Download or read book Constitutional Inquiries written by Kelly R. Doyle and published by . This book was released on 2015 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article III of the Constitution established the judicial branch of the United States, consisting of the Supreme Court and of any "inferior Courts as the Congress may from time to time ordain and establish.... " To staff such courts, the Constitution empowered life-tenured and salary-protected judges to adjudicate certain "cases" or "controversies," including cases arising under the Constitution. The Supreme Court, in Marbury v. Madison, held that the judicial power to interpret the Constitution necessarily includes the power of judicial review--that is, the power to countermand the decisions by other government agents because a given decision contravenes the Constitution. The Supreme Court has established a host of loosely related rules generally called the constitutional avoidance doctrine that discourage a federal court from issuing broad rulings on matters of constitutional law. After providing general background on the power of judicial review and the major theories on the constitutional avoidance doctrine, this book explores the various rules that allow a court to avoid a ruling that invalidates a democratically enacted law and the logic behind those rules. This book provides an exploration of how the doctrine of constitutional avoidance has influenced some of the recent jurisprudence of the Roberts Court, criticisms of the doctrine, and the implications for Congress. The book also discusses the justiciability and the separation of powers in the political question doctrine, which the Supreme Court has articulated to restrict when federal courts will adjudicate disputes.
Download or read book A Treatise on Government and Constitutional Law written by Joel Tiffany and published by . This book was released on 1867 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Right to Lie written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Download or read book Justice and Jurisprudence written by Brotherhood of Liberty and published by Philadelphia : J.B. Lippincott. This book was released on 1889 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by Oxford University Press. This book was released on 2007-06-27 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
Download or read book The Unwritten Constitution of the United States written by Christopher Gustavus Tiedeman and published by New York : G.P. Putnam's sons. This book was released on 1890 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law in the United States written by Randall Walton Bland and published by Austin & Winfield Publishers. This book was released on 1999 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law in the United States is a clear and focused discussion of the key elements of constitutional law. Part one analyses the structure and authority of the U.S. government. Part two covers the regulation of the economy, and part three assesses the individual and civil rights under the Constitution. Several cases have been added to this third edition, nearly doubling the size of the text. The structure of the work is only slightly modified. The number of chapters remains the same, but they are now grouped under but two divisions: 'The Structures and Powers of Government' and 'Civil Rights and Liberties.'
Download or read book Whose Constitution written by Henry Agard Wallace and published by . This book was released on 1936 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Brief Enquiry Into the True Nature and Character of Our Federal Government written by Abel Parker Upshur and published by . This book was released on 1840 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Confederate Constitution of 1861 written by Marshall L. DeRosa and published by University of Missouri Press. This book was released on 1991-11 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Confederate Constitution of 1861, Marshall DeRosa argues that the Confederate Constitution was not, as is widely believed, a document designed to perpetuate a Southern "slaveocracy," but rather an attempt by the Southern political leadership to restore the Anti-Federalist standards of limited national government. In this first systematic analysis of the Confederate Constitution, DeRosa sheds new light on the constitutional principles of the CSA within the framework of American politics and constitutionalism. He shows just how little the Confederate Constitution departed from the U.S. Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.
Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
Download or read book Originalism Federalism and the American Constitutional Enterprise written by Edward A. Purcell and published by Yale University Press. This book was released on 2007-12-28 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.
Download or read book We the People The Fourteenth Amendment and the Supreme Court written by Michael J. Perry and published by Oxford University Press. This book was released on 2001-11-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies.
Download or read book Constitutional Law in the United States written by Randall Walton Bland and published by . This book was released on 1976 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law written by Jesse H. Choper and published by West Academic Publishing. This book was released on 2006 with total page 1768 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Mr Gruber shows Paddington an outdoor painting exhibition he is inspired to take up a new hobby…After attending an Outside Exhibition, Paddington is inspired to take up painting himself. He gets busy with his own paints and holds his own exhibition, but is discouraged by the problems of self portraiture – forgetting what he looks like in the mirror! Then a mystery art collector buys up his entire works. This is just the boost he needs, and he's soon busily trying his first family portrait!Read by THE WONDERFUL JIM BROADBENT!!!
Download or read book TREATISE ON GOVERNMENT AND CONSTITUTIONAL LAW written by JOEL. TIFFANY and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Treatise on Government and Constitutional Law written by Joel Tiffany and published by Arkose Press. This book was released on 2015-11-02 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
