American Constitutional Law

Author: Louis Fisher
Publisher:
ISBN: 9781611638110
Format: PDF, Mobi
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This paperback volume (subtitled Constitutional Rights: Civil Rights and Civil Liberties) includes chapters 10 through 19 of American Constitutional Law, Eleventh Edition (hardback). This book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals. After introductory chapters on constitutional politics, the doctrine of judicial review, threshold requirements, judicial organization, and the process and strategy of decision making, the book focuses on these substantive areas: separation of powers (domestic and foreign affairs), federal-state relations, economic liberties, free speech and free press, religious freedom, due process, search and seizure, race, equal protection, privacy, and political participation. The book concludes with a chapter on efforts to curb the Supreme Court. Professors may choose between the one-volume casebound book or two paperbacks: Volume 1 on ''Constitutional Structures: Separated Powers and Federalism,'' and Volume 2 on ''Constitutional Rights: Civil Rights and Civil Liberties.''

American Constitutional Law

Author: Louis Fisher
Publisher:
ISBN: 9781594609558
Format: PDF, Kindle
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This paperback volume (subtitled "Constitutional Rights: Civil Rights and Civil Liberties") includes chapters 10 through 19 of Fisher/Harriger, American Constitutional Law, Ninth Edition (hardback). Now in its ninth edition, American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. Along with containing analyses and excerpts of court decisions, the book highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receive a series of unilateral judicial commands. It covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. The book includes readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. It also includes a chapter on equal protection that addresses immigration law and the rights of aliens.

American Constitutional Law

Author: Louis Fisher
Publisher:
ISBN: 9781611638103
Format: PDF, Docs
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This paperback volume (subtitled Constitutional Structures: Separated Powers and Federalism) includes Chapters 1 through 9 of American Constitutional Law, Eleventh Edition (hardback), plus the concluding chapter, ''Efforts to Curb the Court.'' This book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals. After introductory chapters on constitutional politics, the doctrine of judicial review, threshold requirements, judicial organization, and the process and strategy of decision making, the book focuses on these substantive areas: separation of powers (domestic and foreign affairs), federal-state relations, economic liberties, free speech and free press, religious freedom, due process, search and seizure, race, equal protection, privacy, and political participation. The book concludes with a chapter on efforts to curb the Supreme Court. Professors may choose between the one-volume casebound book or two paperbacks: Volume 1 on ''Constitutional Structures: Separated Powers and Federalism,'' and Volume 2 on ''Constitutional Rights: Civil Rights and Civil Liberties.''

The American Supreme Court

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Format: PDF, ePub
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Separation of Powers in Practice

Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Format: PDF, Docs
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Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

Originalism Federalism and the American Constitutional Enterprise

Author: Edward A. Purcell
Publisher: Yale University Press
ISBN: 9780300122039
Format: PDF
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In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true” nature of American federalism, Purcell contends, nor was there a consensus on "correct” lines dividing state and national authority. Furthermore, even had there been some true "original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Format: PDF, ePub
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Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.

American Constitutional Law

Author: Calvin R. Massey
Publisher: Wolters Kluwer Law & Business
ISBN: 1543805566
Format: PDF, Kindle
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American Constitutional Law: Powers and Liberties, 2018 Case Supplement