Does the Constitution Follow the Flag?

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Publisher : Oxford University Press
ISBN 13 : 0199858179
Total Pages : 326 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Does the Constitution Follow the Flag? by : Kal Raustiala

Download or read book Does the Constitution Follow the Flag? written by Kal Raustiala and published by Oxford University Press. This book was released on 2011 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Reconsidering the Insular Cases

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Publisher : Harvard University Press
ISBN 13 : 0979639573
Total Pages : 233 pages
Book Rating : 4.9/5 (796 download)

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Book Synopsis Reconsidering the Insular Cases by : Gerald L. Neuman

Download or read book Reconsidering the Insular Cases written by Gerald L. Neuman and published by Harvard University Press. This book was released on 2015-05-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

Capture the Flag

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Publisher : Basic Books
ISBN 13 : 0786744766
Total Pages : 276 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis Capture the Flag by : Woden Teachout

Download or read book Capture the Flag written by Woden Teachout and published by Basic Books. This book was released on 2009-05-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans honor the flag with a fervor seen in few other countries: The Stars and Stripes decorate American homes and businesses; wave over sports events and funerals; and embellish everything from politicians' lapels to the surface of the moon. But what does the flag mean? In Capture the Flag, historian Woden Teachout reveals that it has held vastly different meanings over time. It has been claimed by both the right and left; by racists and revolutionaries; by immigrants and nativists. In tracing the political history of the flag from its origins in the American Revolution through the present day, Teachout demonstrates that the shifting symbolism of the flag reveals a broader shift in the definition of American patriotism. A story of a nation in search of itself, Capture the Flag offers a probing account of the flag that has become America's icon.

How Constitutional Rights Matter

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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.

How to Read the Constitution—and Why

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Publisher : HarperCollins
ISBN 13 : 0062896318
Total Pages : 449 pages
Book Rating : 4.0/5 (628 download)

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Book Synopsis How to Read the Constitution—and Why by : Kim Wehle

Download or read book How to Read the Constitution—and Why written by Kim Wehle and published by HarperCollins. This book was released on 2019-06-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

Foreign in a Domestic Sense

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Publisher : Duke University Press
ISBN 13 : 0822381168
Total Pages : 440 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Foreign in a Domestic Sense by : Christina Duffy Burnett

Download or read book Foreign in a Domestic Sense written by Christina Duffy Burnett and published by Duke University Press. This book was released on 2001-07-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

The Crisis of the Middle-Class Constitution

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Publisher : Vintage
ISBN 13 : 0451493923
Total Pages : 433 pages
Book Rating : 4.4/5 (514 download)

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Book Synopsis The Crisis of the Middle-Class Constitution by : Ganesh Sitaraman

Download or read book The Crisis of the Middle-Class Constitution written by Ganesh Sitaraman and published by Vintage. This book was released on 2017-03-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

The Constitution and the New Deal

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Publisher : Harvard University Press
ISBN 13 : 0674003411
Total Pages : 398 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Constitution and the New Deal by : G. Edward White

Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2000-12-15 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Learn about the United States

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Author :
Publisher : Government Printing Office
ISBN 13 : 9780160831188
Total Pages : 36 pages
Book Rating : 4.8/5 (311 download)

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Book Synopsis Learn about the United States by : U.S. Citizenship and Immigration Services

Download or read book Learn about the United States written by U.S. Citizenship and Immigration Services and published by Government Printing Office. This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.

Freedom's Law

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Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Freedom's Law by : Ronald Dworkin

Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Point of It All

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Publisher : Forum Books
ISBN 13 : 1984825496
Total Pages : 418 pages
Book Rating : 4.9/5 (848 download)

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Book Synopsis The Point of It All by : Charles Krauthammer

Download or read book The Point of It All written by Charles Krauthammer and published by Forum Books. This book was released on 2018-12-04 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • A powerful collection of the influential columnist’s most important works—featuring rare speeches, a major essay about today’s populist movements and the future of global democracy, and a new preface by the author’s son, Daniel Krauthammer “Charles will be remembered as one of the greatest public intellects of his generation.”—John McCain In his decades of work as America’s preeminent political commentator, whether writing about statecraft and foreign policy or reflecting on more esoteric topics such as baseball, spaceflight and medical ethics, Charles Krauthammer elevated the opinion column to a form of art. This collection features the columns, speeches and unpublished writings that showcase the best of his original thought and his last, enduring words on the state of American politics, the nature of liberal democracy and the course of world history. The book also includes a deeply personal section offering insight into Krauthammer’s beliefs about what mattered most to him: friendship, family and the principles he lived by. The Point of It All is a timely demonstration of what made Charles Krauthammer the most celebrated American columnist and political thinker of his generation, a revealing look at the man behind the words and a lasting testament to his belief that anyone with an open and honest mind can grapple deeply with the most urgent questions in politics and in life.

Our Undemocratic Constitution

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Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Our Undemocratic Constitution by : Sanford Levinson

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1216 pages
Book Rating : 4.:/5 (327 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 2012 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

History of the United States

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3941482513
Total Pages : 594 pages
Book Rating : 4.9/5 (414 download)

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Book Synopsis History of the United States by : Mary Ritter Beard

Download or read book History of the United States written by Mary Ritter Beard and published by BoD – Books on Demand. This book was released on 2009 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overview of US-American History from colonization to the First World War.

Government for Puerto Rico

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Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.2/5 (884 download)

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Book Synopsis Government for Puerto Rico by : John Coit Spooner

Download or read book Government for Puerto Rico written by John Coit Spooner and published by . This book was released on 1900 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A History of the Supreme Court

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199840555
Total Pages : 477 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis A History of the Supreme Court by : the late Bernard Schwartz

Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

The Confederate Battle Flag

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674029866
Total Pages : 450 pages
Book Rating : 4.0/5 (298 download)

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Book Synopsis The Confederate Battle Flag by : John M. COSKI

Download or read book The Confederate Battle Flag written by John M. COSKI and published by Harvard University Press. This book was released on 2009-06-30 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the Confederate flag has become as much a news item as a Civil War relic. Intense public debates have erupted over Confederate flags flying atop state capitols, being incorporated into state flags, waving from dormitory windows, or adorning the T-shirts and jeans of public school children. To some, this piece of cloth is a symbol of white supremacy and enduring racial injustice; to others, it represents a rich Southern heritage and an essential link to a glorious past. Polarizing Americans, these flag wars reveal the profound--and still unhealed--schisms that have plagued the country since the Civil War. The Confederate Battle Flag is the first comprehensive history of this contested symbol. Transcending conventional partisanship, John Coski reveals the flag's origins as one of many banners unfurled on the battlefields of the Civil War. He shows how it emerged as the preeminent representation of the Confederacy and was transformed into a cultural icon from Reconstruction on, becoming an aggressively racist symbol only after World War II and during the Civil Rights movement. We gain unique insight into the fine line between the flag's use as a historical emblem and as an invocation of the Confederate nation and all it stood for. Pursuing the flag's conflicting meanings, Coski suggests how this provocative artifact, which has been viewed with pride, fear, anger, nostalgia, and disgust, might ultimately provide Americans with the common ground of a shared and complex history.