on extensive research of original sources, A Constitutional History of Georgia reveals the evolution of the Georgia constitution up to 1948 as a gradual expansion of political democracy.

Book Liberty and Union

Download or read book Liberty and Union written by Edgar J. McManus and published by Routledge. This book was released on 2014-01-21 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extracts from primary documents Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

Book Liberty and Union

Download or read book Liberty and Union written by Edgar J. McManus and published by Routledge. This book was released on 2013-12-04 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works – avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extensive supporting artwork Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

Book Major Problems in American Constitutional History

Download or read book Major Problems in American Constitutional History written by Kermit Hall and published by Wadsworth Publishing Company. This book was released on 2010 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.

Book Constitutional History of the UK

Download or read book Constitutional History of the UK written by Ann Lyon and published by Cavendish Publishing. This book was released on 2003-03-13 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Book The Contract Clause

    Book Details:
  • Author : James W. Ely, Jr.
  • Publisher : University Press of Kansas
  • Release : 2016-10-28
  • ISBN : 0700623078
  • Pages : 384 pages

Download or read book The Contract Clause written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2016-10-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Book Constitutional Developments Since Independence

Download or read book Constitutional Developments Since Independence written by Indian Law Institute and published by . This book was released on 1975 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers.

Book Constitutionalism and American Culture

Download or read book Constitutionalism and American Culture written by Sandra F. VanBurkleo and published by . This book was released on 2002 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

Book The Constitutional Bases of Political and Social Change in the United States

Download or read book The Constitutional Bases of Political and Social Change in the United States written by Shlomo Slonim and published by Bloomsbury Publishing USA. This book was released on 1990-04-23 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the papers presented at a conference sponsored by the Hebrew University of Jerusalem to mark the bicentennial of the framing and adoption of the U.S. Constitution. The conference joined distinguished members of the American judiciary, bar, and academia and their Israeli counterparts in an intensive debate on the part the Constitution has assumed in American life during the 200 years of its existence. Each paper focuses specifically on one aspect of the Constitution; the subject matter ranges from executive-legislative relations to minority rights, religious freedom, and constitutional reform. Throughout, comments and rebuttals are also included. Unique in its international approach to constitutional issues and developments, this volume will be of significant interest to constitutional and legal scholars. Following two papers that provide a backdrop to the debate by reviewing the historical background of the Constitution and examining the rise of the Supreme Court, the contributors move on to address such issues as: the issue of executive-legislative relations and the impacts of the Constitution on these relations over the years; the inherent tensions that exist between the establishment and free exercise clauses in the First Amendment; the question of minority rights under the Constitution as relates to both race and gender; and the newly discovered right of privacy under the constitution. Subsequent papers address whether the Constitution needs amending and explore the impact of the U.S. Constitution on Israeli jurisprudence. In the final group of essays, the contributors deal with the possible assumption by the U.S. Supreme Court of a new role--a more forthright involvement in promoting social justice.

Book The People   s Constitution

    Book Details:
  • Author : John F. Kowal
  • Publisher : The New Press
  • Release : 2021-09-21
  • ISBN : 1620975629
  • Pages : 493 pages

Download or read book The People s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.