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Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.3/5 (243 download)
Download or read book The Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (76 download)
Download or read book The Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)
Download or read book Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Bradley Thayer
Publisher :
ISBN 13 : 9781297242106
Total Pages : 34 pages
Book Rating : 4.2/5 (421 download)
Download or read book The Origin and Scope of the American Doctrine of Constitutional Law - Scholar's Choice Edition written by James Bradley Thayer and published by . This book was released on 2015-02-18 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Charles F. Hobson
Publisher : University Press of Kansas
ISBN 13 : 0700610316
Total Pages : 272 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Great Chief Justice written by Charles F. Hobson and published by University Press of Kansas. This book was released on 1996-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author : Bradford P. Wilson
Publisher : Rowman & Littlefield
ISBN 13 : 9780847686599
Total Pages : 328 pages
Book Rating : 4.6/5 (865 download)
Download or read book The Supreme Court and American Constitutionalism written by Bradford P. Wilson and published by Rowman & Littlefield. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
Author : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 9780822630265
Total Pages : 472 pages
Book Rating : 4.6/5 (32 download)
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author : William M. Wiecek
Publisher : Oxford University Press, USA
ISBN 13 : 9780195147131
Total Pages : 300 pages
Book Rating : 4.1/5 (471 download)
Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Author : William E. Nelson
Publisher : University Press of Kansas
ISBN 13 : 0700626409
Total Pages : 184 pages
Book Rating : 4.7/5 (6 download)
Download or read book Marbury v. Madison written by William E. Nelson and published by University Press of Kansas. This book was released on 2018-05-19 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.
Author : Gerald Gunther
Publisher : Oxford University Press
ISBN 13 : 019537777X
Total Pages : 733 pages
Book Rating : 4.1/5 (953 download)
Download or read book Learned Hand written by Gerald Gunther and published by Oxford University Press. This book was released on 2011 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1994.
Author : Christopher L. Eisgruber
Publisher : Princeton University Press
ISBN 13 : 1400827825
Total Pages : 256 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Next Justice written by Christopher L. Eisgruber and published by Princeton University Press. This book was released on 2009-05-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. He describes a new and better manner of deliberating about who should serve on the Court--an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates. Long on partisan rancor and short on serious discussion, today's appointments process reveals little about what kind of judge a nominee might make. Eisgruber argues that the solution is to investigate how nominees would answer a basic question about the Court's role: When and why is it beneficial for judges to trump the decisions of elected officials? Through an examination of the politics and history of the Court, Eisgruber demonstrates that pursuing this question would reveal far more about nominees than do other tactics, such as investigating their views of specific precedents or the framers' intentions. Written with great clarity and energy, The Next Justice provides a welcome exit from the uninformative political theater of the current appointments process.
Author : Markus Dirk Dubber
Publisher : Columbia University Press
ISBN 13 : 9780231132077
Total Pages : 290 pages
Book Rating : 4.1/5 (32 download)
Download or read book The Police Power written by Markus Dirk Dubber and published by Columbia University Press. This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mariana Valverde, University of Toronto, author of Law's Dream of a Common Knowledge.
Author : Scott Douglas Gerber
Publisher : NYU Press
ISBN 13 : 0814730892
Total Pages : 332 pages
Book Rating : 4.8/5 (147 download)
Download or read book To Secure These Rights written by Scott Douglas Gerber and published by NYU Press. This book was released on 1996-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Author : Guy Padula
Publisher : Lexington Books
ISBN 13 : 9780739103630
Total Pages : 214 pages
Book Rating : 4.1/5 (36 download)
Download or read book Madison V. Marshall written by Guy Padula and published by Lexington Books. This book was released on 2002-03 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.
Author : Jed Rubenfeld
Publisher : Yale University Press
ISBN 13 : 0300129424
Total Pages : 269 pages
Book Rating : 4.3/5 (1 download)
Download or read book Freedom and Time written by Jed Rubenfeld and published by Yale University Press. This book was released on 2008-10-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should we try to “live in the present”? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that “the earth belongs to the living”—since Freud announced that mental health requires people to “get free of their past”—since Nietzsche declared that the happy man is the man who “leaps” into “the moment—modernity has directed its inhabitants to live in the present, as if there alone could they find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom—human being itself—-necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law’s place in democracy. Democracy, he writes, is not a matter of governance by the present “will of the people” it is a matter of a nation’s laying down and living up to enduring political and legal commitments. Constitutionalism is not counter to democracy, as many believe, or a pre-condition of democracy; it is or should be democracy itself--over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy.
Author : James A. Curry
Publisher : Kendall Hunt
ISBN 13 : 9780787298708
Total Pages : 660 pages
Book Rating : 4.2/5 (987 download)
Download or read book Constitutional Government written by James A. Curry and published by Kendall Hunt. This book was released on 2003 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
