Download or read book The Ninth Amendment and the Politics of Creative Jurisprudence written by Marshall DeRosa and published by Routledge. This book was released on 2017-11-30 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
Download or read book The Ninth Amendment and the Politics of Creative Jurisprudence written by Marshall L. DeRosa and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government.In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary.By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners."--Provided by publisher.
Download or read book Government by Judiciary written by Raoul Berger and published by . This book was released on 1977 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Encyclopedia of Constitutional Amendments Proposed Amendments and Amending Issues 1789 2023 2 volumes written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2023-10-19 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.
Download or read book Encyclopedia of Constitutional Amendments Proposed Amendments and Amending Issues 1789 2015 2 volumes written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2015-07-20 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.
Download or read book The Ninth Amendment written by Kathy Furgang and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.
Download or read book Defending Freedom of Contract Constitutional Solutions to Resolve the Political Divide written by Patrick Bohan and published by Lulu.com. This book was released on 2019-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.
Download or read book The Politics of Dissolution written by Marshall L. DeRosa and published by Transaction Publishers. This book was released on with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of late antebellum U.S. Senate speeches exemplifies the official statements of the public men from the South, North, and West as they struggled with the questions of national identity and the right of self-government within the context of the rule of law.
Download or read book American Constitutional Law 8E 2 VOL SET written by Ralph A. Rossum and published by Routledge. This book was released on 2021-11-19 with total page 2570 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law provides a comprehensive account of the nation's defining document. Based on the premise that the study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America, the volumes in this set put current events in terms of what those who initially drafted and ratified the Constitution sought to accomplish. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Volume I focuses on federal rights and powers, and volume II focuses on individuals' rights and responsibilities. Available individually or as a two-volume set, they are perfect for a one- or two-semester course on constitutional law and civil liberties.
Download or read book Encyclopedia of American Civil Rights and Liberties 4 volumes written by Kara E. Stooksbury and published by Bloomsbury Publishing USA. This book was released on 2017-09-21 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of—and appreciation for—the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions.
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by Routledge. This book was released on 2017-11-30 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An Introduction to the Philosophy of Law, Roscoe Pound shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities - including liability law, contract law, and property law - is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.
Download or read book American Conservatism written by Bruce Frohnen and published by Open Road Media. This book was released on 2014-05-20 with total page 1355 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A must-own title.” —National Review Online American Conservatism: An Encyclopedia is the first comprehensive reference volume to cover what is surely the most influential political and intellectual movement of the past half century. More than fifteen years in the making—and more than half a million words in length—this informative and entertaining encyclopedia contains substantive entries on those persons, events, organizations, and concepts of major importance to postwar American conservatism. Its contributors include iconic patriarchs of the conservative and libertarian movements, celebrated scholars, well-known authors, and influential movement activists and leaders. Ranging from “abortion” to “Zoll, Donald Atwell,” and written from viewpoints as various as those which have informed the postwar conservative movement itself, the encyclopedia’s more than 600 entries will orient readers of all kinds to the people and ideas that have given shape to contemporary American conservatism. This long-awaited volume is not to be missed.
Download or read book Calhoun and Popular Rule written by H. Lee Cheek and published by University of Missouri Press. This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although John C. Calhoun (1782-1850) remains one of the major figures in American political thought, many of his critics have tried to discredit him as merely a Southern partisan whose ideas were obsolete even during his lifetime. In Calhoun and Popular Rule, H. Lee Cheek, Jr., attempts to correct such misconceptions by presenting Calhoun as an original political thinker who devoted his life to the recovery of a "proper mode of popular rule." As the first combined evaluation of Calhoun's most important treatises, The Disquisition and The Discourse, this work merges Calhoun's theoretical position with his endeavors to restore the need for popular rule. It also compares Calhoun's ideas with those of other great political thinkers such as Thomas Jefferson and James Madison--while explaining what is truly unique about Calhoun's political thought.
Download or read book Money Power and Elections written by Rodney A. Smith and published by LSU Press. This book was released on 2014-04-07 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have campaign finance reform laws actually worked? Is money less influential in electing candidates today than it was thirty years ago when legislation was first enacted? Absolutely not, argues Rodney A. Smith in this passionately written, fact-filled, and provocative book. According to Smith, the laws have had exactly the opposite of their intended effect. They have increased the likelihood that incumbents in the House and Senate will be reelected, and they have greatly diminished the chances that candidates who are not wealthy will be elected. Smith's claims are supported by convincing data; he collected and analyzed information about all federal elections since 1920. These data show clearly that money matters now more than ever. Smith thinks that reform legislation has created a new inequality for candidates that, if left unchecked, threatens to destroy the American electoral process by obliterating the foundational principle of free speech. He argues that "money buys speech" and when candidates lack money to buy media time and space they are effectively silenced. Their inability to "speak freely" violates the most significant intentions of our nation's founders: that a sovereign citizenry elect its own leaders based on a free exchange of ideas. For Smith, campaign finance reform has unwittingly unbalanced the checks and balances created by the Framers of the Constitution. After presenting a detailed historical overview of how we have reached the present crisis, Smith proposes a simple solution: institute a process that completely discloses relevant information about campaign donors and recipients of donations. All disclosures would be available to the media, which would be able to investigate and report them fully. Only then, Smith believes, will the United States have the opportunity to be the democratic republic that its founders intended.
Download or read book States Rights and the Union written by Forrest McDonald and published by . This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: McDonald (history, U. of Alabama) explores the balance between general and local authority in government. Tracing the concept of states' rights from the Declaration of Independence to the end of Reconstruction, he illuminates the constitutional, political, and economic contexts in which the issues have evolved. Annotation copyrighted by Book News Inc., Portland, OR
Download or read book Reclaiming Liberty written by Kennedy, James Ronald and published by Pelican Publishing. This book was released on with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blueprint for a "Liberty-Based Society." The present movement toward an all-powerful government is approaching exhaustion. Recognizing that special interests-both liberal and conservative-participating in the spoils of the system have failed to defend Americans' personal freedoms, James Ronald Kennedy has issued a call to action. By following these steps, modern Americans can establish a "Liberty-Based Society" and recapture a Jacksonian democracy in which everyone enjoys the rights and prosperity envisioned by our forefathers. Mr. Kennedy presents workable solutions, supported by our original Constitution, to combat runaway taxation, federal interference, welfare abuse, and other current societal ills. He offers historical evidence to support his conviction that all Americans will benefit, grow, and prosper in an audacious new society that encourages personal accountability, self-determinism, and individual ambition.
Download or read book Political Science Quarterly written by and published by . This book was released on 1996 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers timely analysis of both domestic and foreign policy issues as well as of political institutions and processes.
