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The Unwritten Constitution Of The United States
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Book Synopsis The Unwritten Constitution of the United States by : Christopher Gustavus Tiedeman
Download or read book The Unwritten Constitution of the United States written by Christopher Gustavus Tiedeman and published by New York : G.P. Putnam's sons. This book was released on 1890 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar
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.
Book Synopsis The Unwritten Constitution of the United States by : Christopher Gustavus Tiedeman
Download or read book The Unwritten Constitution of the United States written by Christopher Gustavus Tiedeman and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis UNWRITTEN CONSTITUTION OF THE UNITED STATES by : CHRISTOPHER G. TIEDEMAN
Download or read book UNWRITTEN CONSTITUTION OF THE UNITED STATES written by CHRISTOPHER G. TIEDEMAN and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unwritten Constitution of the United States by :
Download or read book Unwritten Constitution of the United States written by and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The (un)Written Constitution by : George Thomas
Download or read book The (un)Written Constitution written by George Thomas and published by Oxford University Press. This book was released on 2021 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The late Justice Scalia relished pointing to departures from text as departures from the Constitution, but in fact his jurisprudence relied on unwritten ideas. As textualism has become more prominent with the elevation of Justices Gorsuch and Kavanaugh to the Supreme Court-jurists in the mold of Scalia-it is crucial to reveal the unwritten ideas that drive textualist readings of the Constitution. Our deepest debates about America's written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of text. This fact is obscured by the public understanding of textualism and originalism as put forward by its most prominent judicial advocates. The (Un)Written Constitution makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same-sex marriage, and partisan gerrymandering, this work highlights the too often unacknowledged ideas that animate our debates about the written Constitution. Contrary to textual jurists, these recurrent debates are not about whether to follow the text; they are disputes about what fidelity to the text requires. How do we weigh and balance different textual provisions and see them as part of a constitutional whole? The text does not answer such questions. This book illustrates that moving beyond the text is an inescapable feature of interpreting America's written Constitution"--
Book Synopsis The Unwritten Constitution of the United States by : Christopher Gustavus Tiedeman
Download or read book The Unwritten Constitution of the United States written by Christopher Gustavus Tiedeman and published by Nabu Press. This book was released on 2014-02-22 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
Book Synopsis America's Unwritten Constitution by : Don Krasher Price
Download or read book America's Unwritten Constitution written by Don Krasher Price and published by Harvard University Press. This book was released on 1985 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Don K. Price seeks the cause of the nation's inability to develop coherent policies and manage consistent programs and finds it in American attitudes toward authority. This country's managerial disarray can be traced to religious and philosophical roots of our informal system of government and its development. Price shows how a native American skepticism toward all establishments, combined with a belief in the role of science as advancing progress, has given us a moralistic, reformist view of government that rejects compromise even for the sake of coherence and continuity. This is unlike the experience of Great Britain and Canada, which he relates in a series of incisive comparisons.
Book Synopsis The Unwritten Constitution of the United States by : Christopher G. Tiedeman
Download or read book The Unwritten Constitution of the United States written by Christopher G. Tiedeman and published by . This book was released on 2016-06-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Unwritten Constitution of the United States: A Philosophical Inquiry Into the Fundamentals of American Constitutional Law Blackstone's definition of law has been gen erally accepted as in the main reliable, not only popularly, but also professionally. Indeed, the sci entific element of the definition, viz. That municipal law is a rule of conduct prescribed ey t/ze supreme power of t/ze state, has been so earnestly accentuated and elaborated by the master-minds who have truly dominated legal thought in England and in this country for the past half century - I refer, of course, to Bentham and Austin, - that the professional, as well as the popular, mind has been led into the adoption, as an axiomatic truth, of a most serious error concerning the origin and development of mu nicipal law.'except in the matter of form, the statement that municipal law is prescribed by the supreme power of the state is false and misleading, unless by the supreme power of the state is meant the aggre gation of all the social forces, both material and spiritual, which go to make up our civilization. But the meaning commonly attached to the words the supreme power of the state is that of the supreme power in the government, as distinguished from the people who compose the body politic. Austin and his followers admit that the law-making power is sub ject to moral and physical restraints, and that these restraints co-operate very largely in forming and modi fying the substantive law; but since no rule can be called a lav, which is not enforced by a sanction, prescribed by the law-making power, the moral in uences at work upon society cannot be said to create law. And even where a rule of law is for the first time enunciated by an English or American court, Austin claims that it first became a law when the court announced its decision. I do not suppose Austin intended to assert that the de Cision of the court was purely arbitrary; that it only reflected the sentiments of the occupants of the judicial bench. I cannot believe that he was uncon scious of the natural sequential development of the. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."
Book Synopsis Courts and Congress by : William Quirk
Download or read book Courts and Congress written by William Quirk and published by Routledge. This book was released on 2018-02-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Book Synopsis America's Constitution by : Akhil Reed Amar
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.
Book Synopsis A Constitution in Full by : Peter Augustine Lawler
Download or read book A Constitution in Full written by Peter Augustine Lawler and published by University Press of Kansas. This book was released on 2019-05-13 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: When political debates devolve, as they often do these days, into a contest between big-government progressivism and natural rights individualism, Americans tend to appeal to the “self-evident” truths inscribed in the Declaration of Independence and the Constitution. But Peter Lawler and Richard Reinsch remind us that these truths understood in the abstract are untethered from a prior, unwritten constitution presupposed by the Framers—one found in culture, customs, traditions, experiences, and beliefs. A Constitution in Full is Lawler and Reinsch’s attempt to return this critical context to US constitutionalism—to recover a political sense of individualism in relation to country, family, religious community, and nature. Power, the authors suggest, is a public trust, not a form of obedience to either majoritarian suppression of particular liberties or the endless rights-claims lodged by autonomous individuals against society. Instead, power is ordered to the demands of a shared political enterprise that emerges from man’s social nature. Building on political insights from Alexis de Tocqueville, Orestes Brownson, John Courtney Murray, and others Lawler and Reinsch seek to restore the relational person—the individual grounded in family, work, faith, and community—to a central place in our understanding of republican constitutionalism. Their work promotes the ongoing development of constitutional self-government rooted in our historical, legal, and religious foundations. The shared middle-class values that once united almost all Americans as well as any confidence in democratic deliberation or political liberty are rapidly atrophying. This book aims to rebuild this confidence by helping us think seriously about the complex interplay between political and economic liberties and the relational life of creatures and citizens.
Book Synopsis Presidential Government in the United States by : Caleb Perry Patterson
Download or read book Presidential Government in the United States written by Caleb Perry Patterson and published by . This book was released on 1947 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dangers of the increase in executive power within the U.S. government, and a proposal for a constitutional change providing for a responsible cabinet government.
Book Synopsis Presidential Government in the United States by : C Perry Patterson
Download or read book Presidential Government in the United States written by C Perry Patterson and published by . This book was released on 2012-03-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Amending America's Unwritten Constitution by : Richard Albert
Download or read book Amending America's Unwritten Constitution written by Richard Albert and published by Cambridge University Press. This book was released on 2022-10-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
Book Synopsis Expounding the Constitution by : Grant Huscroft
Download or read book Expounding the Constitution written by Grant Huscroft and published by Cambridge University Press. This book was released on 2011-08-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Book Synopsis The Words That Made Us by : Akhil Reed Amar
Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
