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Book The  higher Law  Background of American Constitutional Law

Download or read book The higher Law Background of American Constitutional Law written by Edward Samuel Corwin and published by . This book was released on 1961 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having written extensively on various aspects of the American constitutional order, Edward S Corwin is considered a leading constitutional scholar of the twentieth century. Alpheus Mason described Corwin's writings as 'sources of learning and understanding - hallmarks to emulate and revere'. "The Higher Law Background of American Constitutional Law" is of unique value in connecting the Western European experience - from the classical world, the Middle Ages, and the seventeenth-century thought of Coke and Locke - to the American founding. This renowned work provides a bold and accurate outline of the tradition behind the 'higher law' of the United States and places in historical context the political philosophy underlying the US Declaration of Independence and Constitution. This volume addresses questions such as: where did the idea of a 'higher law' originate? how has it been able to survive and in what transformations? what special forms of it are of particular interest for historians and political theorists? and; how was it brought to America and wrought into the American system of government? As Clinton Rossiter notes in his prefatory note, 'No one can come away from reading ("Higher Law") without realizing how much we in America are part of Western civilization. The men we meet in the pages of this essay - Demosthenes, Sophocles, Aristotle, Cicero, Seneca, Ulpian, Gaius, John of Salisbury, Isidore of Seville, St. Thomas Aquinas, Bracton, Fortescue, Coke, Grotius, Newton, Hooker, Pufendorf, Locke, Blackstone - all insisted that the laws by which men live can and should be the 'embodiment of essential and unchanging justice', and we may salute them respectfully as founding fathers of our experiment in ordered liberty'. In this volume Corwin demonstrates how the concept of a higher law developed and was understood by the leading thinkers of the American Revolutionary period as well as how the ideal of the higher law impacted the creation of the American Constitution. Students, scholars, and general interested readers of constitutional law and political theory will find inspiration in the pages of "The Higher Law Background of American Constitutional Law".

Book The Higher Law

    Book Details:
  • Author : Edward S. Corwin
  • Publisher : Literary Licensing, LLC
  • Release : 2011-10-01
  • ISBN : 9781258146733
  • Pages : 102 pages

Download or read book The Higher Law written by Edward S. Corwin and published by Literary Licensing, LLC. This book was released on 2011-10-01 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The 2 Higher Law

    Book Details:
  • Author : Edward Samuel Corwin
  • Publisher :
  • Release : 1955
  • ISBN :
  • Pages : 0 pages

Download or read book The 2 Higher Law written by Edward Samuel Corwin and published by . This book was released on 1955 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Higher Law Background of American Constitutional Law

Download or read book The Higher Law Background of American Constitutional Law written by Edward Samuel 1878-1963 Corwin and published by Hassell Street Press. This book was released on 2021-09-09 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Book The Higher Law Background of American Constitutional Law

Download or read book The Higher Law Background of American Constitutional Law written by Edward S (Edward Samuel) 18 Corwin and published by Hassell Street Press. This book was released on 2021-09-10 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Book The Essentials of American Constitutional Law

Download or read book The Essentials of American Constitutional Law written by Francis Newton Thorpe and published by Good Press. This book was released on 2019-12-02 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Essentials of American Constitutional Law by Francis Newton Thorpe is an essential guide to understanding the foundational principles and legal framework of the United States. Thorpe's comprehensive work covers the history, development, and interpretation of the Constitution, providing a valuable resource for anyone interested in American law and governance.

Book American Constitutional Law  Volume I

Download or read book American Constitutional Law Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2019-07-23 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

Book The Higher Law and the Rights of Man in a Revolutionary Society

Download or read book The Higher Law and the Rights of Man in a Revolutionary Society written by Paul G. Kauper and published by . This book was released on 1974 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book American Constitutional Law

    Book Details:
  • Author : Donald P. Kommers
  • Publisher : Rowman & Littlefield Publishers
  • Release : 2010
  • ISBN : 9780742563681
  • Pages : 818 pages

Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.

Book Corwin on the Constitution

Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.

Book The Dynamic Constitution

    Book Details:
  • Author : Richard H. Fallon
  • Publisher : Cambridge University Press
  • Release : 2013-04-22
  • ISBN : 1107021405
  • Pages : 433 pages

Download or read book The Dynamic Constitution written by Richard H. Fallon and published by Cambridge University Press. This book was released on 2013-04-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

Book The Revival of Natural Law Concepts

Download or read book The Revival of Natural Law Concepts written by Charles Grove Haines and published by Russell & Russell Publishers. This book was released on 1965 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1930. Bibliography: p. [351]-371. Bibliographical footnotes.

Book American Constitutional Law

    Book Details:
  • Author : Alpheus Thomas Mason
  • Publisher : Routledge
  • Release : 2015-08-07
  • ISBN : 1317350510
  • Pages : 749 pages

Download or read book American Constitutional Law written by Alpheus Thomas Mason and published by Routledge. This book was released on 2015-08-07 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.

Book Freedom s Law

    Book Details:
  • Author : Ronald Dworkin
  • Publisher : OUP Oxford
  • Release : 1999
  • ISBN : 0198265573
  • Pages : 438 pages

Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Book The Arc of Due Process in American Constitutional Law

Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-03-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Book American Constitutional Law

Download or read book American Constitutional Law written by Louis Fisher and published by McGraw-Hill Companies. This book was released on 1990 with total page 1448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This basic text for courses in American Constitutional law contains texts, readings, documents and cases. The author's intent has been to go beyond the analysis of court cases and to analyze the political, historical and social framework in which decisions are handed down.

Book 51 Imperfect Solutions

    Book Details:
  • Author : Judge Jeffrey S. Sutton
  • Publisher : Oxford University Press
  • Release : 2018-05-07
  • ISBN : 0190866063
  • Pages : 288 pages

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.