American Constitutional Law

Author: Louis Fisher
Publisher:
ISBN: 9781611638103
Format: PDF, ePub, 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.''

Originalism Federalism and the American Constitutional Enterprise

Author: Edward A. Purcell
Publisher: Yale University Press
ISBN: 9780300122039
Format: PDF, ePub, Mobi
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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.

American constitutional law

Author: Laurence H. Tribe
Publisher:
ISBN:
Format: PDF
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Approaches to Constitutional Analysis; Model I: Model of Separated and Divided Powers; Federal Judicial Power; Federal Executive Power; Federal Legislative Power; Federalism-Based Limits on State and Local Power; Direct Protection of Individuals and Groups; Model II: The Model of Implied Limitations on Government; Model III: Model of Settled Expectations; Model IV: Model of Regularity; Model V: Model of Preferred Rights; Rights of Communication and Expression; Rights of Political Participation; Rights of Religious Autonomy; Rights of Privacy and Personhood; Model VI: The Model of Equal Protection; Model VII: Toward a Model of Structural Justice?; Problem of State Action.

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Format: PDF, ePub, Docs
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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.

Federalism the Supreme Court and the Seventeenth Amendment the Irony of Constitutional Democracy

Author: Ralph A. Rossum
Publisher: Lexington Books
ISBN: 9780739102862
Format: PDF, ePub, Mobi
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Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

American Constitutional Law

Author: Donald P. Kommers
Publisher: Rowman & Littlefield
ISBN: 9780742526884
Format: PDF, ePub, Docs
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A course on constitutional law and civil liberties can be and is nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Volume 1 Governmental Powers and Democracy, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy. Although the focus is on American constitutional law, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution by challenging the reader to assess American constitutional values in light of other traditions and understandings of constitutional governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.Volume 1 focuses on governmental structures and relationships and includes a new chapter on elections and political representation.

Constitutional Law National Power and Federalism

Author: Christopher N. May
Publisher: Aspen Publishers Online
ISBN: 9780735562110
Format: PDF
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Part of a two-volume set, CONSTITUTIONAL LAW: National Power and Federalism continues to be a favorite with its tried-and-true E&E pedagogy. It is a problem-oriented guide designed and organized to complement major Constitutional Law casebooks. It takes students through the principal doctrines of constitutional law covered in a typical course, focusing on the powers of the federal courts, Congress, and the President; and examines the doctrines of separation of power and federalism, as well as some of the limitations that the Constitution imposes on state powers. This edition retains the great features that have always made it a dependable source for students. the text is: straightforward in nature, though not overly simplistic presented in a format that is unique and time-tested. Its E&E pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions to test students comprehension of the material and provide practice in applying legal principles to fact patterns. the questions, which develop a variety of issues in one fact situation, are similar to those on a law school or bar examination a problem-oriented guide that takes students through the principal doctrines of constitutional law that are covered in a typical course designed to make students think, with depth and perception, about the larger issues of constitutional law part of a two-volume set that includes a corresponding treatment of Individual Rights. Together, these volumes present a foundation in the doctrines and methods of constitutional law and constitutional argument organized in easily digestible sections. It explains legal concepts and principles, followed by examples and analysis that illustrate how to apply these concepts and principles in hypothetical situations strong in authorship, as the authors have more than 50 years of combined experience in the area of constitutional law The Fourth Edition also includes an abundance of updated & timely information, including: approximately forty new Supreme Court cases decided during the 2003-04, 2004-05, and 2005-06 terms, as well as a number of significant lower federal court decisions. Some of the more noteworthy cases are: - DaimlerChrysler Corp. v. Cuno (taxpayer standing); - Elk Grove Unified School District v. Newdow (parental standing); - Kowalski v. Tesmer (attorney standing); - Gonzales v. Raich (governments use of the commerce power to regulate medicinal use of homegrown marijuana); - Tennessee v. Lane (congressional abrogation of state sovereign immunity); - Sanchez-Llamas v. Oregon (binding effect of World Court treaty interpretations on U.S. Supreme Court); - Hamdan v. Rumsfeld (judicial review of presidential war powers during wartime); - Evans v. Stephens (Presidents appointment of federal judges without consent of Senate); and - Bach v. Pataki (state discrimination against nonresidents with respect to ability to carry handguns). refreshed and updated examples and explanations to put the material in context for your students