The Invisible Constitution

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The Invisible Constitution

Author : Laurence H. Tribe
Publisher : Oxford University Press
ISBN 13 : 019974095X
Total Pages : 372 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Invisible Constitution by : Laurence H. Tribe

Download or read book The Invisible Constitution written by Laurence H. Tribe and published by Oxford University Press. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

The Invisible Constitution in Comparative Perspective

Author : Rosalind Dixon
Publisher : Cambridge University Press
ISBN 13 : 110827885X
Total Pages : 595 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon

Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Uncertain Justice

Author : Laurence Tribe
Publisher : Macmillan
ISBN 13 : 0805099093
Total Pages : 416 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Uncertain Justice by : Laurence Tribe

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

The Invisible Government

Author : Dan Smoot
Publisher : Good Press
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis The Invisible Government by : Dan Smoot

Download or read book The Invisible Government written by Dan Smoot and published by Good Press. This book was released on 2023-08-22 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Invisible Government" by Dan Smoot. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Comparative Constitutional Law

Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Invisible Constitution of Politics

Author : Antje Wiener
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Invisible Constitution of Politics by : Antje Wiener

Download or read book The Invisible Constitution of Politics written by Antje Wiener and published by . This book was released on 2008-08-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the contested meanings of norms in a world of increasing international encounters.

The Death of Treaty Supremacy

Author : David Sloss
Publisher : Oxford University Press
ISBN 13 : 0199364028
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Death of Treaty Supremacy by : David Sloss

Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

The Constitution of Algorithms

Author : Florian Jaton
Publisher : MIT Press
ISBN 13 : 0262542145
Total Pages : 401 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis The Constitution of Algorithms by : Florian Jaton

Download or read book The Constitution of Algorithms written by Florian Jaton and published by MIT Press. This book was released on 2021-04-27 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A laboratory study that investigates how algorithms come into existence. Algorithms--often associated with the terms big data, machine learning, or artificial intelligence--underlie the technologies we use every day, and disputes over the consequences, actual or potential, of new algorithms arise regularly. In this book, Florian Jaton offers a new way to study computerized methods, providing an account of where algorithms come from and how they are constituted, investigating the practical activities by which algorithms are progressively assembled rather than what they may suggest or require once they are assembled.

The Everything U.S. Constitution Book

Author : Ellen M Kozak
Publisher : Simon and Schuster
ISBN 13 : 1440525617
Total Pages : 289 pages
Book Rating : 4.4/5 (45 download)

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Book Synopsis The Everything U.S. Constitution Book by : Ellen M Kozak

Download or read book The Everything U.S. Constitution Book written by Ellen M Kozak and published by Simon and Schuster. This book was released on 2011-05-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates over constitutional rights impact you every day as an American citizen. But do you know what the U.S. Constitution actually says? This accessible guide contains the complete text of the Constitution, with short, descriptive margin notes throughout. Articles and amendments are then analyzed in depth to help you comprehend the basis of democracy. This valuable handbook covers: How the articles and amendments were drafted Insight into the intentions of the creators and the sources they used Controversial interpretations and Supreme Court decisions How the Constitution affects citizens every day The Declaration of Independence, the Articles of Confederation, and unratified Constitutional amendments This book walks you through the history of this essential document and shows how it has guided lawmakers and judges for more than 200 years. This unbiased look at the Constitution will help you feel confident in your knowledge of this all-important document, gain a firmer understanding of how our government works, and put context around today's most pressing issues.

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

On Reading the Constitution

Author : Laurence H. TRIBE
Publisher : Harvard University Press
ISBN 13 : 0674044452
Total Pages : 157 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis On Reading the Constitution by : Laurence H. TRIBE

Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

How to Read the Constitution—and Why

Author : Kim Wehle
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” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it 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 language 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 its 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. 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, 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.

Constitutional Choices

Author : Laurence H. Tribe
Publisher :
ISBN 13 : 9780674165397
Total Pages : 0 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis Constitutional Choices by : Laurence H. Tribe

Download or read book Constitutional Choices written by Laurence H. Tribe and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution. ISBN 0-674-16538-1: $29.95.

To End a Presidency

Author : Laurence Tribe
Publisher : Basic Books
ISBN 13 : 1541644875
Total Pages : 348 pages
Book Rating : 4.5/5 (416 download)

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Book Synopsis To End a Presidency by : Laurence Tribe

Download or read book To End a Presidency written by Laurence Tribe and published by Basic Books. This book was released on 2018-05-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics. To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.

Against Constitutionalism

Author : Martin Loughlin
Publisher : Harvard University Press
ISBN 13 : 0674276558
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Against Constitutionalism by : Martin Loughlin

Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

What You Should Know About the United States Constitution and the Bill of Rights

Author : John Coleman
Publisher : Bridger House Pub
ISBN 13 : 9781893157033
Total Pages : 332 pages
Book Rating : 4.1/5 (57 download)

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Book Synopsis What You Should Know About the United States Constitution and the Bill of Rights by : John Coleman

Download or read book What You Should Know About the United States Constitution and the Bill of Rights written by John Coleman and published by Bridger House Pub. This book was released on 2016-05-13 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book like no other book ever written about the U.S. Constitution and the Bill of Rights. Some of the most priceless constitutional gems are found in these pages. Dr. Coleman has done 26 year of research to find them, putting together a highly-readable book which provides insight into the articles and amendments to the Constitution. It shows their true intent and purpose in sharp relief, and what it is that make this document so great and so lasting. "What You Should Know About the United States Constitution" is a telling blow to those enemies of this nation who are seeking to destroy our Republic. "Knowledge is power" which the book provides in full measure, enabling every citizen to understand and defend the United States against enemies, external and internal.