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Author : Douglas W. Kmiec
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 1668 pages
Book Rating : 4.F/5 ( download)
Download or read book The American Constitutional Order written by Douglas W. Kmiec and published by LexisNexis/Matthew Bender. This book was released on 2009 with total page 1668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gretchen Ritter
Publisher : Stanford University Press
ISBN 13 : 9780804754385
Total Pages : 400 pages
Book Rating : 4.7/5 (543 download)
Download or read book The Constitution as Social Design written by Gretchen Ritter and published by Stanford University Press. This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by womens rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.
Author : Lawrence Meir Friedman
Publisher : Harvard University Press
ISBN 13 : 9780674025271
Total Pages : 604 pages
Book Rating : 4.0/5 (252 download)
Download or read book American Law and the Constitutional Order written by Lawrence Meir Friedman and published by Harvard University Press. This book was released on 1988 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.
Author :
Publisher :
ISBN 13 : 9781422405536
Total Pages : 1600 pages
Book Rating : 4.4/5 (55 download)
Download or read book The American Constitutional Order written by and published by . This book was released on 2004 with total page 1600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400825555
Total Pages : 277 pages
Book Rating : 4.4/5 (8 download)
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Author : Douglas W. Kmiec
Publisher :
ISBN 13 : 9780327179566
Total Pages : pages
Book Rating : 4.1/5 (795 download)
Download or read book The American Constitutional Order written by Douglas W. Kmiec and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Akhil Reed Amar
Publisher : Random House
ISBN 13 : 1588364879
Total Pages : 672 pages
Book Rating : 4.5/5 (883 download)
Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Author : Mark E. Brandon
Publisher : University Press of Kansas
ISBN 13 : 0700619232
Total Pages : 352 pages
Book Rating : 4.7/5 (6 download)
Download or read book States of Union written by Mark E. Brandon and published by University Press of Kansas. This book was released on 2013-09-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the “constitutional” law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing—especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court’s famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be “in” the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.
Author : Donald G. Nieman
Publisher : Oxford University Press
ISBN 13 : 0190071656
Total Pages : 336 pages
Book Rating : 4.1/5 (9 download)
Download or read book Promises to Keep written by Donald G. Nieman and published by Oxford University Press. This book was released on 2020-02-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely considered the first history of US Constitutionalism that places African Americans at the center, Promises to Keep is a compelling overview of how conflict over African Americans' place in American society has shaped the Constitution, law, and our understanding of citizenship and rights. Both authoritative and accessible, this revised and expanded second edition incorporates key insights from the last three decades of scholarship and makes sense of recent developments in civil rights, from the War on Drugs to the rise of Black Lives Matter. Promises to Keep shows how African Americans have played a critical role in transforming the Constitution from a bulwark of slavery to a document that is truer to the nation's promise of equality. The book begins by examining debates about race from the Revolutionary Era at the Constitutional Convention and covers the establishment of civil rights protections during Reconstruction, the Jim Crow backlash, and the evolution of the civil rights movement, from the formation of the National Association for the Advancement for Colored People to legal victories and massive organized protests. Comprehensive in scope, this book moves from debates over slavery at the nation's founding to contemporary discussions of affirmative action, voting rights, mass incarceration, and police brutality. In the process, it provides readers with a historical perspective critical to understanding some of today's most important social and political issues.
Author : Louis Fisher
Publisher :
ISBN 13 : 9781594609558
Total Pages : 0 pages
Book Rating : 4.6/5 (95 download)
Download or read book American Constitutional Law written by Louis Fisher and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback volume (subtitled "Constitutional Rights: Civil Rights and Civil Liberties") includes chapters 10 through 19 of Fisher/Harriger, American Constitutional Law, Ninth Edition (hardback). Now in its ninth edition, American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. Along with containing analyses and excerpts of court decisions, the book highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receive a series of unilateral judicial commands. It covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. The book includes readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. It also includes a chapter on equal protection that addresses immigration law and the rights of aliens.
Author : Mark A. Graber
Publisher : Cambridge University Press
ISBN 13 : 9781139457071
Total Pages : 300 pages
Book Rating : 4.4/5 (57 download)
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author : Douglas Kmiec
Publisher :
ISBN 13 : 9781630434311
Total Pages : 1544 pages
Book Rating : 4.4/5 (343 download)
Download or read book The American Constitutional Order written by Douglas Kmiec and published by . This book was released on 2014-06 with total page 1544 pages. Available in PDF, EPUB and Kindle. Book excerpt: View or download the free 2015 Online Supplement for this product. The new edition of The American Constitutional Order is designed for a four- to six-semester-hour course on Constitutional Law covering both the structural features of the Constitution as well as individual rights. This book includes ample historical materials, lengthy explanatory notes, both introducing and following cases, and employs exemplar or principal cases rather than merely cumulating redundant examples. The American Constitutional Order is a book with an explicit point of view. In the colloquial, this is a book with an attitude--namely, that history counts, and that within this American story is a premise of the protection of fundamental natural rights. The authors do not expect every instructor to share their perspective, but they do make this honest pedagogical point: all books have a point of view. Staking out territory in favor of the aspiration of the rule of law and American historical antecedents in fresh ways, this book stimulates thinking and classroom instruction--whether an instructor wishes to travel with, or teach against, the authors' premises. The comprehensive Teacher's Manual for The American Constitutional Order explains all of the included cases, elaborates on the notes and questions in the text, and indicates, based on the many teachers who have used the original edition in class, how specific materials advance student understanding of individual concepts. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Donald P. Kommers
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 9780742563667
Total Pages : 1174 pages
Book Rating : 4.5/5 (636 download)
Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 1174 pages. Available in PDF, EPUB and Kindle. Book excerpt: iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation
Author : Joseph M. Bessette
Publisher : Routledge
ISBN 13 : 1351476521
Total Pages : 509 pages
Book Rating : 4.3/5 (514 download)
Download or read book The Presidency in the Constitutional Order written by Joseph M. Bessette and published by Routledge. This book was released on 2017-07-12 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.
Author : David Rudenstine
Publisher : Oxford University Press
ISBN 13 : 0199381488
Total Pages : 345 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Author :
Publisher :
ISBN 13 : 9780820559056
Total Pages : 11 pages
Book Rating : 4.5/5 (59 download)
Download or read book The History, Philosophy, and Structure of the American Constitution written by and published by . This book was released on 2004-01-01 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
