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Download or read book Powers V. Dole written by and published by . This book was released on 1985 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 473 pages
Book Rating : 4.8/5 (861 download)
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 0674258231
Total Pages : 337 pages
Book Rating : 4.6/5 (742 download)
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author : United States. Presidential Commission on Drunk Driving
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (327 download)
Download or read book Presidential Commission on Drunk Driving written by United States. Presidential Commission on Drunk Driving and published by . This book was released on 1983 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Yoo
Publisher : University of Chicago Press
ISBN 13 : 0226960331
Total Pages : 378 pages
Book Rating : 4.2/5 (269 download)
Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Author : Richard E. Flathman
Publisher : Cambridge University Press
ISBN 13 : 0521211700
Total Pages : 262 pages
Book Rating : 4.5/5 (212 download)
Download or read book The Practice of Rights written by Richard E. Flathman and published by Cambridge University Press. This book was released on 1976 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Richard Flathman sets out to provide a systematic understanding and an assessment of individual rights.
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 : John R. Vile
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442203862
Total Pages : 574 pages
Book Rating : 4.4/5 (422 download)
Download or read book Essential Supreme Court Decisions written by John R. Vile and published by Rowman & Littlefield Publishers. This book was released on 2010-12-28 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Author : Sanford Levinson
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author : David G. Savage
Publisher :
ISBN 13 : 9781568027449
Total Pages : 0 pages
Book Rating : 4.0/5 (274 download)
Download or read book Guide to the U.S. Supreme Court written by David G. Savage and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --
Author : Pauline Maier
Publisher : Simon and Schuster
ISBN 13 : 0684868555
Total Pages : 608 pages
Book Rating : 4.6/5 (848 download)
Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
Author : Alfonse D'Amato
Publisher : Hyperion Books
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.3/5 (91 download)
Download or read book Power, Pasta, and Politics written by Alfonse D'Amato and published by Hyperion Books. This book was released on 1995-08-04 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his own New York way, D'Amato--who has been more in the national media in 1994 than ever before--tells the tale of his struggles as an immigrant son who overcame the odds; his out-of-touch enemies in an upper-class Congress; the Republican party he loves and would love to change; and the middle-class, impassioned people whose voice he represents. Photos.
Author : Irving Fisher
Publisher :
ISBN 13 :
Total Pages : 558 pages
Book Rating : 4.F/5 ( download)
Download or read book The Purchasing Power of Money written by Irving Fisher and published by . This book was released on 1911 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Harold J Krent
Publisher : NYU Press
ISBN 13 : 081474933X
Total Pages : 288 pages
Book Rating : 4.8/5 (147 download)
Download or read book Presidential Powers written by Harold J Krent and published by NYU Press. This book was released on 2005-02-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framed in Article II of the Constitution, presidential powers are dictated today by judicial as well as historical precedent. To understand the ways the president wields power as well as how this power is kept in check by other branches of government, Harold J. Krent presents three overlapping determinants of the president's role under the Constitution-the need for presidential initiative in administering the law and providing foreign policy leadership, the importance of maintaining congressional control over policymaking, and the imperative to ensure that the president be accountable to the public. Krent’s examination is sweeping, ranging from the president's ability to appoint and remove executive branch officials, to the president's role in proposing and implementing treaties and the power to conduct war, to the extent the president can refuse to turn over information in response to congressional and judicial requests. Finally, Krent addresses the history and purposes of presidential pardons. By drawing on historic and contemporary presidential actions to illustrate his points, Krent reminds us that the president is both an exalted leader with the regalia of power and an American who is and should be accountable to fellow citizens-important considerations as we elect and assess our presidents.
Author :
Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.0/5 ( download)
Download or read book West's Federal Practice Digest written by and published by . This book was released on 2000 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert A. Levy
Publisher : Cato Institute
ISBN 13 : 1935308327
Total Pages : 338 pages
Book Rating : 4.9/5 (353 download)
Download or read book The Dirty Dozen written by Robert A. Levy and published by Cato Institute. This book was released on 2009-08-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
