Download or read book The Age of Strict Construction written by Peter Zavodnyik and published by CUA Press. This book was released on 2007-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Strict Construction explores the growth of the federal government's power and influence between 1789 and 1861, and the varying reactions of Americans to that growth.
Download or read book Handbook for We the People written by Bobby Hilliard and published by . This book was released on 2016-04-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book teaches what most other books on this subject fail to teach. A strict construction understanding of the Constitution is eye-opening. It is not common knowledge, but should be. Most of what has been taught and promoted in the past is contrary to the founders' intentions. This approach uses only original source documents in order to get the most authoritative meanings in the Constitution as the founders intended.
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.
Download or read book Construction Construed and Constitutions Vindicated written by John Taylor and published by . This book was released on 1820 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Willie Mangum and the North Carolina Whigs in the Age of Jackson written by Benjamin L. Huggins and published by McFarland. This book was released on 2016-05-17 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1820s, young congressman Willie Mangum imbibed the political philosophy of North Carolina's senior senator Nathaniel Macon, the "prophet of pure republicanism." From his election in 1824, Mangum was at the epicenter of national and state government. In the 1830s, he emerged as leader of an opposition party--the Whigs--and became an opponent of Andrew Jackson and his Democratic Party. Mangum's career offers insight into the ideology and politics of North Carolina's Whigs. Opposition to executive power was fundamental to the Whig platform but in North Carolina the party was a coalition that melded the Old Republicans' creed with the National Republican economic agenda touted by Henry Clay, a combination that enabled them to dominate. Mangum and the Carolina Whigs have received little attention from scholars. This book traces their rapid rise to power and their even more rapid fall in the years prior to the Civil War.
Download or read book Monitoring American Federalism written by Christian G. Fritz and published by Cambridge University Press. This book was released on 2023-01-26 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
Download or read book State and Citizen written by Peter Thompson and published by University of Virginia Press. This book was released on 2013-03-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pointing the way to a new history of the transformation of British subjects into American citizens, State and Citizen challenges the presumption that the early American state was weak by exploring the changing legal and political meaning of citizenship. The volume’s distinguished contributors cast new light on the shift from subjecthood to citizenship during the American Revolution by showing that the federal state played a much greater part than is commonly supposed. Going beyond master narratives—celebratory or revisionist—that center on founding principles, the contributors argue that geopolitical realities and the federal state were at the center of early American political development. The volume’s editors, Peter Thompson and Peter S. Onuf, bring together political science and historical methodologies to demonstrate that citizenship was a political as well as a legal concept. The American state, this collection argues, was formed and evolved in a more dialectical relationship between citizens and government authority than is generally acknowledged. Suggesting points of comparison between an American narrative of state development—previously thought to be exceptional—and those of Europe and Latin America, the contributors break fresh ground by investigating citizenship in its historical context rather than by reference only to its capacity to confer privileges.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Reports of the Supreme Court of Pennsylvania from the Year 1754 to the Year 1844 Condensed by T J Fox Alden Vol 2 3 Containing Reports by Binney and Others written by Pennsylvania. Supreme Court and published by . This book was released on 1854 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 108 1 Hearings Confirmation Hearings on Federal Appointments S Hrg 108 135 Part 3 April 30 May 7 May 22 June 25 and July 9 2003 written by and published by . This book was released on 2004 with total page 1238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confirmation Hearing on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2004 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reports of Cases Adjudged in the Supreme Court of Pennsylvania written by Horace Binney and published by . This book was released on 1813 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reports of Cases Adjudged in the Supreme Court of Pennsylvania By H Binney Second Edition 1799 1814 written by Pennsylvania. Supreme Court and published by . This book was released on 1813 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studies in the History of Tax Law Volume 1 written by John Tiley and published by Hart Publishing. This book was released on 2004-05 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the full text of the papers given at the first Tax Law History Conference in Cambridge in September 2002 and organised by the Cambridge Law Facultys Centre for Tax Law. The papers ranged widely from the time of King John to the 20th century,from Tudor Englands Statute of Wills to the American taxes on slaves, from Hong Kong, Australia and Israel. The sources ranged from the Public Record office to the bowels of Somerset House. The topics ranged from the tax base through tax administration to tax policy making as well as providing detailed accounts of the UKs remittance basis of taxation and the Excess Profits Duty of the First World War. All students of tax law and tax history will want to read these papers by an international team of leading scholars in tax law and history.
Download or read book The Rehnquist Choice written by John W. Dean and published by Simon and Schuster. This book was released on 2002-02-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.
Download or read book A History of the English Poor Law in Connection with the State of the Country and the Condition of the People written by George Nicholls and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the final edition containing revisions made by the author and a biography, along with the supplementary volume by Thomas Mackay. Nicholls [1781-1865] was a pioneering poor-law reformer and administrator. While Great Britain's Poor Law Commissioner he drafted the Irish Poor-Law Act (1832). One of the first to assert that relief bred a culture of dependency and a resistance to work, he advocated the abolition of relief except as a last resort. In addition to the present study he wrote A History of the Scotch Poor Law (1856) and A History of the Irish Poor Law (1856), both of which are available in reprint editions by The Lawbook Exchange, Ltd. Like his other studies, this one relates the evolution of poor laws since the medieval era to economic, social and political history. Notably sophisticated works, they were held in high regard by Sir Leslie Stephen and F.W. Maitland.
