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Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (775 download)
Download or read book Distribution of Judicial Power Between United States and State Courts written by Felix Frankfurter and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.A/5 ( download)
Download or read book Distribution of Judicial Power Between the Courts of the United States and the Courts of the States written by Felix Frankfurter and published by . This book was released on 1928 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philip B. Kurland
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (839 download)
Download or read book The Distribution of Judicial Power Between National and State Courts written by Philip B. Kurland and published by . This book was released on 1958 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Martin H. Redish
Publisher : MICHIE
ISBN 13 :
Total Pages : 494 pages
Book Rating : 4.F/5 ( download)
Download or read book Federal Jurisdiction written by Martin H. Redish and published by MICHIE. This book was released on 1990 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jud Mathews
Publisher : Oxford University Press
ISBN 13 : 0190682930
Total Pages : 265 pages
Book Rating : 4.1/5 (96 download)
Download or read book Extending Rights' Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Author : Felix Frankfurter
Publisher : New York : MacMillan
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.:/5 (318 download)
Download or read book The Business of the Supreme Court written by Felix Frankfurter and published by New York : MacMillan. This book was released on 1927 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 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 420 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 : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (11 download)
Download or read book The Compact Clause of the Constitution written by Felix Frankfurter and published by . This book was released on 1925 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charlton C. Copeland
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Federal Law in State Court written by Charlton C. Copeland and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared, federalism enforcement proceeds from a determination about the appropriate site and substance of authority. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. Federalism enforcement as allocation also underwrites much federal courts doctrine. We ask whether Congress has the authority to commandeer state courts, or whether states have the right to close their doors to federal claims. This article challenges allocation as the exclusive method of federalism enforcement. By focusing on the issue of state court duties to federal claims, this article asserts that federalism enforcement includes an alternative to allocation - relational federalism enforcement. Relational federalism enforcement is understood as the judicial mediation of the interaction of the national government and state governments that goes beyond merely invalidating particular practices as beyond the scope of power of a particular institutional actor. Relational federalism enforcement is grounded in the recognition that the Constitution establishes an enduring relationship between states and the national government. Following from this, relational federalism enforcement relies on behavioral norms, imposed on both states and the national government, which are consistent with the enduring nature of their interaction under the constitutional structure of federalism. In contrast to several leading scholars who seek to justify state court duties to federal claims by reference to constitutionally-demarcated sites of authority, this article argues that the duties imposed on state courts with respect to federal claims are better explained when we look through a relational lens. This framework has important implications for our understanding of other aspects of judicial federalism, including federal court abstention and Supreme Court appellate review of state court decisions.
Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author : William W. Crosskey
Publisher : University of Chicago Press
ISBN 13 : 9780226121345
Total Pages : 722 pages
Book Rating : 4.1/5 (213 download)
Download or read book Politics and the Constitution in the History of the United States written by William W. Crosskey and published by University of Chicago Press. This book was released on 1953 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author : William Lasser
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.4/5 (91 download)
Download or read book The Limits of Judicial Power written by William Lasser and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limits of Judicial Power: The Supreme Court in American Politics
Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Author : Charles Doyle
Publisher : Nova Publishers
ISBN 13 : 9781600213021
Total Pages : 82 pages
Book Rating : 4.2/5 (13 download)
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author : Congressional Research Service
Publisher : CreateSpace
ISBN 13 : 9781502777409
Total Pages : 30 pages
Book Rating : 4.7/5 (774 download)
Download or read book Congressional Power to Create Federal Courts written by Congressional Research Service and published by CreateSpace. This book was released on 2014-10-01 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution established only one federal court—the United States Supreme Court. Beyond this, Article III of the Constitution left it to the discretion of Congress to “ordain and establish” lower federal courts to conduct the judicial business of the federal government. From the very first, Congress established a host of different federal tribunals to adjudicate a variety of legal disputes. The two central types of federal “courts”—courts established under Article III and those tribunals that are not—differ in many respects, including with regard to their personnel, purposes, and powers.Courts established pursuant to Article III are mainly defined by the three central constitutional provisions to which they are subject: resolution of cases that only present live “cases or controversies,” lifetime tenure, and salary protection. The primary purpose for these safeguards was to insulate the federal judiciary from potential pressures, from either the political branches or the public, which might improperly influence the judicial decision-making process.Notwithstanding Article III's seemingly literal command that the “judicial power” shall extend to all cases “arising under” the Constitution or federal law, Congress has assigned a host of cases arising under federal law to non-Article III bodies. Unlike Article III judges, these bodies, generally referred to as “non-Article III courts,” “legislative courts,” or “Article I courts,” enjoy neither lifetime tenure nor salary protection. There are two main categories of non-Article III courts. The first are standalone courts, created under Congress's Article I power, which have similar authority as Article III courts, such as entering their own judgments and issuing contempt orders. Examples of legislative courts include the United States Tax Court; the Court of Federal Claims; the Court of Appeals for Veterans Claims; the Court of Appeals for the Armed Forces; and federal district courts in Guam, the Virgin Islands, and the Northern Mariana Islands. The second category of non-Article III tribunals is commonly referred to as “adjuncts” to Article III courts. This category is mainly comprised of federal administrative agencies and magistrate judges.
Author : Charles de Secondat baron de Montesquieu
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.:/5 (31 download)
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1886 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
