Download or read book Humphrey s Executor V United States 1935 written by United States. Supreme Court and published by . This book was released on 1975 with total page 937 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Humphrey s Executor V United States 1935 United States V Butler 1936 written by Philip B. Kurland and published by . This book was released on 1975 with total page 937 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Humphrey s Executor V United States written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Unitary Executive written by Steven G. Calabresi and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.

Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Download or read book The Supreme Court Reborn written by William E. Leuchtenburg and published by Oxford University Press. This book was released on 1996-10-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.

Download or read book Summaries of Leading Cases on the Constitution written by Paul C. Bartholomew and published by Rowman & Littlefield Publishers. This book was released on 2000-02-09 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative text and reference work is based upon landmark cases decided by the Supreme Court and still prevailing. Widely adopted and recommended for courses and research in American history, constitutional law, government, and political science. Clear, concise summaries of the most frequently cited cases since the establishment of the U.S. Supreme Court; each summary gives the question at issue, the decision and the reason behind it, votes of the justices, pertinent corollary cases, and notes offering further information on the subject; detailed explanation of the organization and functions of the Supreme Court; a complete text of the Constitution of the United States; a complete index of all cases cited; listings of all the chief justices and associate justices, the dates of their service, and president who appointed them, their state of origin, and their birth and death dates.

Download or read book The Administrative Process written by James McCauley Landis and published by . This book was released on 1938 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published on the fund established in memory of Ganson Goodyear Depew.

Download or read book The Return of George Sutherland written by Hadley Arkes and published by Princeton University Press. This book was released on 1997-04-22 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.

Download or read book The Contested Removal Power 1789 2010 written by J. David Alvis and published by University Press of Kansas. This book was released on 2013-09-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution is clear on the appointment of executive officials: the president nominates, the Senate approves. But on the question of removing those officials, the Constitution is silent—although that silence has not discouraged strenuous efforts to challenge, censure, and even impeach presidents from Andrew Jackson to Bill Clinton. As J. David Alvis, Jeremy D. Bailey, and Flagg Taylor show, the removal power has always been and continues to be a thorny issue, especially as presidential power has expanded dramatically during the past century. Linking this provocative issue to American political and constitutional development, the authors recount removal power debate from the Founding to the present day. Understanding the historical context of outbreaks in the debate, they contend, is essential to sorting out the theoretical claims from partisan maneuvering and sectional interests, enabling readers to better understand the actual constitutional questions involved. After a detailed review of the Decision of 1789, the book examines the initial assertions of executive power theory, particularly by Thomas Jefferson and Andrew Jackson, then the rise of the argument for congressional delegation, beginning with the Whigs and ending with the impeachment of Andrew Johnson. The authors chronicle the return of executive power theory in the efforts of Presidents Grant, Hayes, Garfield, and Cleveland, who all battled with Congress over removals, then describe the emergence of new institutional arrangements with the creation of independent regulatory commissions. They conclude by tracking the rise of the unitarians and the challenges that this school has posed to the modern administrative state. Although many scholars consider the matter to have been settled in 1789, the authors argue that a Supreme Court case as recent as 2010—Free Enterprise Fund v. Public Company Accounting Oversight Board—shows the extent to which questions surrounding removal power remain unresolved and demand more attention. Their work offers a more nuanced and balanced account of the debate, teasing out the logic of the different institutional perspectives on this important constitutional question as no previous book has.

Download or read book Summaries of Leading Cases on the Constitution written by Menez and published by Rowman & Littlefield Publishers. This book was released on 2004-10-26 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1954, Summaries of Leading Cases on the Constitution quickly became the gold standard for concise summaries of important U.S. Supreme Court cases on constitutional law. Covering decisions from the establishment of the Court to the present, the book incorporates every facet of constitutional law, including the powers and privileges of the three branches of the national government, federalism, war powers, and extensive briefs on civil rights and liberties. The fourteenth edition has been thoroughly reorganized to make it easier to use and to correspond more closely to the outline of the U.S. Constitution. In addition, it includes information on important concurring and dissenting opinions, the complete text of the Constitution, a readily useable index and dictionary, and information about Supreme Court justices. Updated through the end of the 2003 term, the fiftieth anniversary edition of Summaries of Leading Cases on the Constitution is an essential resource for law students, lawyers, and everyone interested in our nation''s Constitution.

