Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Constitutional Argument And Institutional Structure In The United States
Download Constitutional Argument And Institutional Structure In The United States full books in PDF, epub, and Kindle. Read online Constitutional Argument And Institutional Structure In The United States ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Constitutional Argument and Institutional Structure in the United States by : Nicholas Papaspyrou
Download or read book Constitutional Argument and Institutional Structure in the United States written by Nicholas Papaspyrou and published by . This book was released on 2018 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textual primacy and precedential force : the institutional anchorage of -- Constitutional law -- The authority of constitutional law -- Constitutional interpretation as a distinctive kind of practical -- Reasoning -- Constitutional constructivism and practical deliberation -- The pursuit of political justice -- The justification of institutional norms -- The operation and the dynamics of institutional norms -- Functional analysis and institutional checks -- Democracy and institutional design -- Democracy and judicial review -- The province and duty of the judicial department -- The subtlety of constitutional doctrine -- The claim to judicial supremacy -- Constitutional sensibilities
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Constitutional Government in the United States by : Woodrow Wilson
Download or read book Constitutional Government in the United States written by Woodrow Wilson and published by Routledge. This book was released on 2017-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the genuine classics of American political science literature, Constitutional Government in the United States is also a subtle and influential criticism of the American founding fathers produced during the Progressive Era. Wilson's interpretation of the Constitution shaped the thought of scholars and students of American politics. His definition of constitutional government and the place of the United States in the development of constitutional theory continues to shape discourse today. Wilson discusses the three branches of government in the United States, the relation between the states and the federal government and party government in a manner quite distinct from the founding fathers. Constitutional Government has its origins in a series of lectures Wilson delivered at Columbia University in 1907. It is carefully organized around three separate but mutually supporting arguments. First, is the idea that constitutional government evolves historically from primitive beginnings of the state toward a universal and ideal form. Second, this idea of historical evolution contains within it an analysis of how and where the Constitution fits into the evolutionary process as a whole. Third, the historical thesis itself provides a prescription for bringing American government, and with it the Constitution, into accord with his first principle of the ideal form of modern government.In his new introduction, Sidney A. Pearson explores how, with Constitutional Government in the United States, Wilson helped create a new genre of political writing using the point of view of a literary politician. He discusses Wilson's intention to replace the constitutional argument of the founders with one of his own based on the application of Darwinian metaphor in a political science framework. And he examines the differences between the views launched by Wilson and those set forth by James Madison in The Federalist. This is an essential work for all interested in the evolution of Amer
Book Synopsis The Moral Purpose of the State by : Christian Reus-Smit
Download or read book The Moral Purpose of the State written by Christian Reus-Smit and published by Princeton University Press. This book was released on 2009-11-02 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explain why different systems of sovereign states have built different types of fundamental institutions to govern interstate relations. Why, for example, did the ancient Greeks operate a successful system of third-party arbitration, while international society today rests on a combination of international law and multilateral diplomacy? Why did the city-states of Renaissance Italy develop a system of oratorical diplomacy, while the states of absolutist Europe relied on naturalist international law and "old diplomacy"? Conventional explanations of basic institutional practices have difficulty accounting for such variation. Christian Reus-Smit addresses this problem by presenting an alternative, "constructivist" theory of international institutional development, one that emphasizes the relationship between the social identity of the state and the nature and origin of basic institutional practices. Reus-Smit argues that international societies are shaped by deep constitutional structures that are based on prevailing beliefs about the moral purpose of the state, the organizing principle of sovereignty, and the norm of procedural justice. These structures inform the imaginations of institutional architects as they develop and adjust institutional arrangements between states. As he shows with detailed reference to ancient Greece, Renaissance Italy, absolutist Europe, and the modern world, different cultural and historical contexts lead to profoundly different constitutional structures and institutional practices. The first major study of its kind, this book is a significant addition to our theoretical and empirical understanding of international relations, past and present.
Book Synopsis The Oxford Handbook of the U.S. Constitution by : Mark Tushnet
Download or read book The Oxford Handbook of the U.S. Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.
Book Synopsis Constitutional Argument and Institutional Structure in the United States by : Nicholas Papaspyrou
Download or read book Constitutional Argument and Institutional Structure in the United States written by Nicholas Papaspyrou and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.
Book Synopsis Constitutional Rights -What They Are and What They Ought to Be by : Carl Wellman
Download or read book Constitutional Rights -What They Are and What They Ought to Be written by Carl Wellman and published by Springer. This book was released on 2016-05-12 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.
Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Framed written by Sanford Levinson and published by Oxford University Press. This book was released on 2012-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.
Book Synopsis Brown v. Board of Education by : James T. Patterson
Download or read book Brown v. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Book Synopsis Constitutional Law for a Changing America by : Lee Epstein
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by Cq Press. This book was released on 2010-05-01 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis New Frontiers of State Constitutional Law by : James A. Gardner
Download or read book New Frontiers of State Constitutional Law written by James A. Gardner and published by Oxford University Press. This book was released on 2010-12-14 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Book Synopsis Broken Trust by : Stephen M. Griffin
Download or read book Broken Trust written by Stephen M. Griffin and published by University Press of Kansas. This book was released on 2015-08-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.
Book Synopsis Perfecting the Union by : Max M. Edling
Download or read book Perfecting the Union written by Max M. Edling and published by Oxford University Press. This book was released on 2020-12-11 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most of the twentieth century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. In Perfecting the Union, Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean, and to defuse inter-state tension within the union. By replacing the defunct Articles of Confederation, the Constitution profoundly transformed the structure of the American union by making the national government more effective. But it did not transform the fundamental purpose of the union, which remained a political organization designed to manage inter-state and international relations. And in contrast to what many scholars claim, it was never meant to eclipse the state governments. The Constitution created a national government but did not significantly extend its remit. The result was a dual structure of government, in which the federal government and the states were both essential to the people's welfare. Getting the story about the Constitution straight matters, Edling claims, because it makes possible a broader assessment of the American founding as both a transformative event, aiming at territorial and economic expansion, and as a conservative event, aiming at the preservation of key elements of the colonial socio-political order.
Book Synopsis Crafting Constitutional Democracies by : Edward V. Schneier
Download or read book Crafting Constitutional Democracies written by Edward V. Schneier and published by Rowman & Littlefield. This book was released on 2006 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.
Book Synopsis Comparative Constitutional Design by : Tom Ginsburg
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
