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Constitutional Inquiries
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Book Synopsis Constitutional Inquiries by : Kelly R. Doyle
Download or read book Constitutional Inquiries written by Kelly R. Doyle and published by . This book was released on 2015 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article III of the Constitution established the judicial branch of the United States, consisting of the Supreme Court and of any "inferior Courts as the Congress may from time to time ordain and establish.... " To staff such courts, the Constitution empowered life-tenured and salary-protected judges to adjudicate certain "cases" or "controversies," including cases arising under the Constitution. The Supreme Court, in Marbury v. Madison, held that the judicial power to interpret the Constitution necessarily includes the power of judicial review--that is, the power to countermand the decisions by other government agents because a given decision contravenes the Constitution. The Supreme Court has established a host of loosely related rules generally called the constitutional avoidance doctrine that discourage a federal court from issuing broad rulings on matters of constitutional law. After providing general background on the power of judicial review and the major theories on the constitutional avoidance doctrine, this book explores the various rules that allow a court to avoid a ruling that invalidates a democratically enacted law and the logic behind those rules. This book provides an exploration of how the doctrine of constitutional avoidance has influenced some of the recent jurisprudence of the Roberts Court, criticisms of the doctrine, and the implications for Congress. The book also discusses the justiciability and the separation of powers in the political question doctrine, which the Supreme Court has articulated to restrict when federal courts will adjudicate disputes.
Book Synopsis A Treatise on Government, and Constitutional Law by : Joel Tiffany
Download or read book A Treatise on Government, and Constitutional Law written by Joel Tiffany and published by . This book was released on 1867 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Interpretation by : Sotirios A. Barber
Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by OUP USA. This book was released on 2007-06-07 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.
Book Synopsis A Right to Lie? by : Catherine J. Ross
Download or read book A Right to Lie? written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Book Synopsis Whose Constitution? by : Henry Agard Wallace
Download or read book Whose Constitution? written by Henry Agard Wallace and published by . This book was released on 1936 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justice and Jurisprudence by : Brotherhood of Liberty
Download or read book Justice and Jurisprudence written by Brotherhood of Liberty and published by Philadelphia : J.B. Lippincott. This book was released on 1889 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Law in the United States by : Randall Walton Bland
Download or read book Constitutional Law in the United States written by Randall Walton Bland and published by Rlpg/Galleys. This book was released on 1999 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law in the United States is a clear and focused discussion of the key elements of constitutional law. Part one analyses the structure and authority of the U.S. government. Part two covers the regulation of the economy, and part three assesses the individual and civil rights under the Constitution. Several cases have been added to this third edition, nearly doubling the size of the text. The structure of the work is only slightly modified. The number of chapters remains the same, but they are now grouped under but two divisions: 'The Structures and Powers of Government' and 'Civil Rights and Liberties.'
Book Synopsis The Confederate Constitution of 1861 by : Marshall L. DeRosa
Download or read book The Confederate Constitution of 1861 written by Marshall L. DeRosa and published by University of Missouri Press. This book was released on 1991-11 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Confederate Constitution of 1861, Marshall DeRosa argues that the Confederate Constitution was not, as is widely believed, a document designed to perpetuate a Southern "slaveocracy," but rather an attempt by the Southern political leadership to restore the Anti-Federalist standards of limited national government. In this first systematic analysis of the Confederate Constitution, DeRosa sheds new light on the constitutional principles of the CSA within the framework of American politics and constitutionalism. He shows just how little the Confederate Constitution departed from the U.S. Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.
Book Synopsis Originalism, Federalism, and the American Constitutional Enterprise by : Edward A. Purcell
Download or read book Originalism, Federalism, and the American Constitutional Enterprise written by Edward A. Purcell and published by Yale University Press. This book was released on 2007-12-28 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.
Book Synopsis We the People: The Fourteenth Amendment and the Supreme Court by : Michael J. Perry
Download or read book We the People: The Fourteenth Amendment and the Supreme Court written by Michael J. Perry and published by Oxford University Press. This book was released on 2001-11-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies.
Book Synopsis A Brief Enquiry Into the True Nature and Character of Our Federal Government by : Abel Parker Upshur
Download or read book A Brief Enquiry Into the True Nature and Character of Our Federal Government written by Abel Parker Upshur and published by . This book was released on 1840 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The United States Constitution by : John R. Vile
Download or read book The United States Constitution written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2013-12-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An up-to-date, all-encompassing, and nonpartisan presentation of questions and answers about the U.S. Constitution and its amendments—an invaluable tool for readers regardless of their political orientation. Readers will easily grasp the foundations and purposes of the U.S. Constitution—and the critical importance and implications of its amendments—through a series of questions and answers about constitutional topics. The work proceeds logically, covering each article, section, and amendment, explaining how each constitutional change over history affects earlier parts of the document. Created as an approachable, introductory book for high school and college students as well as general readers, The United States Constitution: Questions and Answers, Second Edition is an effective learning tool when read from start to finish, or when used to focus on and research specific constitutional provisions of interest. Its extensively updated and revised coverage since the first edition includes many key cases and serves to direct paramount attention to the constitutional document itself.
Book Synopsis Taking Back the Constitution by : Mark Tushnet
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 320 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.
Book Synopsis Constitutional Law in the United States by : Randall Walton Bland
Download or read book Constitutional Law in the United States written by Randall Walton Bland and published by . This book was released on 1976 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Inquiry into the Existence of Global Values by : Dennis Davis
Download or read book An Inquiry into the Existence of Global Values written by Dennis Davis and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Book Synopsis The Constitution, the Courts, and Human Rights by : Michael J. Perry
Download or read book The Constitution, the Courts, and Human Rights written by Michael J. Perry and published by New Haven : Yale University Press. This book was released on 1982 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the Supreme Court should continue to take a strong lead in the protection of human rights in constitutional policy decisions