Download or read book The Constitution of the United States of America Analysis and Interpretation Centennial Edition Analysis of Cases Decided by the Supreme Court of the United States to June 28 2012 written by United States and published by Government Printing Office. This book was released on 2013 with total page 2818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.

Download or read book Science and Liberty Patient Confidence in the Ultimate Justice of the People written by John L. Cordani Jr. and published by Vernon Press. This book was released on 2022-01-04 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most debated topics in law and politics is the role that science should play in setting policy. What does it mean to demand that politicians and the People themselves “follow the science” if science deals with questions of fact, not matters of moral or political values? This long-standing controversy has roots ranging from Plato’s philosopher-kings to Enlightenment skepticism to modern progressivism and the rise of the administrative state. ‘Science and Liberty’ explores the idea that a constitutional republic provides a fitting role for science while preserving the People’s liberty and right to self-government. It examines this topic from five perspectives: American, Historical, Philosophical, Scientific, and Moral. Providing direct access to primary historical sources, ‘Science and Liberty’ contends that America’s founders designed a constitution that was predicated on the Enlightenment theory that liberty precedes government and that presupposed the engagement of the People and their representatives at all levels of free debate. Early twentieth-century progressivism was openly hostile to these founding principles in its desire for efficient rule by scientific administrators. However, it is impossible to philosophically ground political and moral values in the findings of science, despite what modern theorists claim. Ultimately, the injunction to “follow the science” demands to substitute the values of “experts” for the values of the People themselves. By illustrating numerous examples from the hard and social sciences, ranging from physics to Biblical criticism to climate science, this book also explains that the People have a role to play in reasonably engaging with and critiquing modern science. ‘Science and Liberty’ will appeal to those interested in a variety of subjects, including law, politics, philosophy, and intellectual history, as well as scientific criticism, particularly from an American perspective. It is written to be accessible for all ages while also engaging with complex issues and sources relevant for those with advanced degrees.

Download or read book Special Prosecutor written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1973 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Hearings held on October 29 30 31 November 1 5 6 7 8 14 15 and 20 1973 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1973 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oath and the Office A Guide to the Constitution for Future Presidents written by Corey Brettschneider and published by W. W. Norton & Company. This book was released on 2018-09-18 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A cleareyed, accessible, and informative primer: vital reading for all Americans." —Kirkus Reviews, starred review Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president’s executive order? In today’s fraught political climate, it often seems as if we must become constitutional law scholars just to understand the news from Washington, let alone make a responsible decision at the polls. The Oath and the Office is the book we need, right now and into the future, whether we are voting for or running to become president of the United States. Constitutional law scholar and political science professor Corey Brettschneider guides us through the Constitution and explains the powers—and limits—that it places on the presidency. From the document itself and from American history’s most famous court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what “we the people” can do to influence the nation’s highest public office—including, if need be, removing the person in it. In these brief yet deeply researched chapters, we meet founding fathers such as James Madison and Alexander Hamilton, as well as key figures from historic cases such as Brown v. Board of Education and Korematsu v. United States. Brettschneider breathes new life into the articles and amendments that we once read about in high school civics class, but that have real impact on our lives today. The Oath and the Office offers a compact, comprehensive tour of the Constitution, and empowers all readers, voters, and future presidents with the knowledge and confidence to read and understand one of our nation’s most important founding documents.

Download or read book Encyclopedia of the Supreme Court Second Edition written by David Schultz and published by Infobase Holdings, Inc. This book was released on 2021-09-01 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; recommended for all academic and public libraries."—Library Journal "...achieves the goal of presenting a serious overview of the Supreme Court."—Booklist "At its reasonable price this title should be found in every American library, public as well as academic. It should also be purchased by every high school library, no matter how small the school body may be."—American Reference Books Annual From the structure of the Supreme Court to its proceedings, this comprehensive encyclopedia presents the cornerstone of the American justice system. Featuring more than 600 A-to-Z entries—written by leading academics and lawyers—Encyclopedia of the Supreme Court, Second Edition offers a thorough review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Entries include: Abortion Capital punishment Citizens United v. Federal Election Commission Double jeopardy employment discrimination Federalism Masterpiece Cakeshop v. Colorado Civil Rights Commission Obergefell v. Hodges police use of force public health and the U.S. Constitution Thurgood Marshall Title IX and schools United States v. Nixon Earl Warren Wiretapping