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Author : Charles Kellogg Burdick
Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.A/5 ( download)
Download or read book The Law of the American Constitution written by Charles Kellogg Burdick and published by . This book was released on 1922 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald Dworkin
Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)
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.
Author : Lawrence Lessig
Publisher : Oxford University Press
ISBN 13 : 0190932562
Total Pages : 448 pages
Book Rating : 4.1/5 (99 download)
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author : Anthony J. Bellia Jr.
Publisher : Oxford University Press
ISBN 13 : 0190666781
Total Pages : 224 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
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 : Laurence H. Tribe
Publisher :
ISBN 13 :
Total Pages : 1900 pages
Book Rating : 4.4/5 (91 download)
Download or read book American Constitutional Law written by Laurence H. Tribe and published by . This book was released on 1988 with total page 1900 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches to Constitutional Analysis; Model I: Model of Separated and Divided Powers; Federal Judicial Power; Federal Executive Power; Federal Legislative Power; Federalism-Based Limits on State and Local Power; Direct Protection of Individuals and Groups; Model II: The Model of Implied Limitations on Government; Model III: Model of Settled Expectations; Model IV: Model of Regularity; Model V: Model of Preferred Rights; Rights of Communication and Expression; Rights of Political Participation; Rights of Religious Autonomy; Rights of Privacy and Personhood; Model VI: The Model of Equal Protection; Model VII: Toward a Model of Structural Justice?; Problem of State Action.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.3/5 (91 download)
Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kal Raustiala
Publisher : Oxford University Press
ISBN 13 : 0199858179
Total Pages : 326 pages
Book Rating : 4.1/5 (998 download)
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 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.
Author : Charles Kellogg Burdick
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)
Download or read book The Law of the American Constitution written by Charles Kellogg Burdick and published by . This book was released on 1926 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles K. Burdick
Publisher : Fred B Rothman & Company
ISBN 13 : 9780837719481
Total Pages : 0 pages
Book Rating : 4.7/5 (194 download)
Download or read book The Law of the American Constitution written by Charles K. Burdick and published by Fred B Rothman & Company. This book was released on 1987 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Burdick
Publisher :
ISBN 13 : 9781092481045
Total Pages : 474 pages
Book Rating : 4.4/5 (81 download)
Download or read book The Law of the American Constitution: Its Origin and Development written by Charles Burdick and published by . This book was released on 2019-04-02 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from the book: The Constitution of the United States first of all establishes a national government, and sets off to it certain fields in which it shall be supreme, at the same time imposing upon it certain specific prohibitions and restrictions. It was, however, very far from the purpose of the framers of that instrument to do away with the separate States or to reduce them to mere administrative units. Yet the grants of powers to the national government did of necessity operate as limitations upon the previous sovereign powers of the States; and to these implied limitations were added others which are express. In the second part of this book, I have dealt with the national government in its executive, judicial, and legislative departments, discussing the powers which are granted to each of them, and the limitations which are placed upon their activities. In part three are considered the restrictions placed upon the States, and the extent of the powers which may still be exercised by them. It is believed that this is a logical method of treatment, and it is hoped that it will help to make clear the division of powers between the national and state governments under our federal system. No attempt has been made to treat of the powers of the States under their individual constitutions. This historical work has been digitally restored using the latest technology, making it available in digital and printed form. The original is painstakingly manually quality-checked, leaving fresh, easy-to-read literature in modern fonts whilst keeping the author's intent in place wherever possible. This also enables Kindle versions to use the technology available such as Text-to-Speech, as our books are not simply printed scans.
Author : Robert A. Sedler
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190589
Total Pages : 219 pages
Book Rating : 4.0/5 (411 download)
Download or read book Constitutional Law in the United States written by Robert A. Sedler and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
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 : John F. Kowal
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)
Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author : Charles Fried
Publisher : Harvard University Press
ISBN 13 : 9780674019546
Total Pages : 340 pages
Book Rating : 4.0/5 (195 download)
Download or read book Saying what the Law is written by Charles Fried and published by Harvard University Press. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)
Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Author : Geoffrey R. Stone
Publisher : Liveright Publishing
ISBN 13 : 1631493655
Total Pages : 704 pages
Book Rating : 4.6/5 (314 download)
Download or read book Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century written by Geoffrey R. Stone and published by Liveright Publishing. This book was released on 2017-03-21 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
