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The Foundations Of American Constitutionalism
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Book Synopsis The Foundations of American Constitutionalism by : Andrew Cunningham McLaughlin
Download or read book The Foundations of American Constitutionalism written by Andrew Cunningham McLaughlin and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.
Book Synopsis The Language of Law and the Foundations of American Constitutionalism by : Gary L. McDowell
Download or read book The Language of Law and the Foundations of American Constitutionalism written by Gary L. McDowell and published by Cambridge University Press. This book was released on 2010-06-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
Book Synopsis The Foundations of American Constitutionalism, by Andrew C. McLaughlin,... by : Andrew C. MacLaughlin
Download or read book The Foundations of American Constitutionalism, by Andrew C. McLaughlin,... written by Andrew C. MacLaughlin and published by . This book was released on 1932 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foundations of American Constitutionalism by : David A. J. Richards
Download or read book Foundations of American Constitutionalism written by David A. J. Richards and published by Oxford University Press, USA. This book was released on 1989 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.
Book Synopsis The Foundations of American Constitutionalism by : Andrew C. Mclaughlin
Download or read book The Foundations of American Constitutionalism written by Andrew C. Mclaughlin and published by . This book was released on 1961 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis God and Man in the Law by : Robert Lowry Clinton
Download or read book God and Man in the Law written by Robert Lowry Clinton and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Book Synopsis The Foundations of American Constitutionalism by : Andrew Cunningham McLaughlin
Download or read book The Foundations of American Constitutionalism written by Andrew Cunningham McLaughlin and published by . This book was released on 1966 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Foundations of American Constitutionalism by :
Download or read book The Foundations of American Constitutionalism written by and published by . This book was released on 1932 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins of American Constitutionalism by : Donald S. Lutz
Download or read book The Origins of American Constitutionalism written by Donald S. Lutz and published by Lsu Press. This book was released on 1988 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.
Book Synopsis The Foundations of American Constitutionalism, Etc by : Andrew Cunningham MACLAUGHLIN
Download or read book The Foundations of American Constitutionalism, Etc written by Andrew Cunningham MACLAUGHLIN and published by . This book was released on 1961 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Common-law Liberty by : James Reist Stoner
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky
Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.
Book Synopsis Foundations of American Constitutionalism (photo. Reprint 1972). by :
Download or read book Foundations of American Constitutionalism (photo. Reprint 1972). written by and published by . This book was released on 1932 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hobbes and America by : Frank M. Coleman
Download or read book Hobbes and America written by Frank M. Coleman and published by University of Toronto Press. This book was released on 1977-12-15 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This path-breaking study seriously shakes the credibility of the prevalent interpretations of American government and politics. It exposes the real American constitutional morality, one embodied in a code adhered to by those in political life. Frank Coleman makes a persuasive case that the real roots of the American political system are in Hobbes, and not, as is usually thought, in Locke. He shows that a Hobbesian interpretation fits the transactional, bargaining, or conflict-management nature of American politics pointed out by all the empirical political scientists, although this viewpoint is incompatible with the leading philosophical interpretations of American constitutionalism. In so far as the American system and its rationale are Hobbesian, they are thereby incapable of resolving social conflicts and of pursuing any common good. The leading theories, particularly the reformist theories, are unable to absorb the teachings of empirical political science – and to such an extent that one can speak of a pattern of political schizophrenia prevailing in the political science profession. Coleman is no naive iconoclast: he has a thorough grasp and appreciation of the traditions of political theory from Aristotle to Oakeshott: he dissects his material meticulously, with coherence and integrity. His synthesis of empirical and philosophical studies of political life sharpens our perceptions and forces a re-evaluation of certain ideas and well-entrenched notions. Hobbes and America has serious implications for understanding both American politics and, more generally, western political experience and thought.
Book Synopsis Foundations of American Constitutionalism; and the Prince by : Wayne LePierre
Download or read book Foundations of American Constitutionalism; and the Prince written by Wayne LePierre and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber
Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first truly interdisciplinary study of the American constitutional regime. Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.
