Download or read book Constitutional Preambles written by Wim Voermans and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.
Download or read book Constitutional Preambles At a Crossroads Between Politics and Law written by Justin Orlando Frosini and published by Maggioli Editore. This book was released on 2012 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution written by Daniel W. Weidner and published by Enslow Publishing. This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the preamble and individual articles of the United States Constitution, as well as how this important document was written, how it has developed through the years, and how it is enforced.
Download or read book We the Kids written by David Catrow and published by Penguin. This book was released on 2005-04-21 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brush up on the Preamble to the Constitution with this patriotic picture book—and have a couple of good laughs while you're at it! A long time ago some smart guys wrote the Preamble to the Constitution. You have probably read it before, but do you know what it means? And did it ever make you laugh? Now it will! Perfect for inspiring discussion in classrooms and around kitchen tables, this fun-filled and cheerfully illustrated look at the Preamble provides an accessible introduction to America's founding ideals for citizens of all ages. Includes a glossary of terms and a foreword by the artist. "This zany, patriotic paean offers kids lighthearted but meaningful incentive to reflect further on the relevance of those 'big words' and 'big ideas.'"—Publishers Weekly
Download or read book Tales of the Constituent Moment written by Eren Paydaş and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Ethos written by Alexander Tsesis and published by Oxford University Press. This book was released on 2017-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
Download or read book The Preamble and Mission of the Constitution written by Michael J. C. Taylor and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prologue : We, the people of the United States -- Political sovereignty and its influence on American constitutionalism -- "In order to form a more perfect union" : the social contract and the reclamation of American independence -- "Establish justice" : impartiality and equity under a federal government -- Insure domestic tranquility : a united nation through a balanced government -- Provide for the common defense : protecting a new nation under the constitution -- Promote the general welfare : the federal government and the public good -- Secure the blessings of liberty : the constitution and privacy in the surveillance state -- Epilogue : do ordain and establish : the constitution and the modern American citizen
Download or read book The Constitution The Preamble written by Gina Capaldi and published by Teaching and Learning Company. This book was released on 2009-09-01 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: The activities in this packet will introduce students to one of the most important documents in the history of our country: the Constitution. They will learn about the events and people that shaped the Preamble and will become closely acquainted with key ideas and phrases.
Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Download or read book Preamble written by R. C. Lahoti and published by . This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book We the Peoples written by Tom Ginsburg and published by . This book was released on 2013 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: We like to think that constitutions are expressions of distinctly national values, speaking for 'We the People.' This is especially true of constitutional preambles, which often recount distinct events from national history and speak to national values. This article challenges this popular view by demonstrating the global influences on constitutional preambles. It does so using a new set of tools in linguistic and textual analysis, applied to a database of most constitutional preambles written since 1789. Arguing that legal language can be analogized to memes or genetic material, we analyze 'horizontal' transfer of language across countries and 'vertical' transfers within a single country over time. We also examine the circumstances in which countries introduce new terms into preambles, showing that countries innovate when neighbors innovate, and that innovations come in global waves. We show that innovation in language is something like punctuated equilibrium within an ecosystem. For long periods of stasis, countries borrow from one another and restrict their language to a set of common terms and phrases. Then, at particular junctures (likely associated with global conflicts), the equilibrium becomes disrupted and a period of innovation ensues. This eventually generates the 'new normal' in terms of the set of language that constitutional drafters use. The article provides an example of how text analysis can help us understand the ways in which legal texts are interrelated across space and time.
Download or read book For Ourselves and Our Posterity written by Peter Charles Hoffer and published by Critical Historical Encounters. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In For Ourselves and Our Posterity: The Preamble to the Federal Constitution in American History, author Peter Charles Hoffer offers a sweeping, dramatic narration of a crucial moment in Early American history. Over the course of five days in September 1787, five men serving on an ad hoc "Committee of Style and Arrangement" edited the draft of the federal Constitution at the Constitutional Convention, profoundly recasting the wording of the Preamble. In so doing, the committee changed a federation into a Union and laid out an ambitious program for national governance many years ahead of its time. The Preamble and all that it came to represent was the unique achievement of a remarkable group of men at a momentous turning point in American history. Providing a clear exposition of constitutional issues, For Ourselves and Our Posterity features individual portraits of the leading framers at the heart of this dramatic event.
Download or read book Preamble to the U S Constitution eBook written by Douglas M. Rife and published by Lorenz Educational Press. This book was released on 1998-03-01 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduce students to the reasons why the framers wrote the Constitution, learn about the arguments that shaped this amazing document and discover the importance of these concepts to society today. Includes time lines, activities and a card game.
Download or read book The Preamble as Policy written by Robert Irons and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Preamble as Policy examines the history of the development of the Constitution to show how the Preamble can be used to judge the laws and policies enacted by the federal government. It also investigates how past administrations have fared when evaluated through the lens of the Preamble.
Download or read book Reconsidering Constitutional Formation I National Sovereignty written by Ulrike Müßig and published by Springer. This book was released on 2016-08-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)
Download or read book We the Kids written by and published by Scholastic. This book was released on 1948-01 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: A long time ago some smart guys wrote the Preamble to the Constitution. You have probably read it before, but do you know what it means? And did it ever make you laugh? Now it will Perfect for inspiring discussion in classrooms and around kitchen tables, this fun-filled and cheerfully illustrated look at the Preamble provides an accessible introduction to America's founding ideals for citizens of "all" ages. Includes a glossary of terms and a foreword by the artist.
