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Constitutional Law In The Political Process
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Book Synopsis Constitutional Construction by : Keith E. Whittington
Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Book Synopsis The Law of Democracy by : Samuel Issacharoff
Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
Book Synopsis Constitutional Law by : Geoffrey R. Stone
Download or read book Constitutional Law written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2017-12-20 with total page 2238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
Book Synopsis How Rights Went Wrong by : Jamal Greene
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Book Synopsis Why the Constitution Matters by : Mark Tushnet
Download or read book Why the Constitution Matters written by Mark Tushnet and published by Yale University Press. This book was released on 2010-01-01 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.
Book Synopsis Democracy and Distrust by : John Hart Ely
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus
Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
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.
Book Synopsis The Best Candidate by : Eugene D. Mazo
Download or read book The Best Candidate written by Eugene D. Mazo and published by Cambridge University Press. This book was released on 2020-09-17 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.
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 United States Constitutional Law by : DANIEL A.. SIEGEL FARBER (NEIL S.)
Download or read book United States Constitutional Law written by DANIEL A.. SIEGEL FARBER (NEIL S.) and published by Foundation Press. This book was released on 2019-02-06 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine--and its relationship to constitutional politics--in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis Judging Social Rights by : Jeff King
Download or read book Judging Social Rights written by Jeff King and published by Cambridge University Press. This book was released on 2012-05-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Book Synopsis Oregon Blue Book by : Oregon. Office of the Secretary of State
Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1895 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Politics by : Keith E. Whittington
Download or read book Law and Politics written by Keith E. Whittington and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Book Synopsis The Constitutional Amending Process in American Political Thought by : John R. Vile
Download or read book The Constitutional Amending Process in American Political Thought written by John R. Vile and published by Praeger. This book was released on 1992-05-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a safety valve for constitutional change in the United States without permitting ill-considered or hastily conceived modifications. This work will be of interest to political scientists, historians, and students of American studies and legal history.
