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Author : Charles Warren
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.:/5 (9 download)
Download or read book Congress, the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1925 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Warren
Publisher :
ISBN 13 : 9781561697045
Total Pages : 308 pages
Book Rating : 4.6/5 (97 download)
Download or read book Congress, the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1925 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Warren
Publisher :
ISBN 13 : 9780384658905
Total Pages : pages
Book Rating : 4.6/5 (589 download)
Download or read book Congress, the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1987-02-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.3/5 (1 download)
Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author : Lawrence Lessig
Publisher : Oxford University Press
ISBN 13 : 0190932562
Total Pages : 448 pages
Book Rating : 4.1/5 (99 download)
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author : Louis Fisher
Publisher : University Press of Kansas
ISBN 13 : 070061799X
Total Pages : 376 pages
Book Rating : 4.7/5 (6 download)
Download or read book Defending Congress and the Constitution written by Louis Fisher and published by University Press of Kansas. This book was released on 2011-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.
Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author : Raoul Berger
Publisher : Cambridge, Mass : Harvard University Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)
Download or read book Congress V. the Supreme Court written by Raoul Berger and published by Cambridge, Mass : Harvard University Press. This book was released on 1969 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated text examines the legitimacy of judicial review.
Author : Neal Devins
Publisher : Constitutional Conflicts
ISBN 13 : 9780822336129
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)
Download or read book Congress and the Constitution written by Neal Devins and published by Constitutional Conflicts. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice. Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers' attitudes toward Congress's role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress's willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress's constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another's decisions, suggesting how the courts should evaluate Congress's work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress's constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution. Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
Author : William B. Glidden
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.2/5 (161 download)
Download or read book The Supreme Court versus Congress written by William B. Glidden and published by Bloomsbury Publishing USA. This book was released on 2015-03-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
Author : Joshua Aaron Chafetz
Publisher : Yale University Press
ISBN 13 : 0300197101
Total Pages : 449 pages
Book Rating : 4.3/5 (1 download)
Download or read book Congress's Constitution written by Joshua Aaron Chafetz and published by Yale University Press. This book was released on 2017-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author : William J. Quirk
Publisher : Transaction Publishers
ISBN 13 : 1412813573
Total Pages : 331 pages
Book Rating : 4.4/5 (128 download)
Download or read book Courts and Congress written by William J. Quirk and published by Transaction Publishers. This book was released on 2011-12-31 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Author : Timothy D. Cheney
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.F/5 ( download)
Download or read book Who Makes the Law written by Timothy D. Cheney and published by . This book was released on 1998 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who Makes the Law explores who really makes the law in our society. Using actual cases, it presents the political and societal responses to Court decisions and uncovers a disparity between the theory that the Court is the final say on law and the reality. This book provides a foundation for understanding the function and impact of the U.S. Supreme Court in our lives and how Court opinions both help and hinder the legislative process. It demonstrates the strength of the U.S. Constitution as well as the difficulty of legislating social issues by presenting attempts by Congress to amend the Constitution and write laws in response to actual Court decisions. It reveals the evolutionary process of law and the effect of public opinion through the response of the States and Society to Court decisions. A valuable book for anyone who wants to understand the interaction of lawmakers, public opinion, and the U.S. Supreme Court.
Author : John V. Sullivan
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (327 download)
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:
Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 022622256X
Total Pages : 683 pages
Book Rating : 4.2/5 (262 download)
Download or read book The Constitution in the Supreme Court written by David P. Currie and published by University of Chicago Press. This book was released on 2015-02-27 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts. "Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."—Robert Stevens, New York Times Book Review
Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300199198
Total Pages : 385 pages
Book Rating : 4.3/5 (1 download)
Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-28 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey’s findings suggest that constitutional designers would be wise to heed Thomas Jefferson’s advice to “let mercy be the character of the law-giver, but let the judge be a mere machine.&rdquo
Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutional Conflicts Between Congress and the President written by Louis Fisher and published by . This book was released on 2007 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.
