Download or read book The Courts the Constitution and Parties written by Andrew Cunningham McLaughlin and published by . This book was released on 1912 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Court and the Constitution written by Archibald Cox and published by . This book was released on 1987 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform.
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 Comparison of the Constitutions of 1898 and 1913 written by William Octave Hart and published by . This book was released on 1914 with total page 80 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 Congress the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1925 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts and Congress written by William Quirk and published by Routledge. This book was released on 2018-02-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Download or read book Extending Rights Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Download or read book Constitutions Courts and History written by Renata Uitz and published by Central European University Press. This book was released on 2005-08-30 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Download or read book Original Intent written by David Barton and published by Wallbuilder Press. This book was released on 2000-03 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.
Download or read book How Many Judges Does it Take to Make a Supreme Court written by John V. Orth and published by . This book was released on 2006 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through six accessible essays, the author invites students of the law to look beyond accepted American legal practices. One learns why appellate courts always have an odd number of judges, why the power of judges depends partly on accurate court reporting and unitary, "opinions of the court," how common law rules can be unconstitutional, and many other pressing legal issues.
Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Download or read book The Constitution the Courts and the Quest for Justice written by Robert A. Goldwin and published by A E I Press. This book was released on 1989 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Download or read book The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and published by Routledge. This book was released on 2016-04-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Download or read book The Constitution in the Courts written by Michael J. Perry and published by Oxford University Press. This book was released on 1996-01-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern period of American constitutional law--the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)--there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for "judicial review"? What approach to constitutional interpretation should inform the practice of judicial review? How large or small a role should the Court play in bringing the interpreted Constitution to bear in resolving constitutional conflicts? To what extent are the Court's most controversial modern decisions--for example, decisions about racial segregation, discrimination based on sex, abortion, and homosexuality--sound; to what extent are they problematic? The Constitution in the Courts is a major contribution to one of the most fundamental controversies in modern American politics and law.
Download or read book The Constitution and the Courts Fundamental documents Growth of Constitution Notes on Article I written by and published by . This book was released on 1924 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
