Constitutional Rights

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How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Constitutional Law Stories

Author : Michael C. Dorf
Publisher :
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Constitutional Law Stories by : Michael C. Dorf

Download or read book Constitutional Law Stories written by Michael C. Dorf and published by . This book was released on 2009 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

The Nature of Constitutional Rights

Author : Richard H. Fallon Jr.
Publisher : Cambridge University Press
ISBN 13 : 1108651879
Total Pages : 223 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Nature of Constitutional Rights by : Richard H. Fallon Jr.

Download or read book The Nature of Constitutional Rights written by Richard H. Fallon Jr. and published by Cambridge University Press. This book was released on 2019-03-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.

Constitutional Rights and Powers of the People

Author : Wayne D. Moore
Publisher : Princeton University Press
ISBN 13 : 1400887453
Total Pages : 310 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Constitutional Rights and Powers of the People by : Wayne D. Moore

Download or read book Constitutional Rights and Powers of the People written by Wayne D. Moore and published by Princeton University Press. This book was released on 2017-03-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Constitutional Rights of Prisoners

Author : John W. Palmer
Publisher : Routledge
ISBN 13 : 1317523865
Total Pages : 1786 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Constitutional Rights of Prisoners by : John W. Palmer

Download or read book Constitutional Rights of Prisoners written by John W. Palmer and published by Routledge. This book was released on 2014-09-19 with total page 1786 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.

An Introduction to Constitutional Law

Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 473 pages
Book Rating : 4.8/5 (861 download)

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Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett

Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

A Theory of Constitutional Rights

Author : Robert Alexy
Publisher :
ISBN 13 : 0199584230
Total Pages : 518 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis A Theory of Constitutional Rights by : Robert Alexy

Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

The Bill of Rights

Author : Carol Berkin
Publisher : Simon and Schuster
ISBN 13 : 1476743819
Total Pages : 272 pages
Book Rating : 4.4/5 (767 download)

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Book Synopsis The Bill of Rights by : Carol Berkin

Download or read book The Bill of Rights written by Carol Berkin and published by Simon and Schuster. This book was released on 2015-05-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).

The Broken Constitution

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720878
Total Pages : 236 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis The Broken Constitution by : Noah Feldman

Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Advancing Equality

Author : Jody Heymann
Publisher : Univ of California Press
ISBN 13 : 0520973879
Total Pages : 416 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Advancing Equality by : Jody Heymann

Download or read book Advancing Equality written by Jody Heymann and published by Univ of California Press. This book was released on 2020-01-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

On Constitutional Disobedience

Author : Louis Michael Seidman
Publisher : Oxford University Press
ISBN 13 : 0199898286
Total Pages : 192 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis On Constitutional Disobedience by : Louis Michael Seidman

Download or read book On Constitutional Disobedience written by Louis Michael Seidman and published by Oxford University Press. This book was released on 2013-01-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.

Equal Citizenship, Civil Rights, and the Constitution

Author : Christopher Green
Publisher : Routledge
ISBN 13 : 1317539400
Total Pages : 230 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Equal Citizenship, Civil Rights, and the Constitution by : Christopher Green

Download or read book Equal Citizenship, Civil Rights, and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Constitutional Law

Author : Jacqueline Kanovitz
Publisher : Routledge
ISBN 13 : 1317523903
Total Pages : 825 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Constitutional Law by : Jacqueline Kanovitz

Download or read book Constitutional Law written by Jacqueline Kanovitz and published by Routledge. This book was released on 2014-09-19 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1508 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Law for Enlightened Citizens

Author : Michael P. Farris
Publisher :
ISBN 13 : 9781880665022
Total Pages : 579 pages
Book Rating : 4.6/5 (65 download)

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Book Synopsis Constitutional Law for Enlightened Citizens by : Michael P. Farris

Download or read book Constitutional Law for Enlightened Citizens written by Michael P. Farris and published by . This book was released on 2006 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Question to Save the Planet

Author : Franklin Kury
Publisher :
ISBN 13 : 9781585762316
Total Pages : 256 pages
Book Rating : 4.7/5 (623 download)

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Book Synopsis The Constitutional Question to Save the Planet by : Franklin Kury

Download or read book The Constitutional Question to Save the Planet written by Franklin Kury and published by . This book was released on 2021-04-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Book: More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution, which was enacted on Earth Day 1970 and ratified by Pennsylvania's voters a year later. In the half century since then, climate change has become the overriding threat to the environment of the planet. In this book, Franklin Kury expands upon the story of Article I, Section 27, to demonstrate how its principles can be the basis for addressing climate change in the rest of the world. The story concludes with a call for the federal government's leadership to seek a national environmental rights amendment to the U.S. Constitution and a treaty to expand its reach to the international community. About the Author: Franklin Kury served in the Pennsylvania House of Representatives from 1966 to 1972 and the Pennsylvania Senate from 1972 to 1980. As a state representative, Kury was the author and lead advocate of the legislative proposal that became the Environmental Rights Amendment to the Pennsylvania Constitution (Article 1, Section 27) that is the basis of this book. After leaving the legislature, Kury was a member of the Board of Directors of the Pennsylvania Environmental Council and Hawk Mountain Sanctuary.