Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Download or read book Conservatives in an Age of Change written by James A. Reichley and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1969 to 1977 the executive branch of the U.S. government was dominated by politicians and their advisers who called themselves "conservatives." In their speeches they professed belief in such values and institutions as social order, military strength, market capitalism, governmental decentralization, and traditional morality. But did these social ideas have much influence on their actual policy decisions? Or were their decisions, as some observers have argued, largely based on personal ambition, partisan interest, and pragmatic response to the day-to-day problems of government? To answer these questions, A. James Reichley examines the effects of conservative ideology on the formation of specific administration policies under the presidencies of Richard Nixon and Gerald Ford. The policies covered include the development of detente with the Soviet Union, welfare reform, revenue sharing, resistance to "busing," the imposition of wage and price controls in 1971, and governmental reorganization under Nixon; and, under Ford, adjustment to the rise of the third world and problems with detente, the drive for decontrol of oil prices, and the fight against inflation. In the last chapter Reichley considers whether the Nixon and Ford administrations can be truly described as conservative, and suggests what the future role of conservatism in American politics is likely to be.

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 California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 1st Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 3rd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 4th Appellate District Division 1 Records and Briefs written by California (State). and published by . This book was released on with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 5th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 4th Appellate District Division 2 Records and Briefs written by California (State). and published by . This book was released on with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Big Money Unleashed written by Ann Southworth and published by University of Chicago Press. This book was released on 2023-12-15 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how the First Amendment became an obstacle to campaign finance regulation—a history that began much earlier than most imagine. Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles—but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable. Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.

Download or read book 108 1 Hearing Confirmation Hearings on Federal Appointments S Hrg 108 135 Part 2 February 5 2003 Etc written by and published by . This book was released on 2004 with total page 1480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Eminent Domain Use and Abuse written by Dwight H. Merriam and published by American Bar Association. This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.

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 1478 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book SLAPPs written by George William Pring and published by Temple University Press. This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.

Download or read book California Court of Appeal 6th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: APPLICATION FOR PERMISSION TO FILE AMICUS CURIAE