Download or read book Constitutional Debate in Action written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume provides in-depth and updated examinations of key landmark decisions. Criminal Justice covers: Incorporation and the Right to a Jury Trial: Duncan v. Louisiana, Police Confessions: Miranda v. Arizona, Plea Bargaining North Carolina v. Alford, The Exclusionary Rule: United States v. Leon, and The Death Penalty: Gregg v. Georgia.
Download or read book Constitutional Debate in Action written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2004 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume examines in depth five landmark decisions. Governmental Powers covers: The Power of Judicial Review, The Commerce Power, The War Power, Presidential Emergency Powers, and Executive Privilege. Visit our website for sample chapters!
Download or read book Constitutional Debate in Action written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2005 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume provides in depth and updated examinations of key landmark decisions. Civil Rights and Liberties covers: Racial Discrimination, Affirmative Action, Abortion, Hate Speech, and Peyote Use and Religious Freedom, and, new to the Second Edition, a completely new chapter on Campaign Finance Regulation and Freedom of Speech. Visit our website for sample chapters!
Download or read book The Debates and Proceedings of the Constitutional Convention of the State of Virginia written by Virginia. Constitutional Convention and published by . This book was released on 1868 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remnants of Belief written by Louis Michael Seidman and published by . This book was released on 1996 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reverse Discrimination written by Ralph A. Rossum and published by . This book was released on 1980 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notes of Debates in the Federal Convention of 1787 written by James Madison and published by Ohio University Press. This book was released on 2022-08-09 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Madison’s record of the Constitutional Convention traces day by day the debates held from May to September 1787 and presents the only complete picture we have of the strategy, interests, and ideas of the Founders at the convention itself. In this indispensable primary document, Madison not only provides detailed insights into one of the great events of US history, but clearly sets forth his own position on such issues as the balance of powers, the separation of functions, and the general role of the federal government. More than in Federalist, which shows the carefully formalized conclusions of his political thought, we see in Debates his philosophy in action, evolving in daily tension with the viewpoints of the other delegates. It is for this reason that Debates is invaluable for placing in perspective the incomplete records of such well-known figures as Rufus King and Alexander Hamilton, and the constitutional plans of such men as Edmund Randolph and Charles Pinckney. Madison’s contemporaries regarded him as the chief statesmen at the Philadelphia convention; in addition to this, his record outranks in importance all the other writings of the founders of the American republic. He is thus identified, as no other man is, with the making of the Constitution and the correct interpretation of the intentions of its drafters. New to this edition of Debates is a thorough, scholarly index of some two thousand entries.
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 Report of the Debates in the Convention of California on the Formation of the State Constitution in September and October 1849 by J Ross Browne written by California and published by . This book was released on 1850 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Public Forum and Congressional Debate written by Jeffrey Hannan and published by Idea. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceived and written by three of the most successful and talented National Forensic League coaches and educators, this text brings together current best practices for Public Forum and Congressional Debate.
Download or read book The Debate on the Constitution written by Bernard ... Bailyn and published by . This book was released on 1993 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Logic of Affirmative Action written by Ronald J. Fiscus and published by Duke University Press. This book was released on 1996-01-22 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.
Download or read book Debating Federalism written by Aaron N. Coleman and published by Lexington Books. This book was released on 2018-11-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reader includes documents selected to show the tension between federalism and concentrated sovereignty throughout American history. The book is accompanied by an introductory essay and additional annotations, and the editors argue that federalism was the Founding Fathers’ intended political system.
Download or read book European constitutional law in action Visiting a public debate at the Swiss Federal Supreme Court written by Marc Forster and published by . This book was released on 1993 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and published by Routledge. This book was released on 2018-03-08 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Download or read book Public Opinion and Constitutional Controversy written by Nathaniel Persily and published by Oxford University Press. This book was released on 2008-04-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: American politics is most notably characterized by the heated debates on constitutional interpretation at the core of its ever-raging culture wars, and the coverage of these lingering disputes are often inundated with public-opinion polls. Yet for all their prominence in contemporary society, there has never been an all-inclusive, systematic study of public opinion and how it impacts the courts and electoral politics. Public Opinion and Constitutional Controversy is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse. Each essay also vividly details the gap between the public and the Supreme Court on these hotly contested issues and analyzes how and why this divergence of opinion has grown or shrunk over the last fifty years. Ultimately, Public Opinion and Constitutional Controversy sheds light on a major yet understudied part of American politics, providing an incisive look at the crucial part played by the voice of the people on the issues that have become an indelible part of the modern-day political landscape.
Download or read book Contest for Constitutional Authority written by Susan Burgess and published by . This book was released on 1992 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act. Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the Constitution.
