Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Download or read book The Supreme Court Reborn written by William E. Leuchtenburg and published by Oxford University Press. This book was released on 1996-10-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Defender in Chief written by John Yoo and published by Macmillan + ORM. This book was released on 2020-07-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.

Download or read book Franklin Roosevelt and the Great Constitutional War written by Marian Cecilia McKenna and published by Fordham Univ Press. This book was released on 2002 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book is a detailed reinterpretation of one of the most explosive events in modern American politics - Franklin Roosevelt's controversial attempt in 1937 to "pack" the Supreme Court by adding justices who supported his New Deal policies. McKenna traces in unprecedented detail theorigins of FDR's plan, its secret history, and the President's final failure. Drawing on a remarkable range of sources McKenna provides the definitive account of a turning point in American political and legal history.

Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Download or read book Too Young to Run written by John Evan Seery and published by Penn State Press. This book was released on 2011 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Examines the history, theory, and politics behind the age qualifications for elected federal office in the United States Constitution. Argues that the right to run for office ought to be extended to all adult-age citizens who are otherwise office-eligible"--Provided by publisher.

Download or read book The Taming of Free Speech written by Laura Weinrib and published by Harvard University Press. This book was released on 2016-10-10 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.

Download or read book The Supreme Court Issue written by Library of Congress. Division of Bibliography and published by . This book was released on 1938 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Wildland written by Evan Osnos and published by Farrar, Straus and Giroux. This book was released on 2021-09-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: INSTANT NEW YORK TIMES BESTSELLER After a decade abroad, the National Book Award– and Pulitzer Prize–winning writer Evan Osnos returns to three places he has lived in the United States—Greenwich, CT; Clarksburg, WV; and Chicago, IL—to illuminate the origins of America’s political fury. Evan Osnos moved to Washington, D.C., in 2013 after a decade away from the United States, first reporting from the Middle East before becoming the Beijing bureau chief at the Chicago Tribune and then the China correspondent for The New Yorker. While abroad, he often found himself making a case for America, urging the citizens of Egypt, Iraq, or China to trust that even though America had made grave mistakes throughout its history, it aspired to some foundational moral commitments: the rule of law, the power of truth, the right of equal opportunity for all. But when he returned to the United States, he found each of these principles under assault. In search of an explanation for the crisis that reached an unsettling crescendo in 2020—a year of pandemic, civil unrest, and political turmoil—he focused on three places he knew firsthand: Greenwich, Connecticut; Clarksburg, West Virginia; and Chicago, Illinois. Reported over the course of six years, Wildland follows ordinary individuals as they navigate the varied landscapes of twenty-first-century America. Through their powerful, often poignant stories, Osnos traces the sources of America’s political dissolution. He finds answers in the rightward shift of the financial elite in Greenwich, in the collapse of social infrastructure and possibility in Clarksburg, and in the compounded effects of segregation and violence in Chicago. The truth about the state of the nation may be found not in the slogans of political leaders but in the intricate details of individual lives, and in the hidden connections between them. As Wildland weaves in and out of these personal stories, events in Washington occasionally intrude, like flames licking up on the horizon. A dramatic, prescient examination of seismic changes in American politics and culture, Wildland is the story of a crucible, a period bounded by two shocks to America’s psyche, two assaults on the country’s sense of itself: the attacks of September 11 in 2001 and the storming of the U.S. Capitol on January 6, 2021. Following the lives of everyday Americans in three cities and across two decades, Osnos illuminates the country in a startling light, revealing how we lost the moral confidence to see ourselves as larger than the sum of our parts.

Download or read book Presidents and Presidencies in American History 4 volumes written by Jolyon P. Girard and published by Bloomsbury Publishing USA. This book was released on 2019-10-07 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative encyclopedia explores the life and times of America's forty-five presidents—from the first administration to that of Donald Trump. Forty-five men have served as President of the United States since George Washington swore the oath of office in 1789 in New York City. Some have proved exceptional leaders, and others have not. Some have faced serious crises, both foreign and domestic. Franklin Roosevelt was elected to four terms, leading the country through a major economic depression and a world war, while one held the office for only a single month. Each, however, played a key role in the evolution of United States history. Each of their histories therefore remains a critical civics lesson to consider. This four-volume encyclopedia provides an expansive analysis of the life and times of each United States president in chronological order from George Washington to Donald Trump. Each chapter includes a timeline, a biographical sketch, a historical overview, and an analytical essay concerning the president and his presidency. Each also includes a substantial selection of related primary documents presenting important presidential speeches and correspondence. A suggested reading list for further study of each president rounds out each entry.

Download or read book The Senate 1789 1989 Addresses on the history of the United States Senate written by Robert C. Byrd and published by . This book was released on 1988 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Senate 1789 1989 written by Robert C. Byrd and published by . This book was released on 1988 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Senate 1789 1989 V 1 Addresses on the History of the United States Senate written by and published by Government Printing Office. This book was released on with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Spirit Of American Law written by George S Grossman and published by Routledge. This book was released on 2018-04-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

Download or read book Constitutional Justice Under Old Constitutions written by Elvind Smith and published by Kluwer Law International B.V.. This book was released on 1995-09-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation