American Constitutional Law

Author: Louis Fisher
Publisher:
ISBN: 9781611638103
Format: PDF, Mobi
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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, Kindle
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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.

The American Supreme Court

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Format: PDF, ePub, Mobi
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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.

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Format: PDF
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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 Massey
Publisher: Wolters Kluwer Law & Business
ISBN: 1454874821
Format: PDF, Kindle
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Shorter than most Constitutional Law casebooks, American Constitutional Law: Powers and Liberties, 5E provides a broad survey of the field without overwhelming students. The basics of constitutional theory are presented without getting mired in highly theoretical discussions and cases are tightly edited to focus on the most important aspects with additional cases on select topics condensed into narrative summaries. The book focuses on cases and expository text rather than extensive academic commentary, and introductory text provides direction to students as they read and analyze the materials that follow. Additionally, challenging hypotheticals are provided throughout the text for use as student self-assessments or to launch stimulating class discussions. This highly teachable book can be used for a one- or two-semester course and is easily adaptable to suit each professor s preferences.

The Oxford Handbook of the U S Constitution

Author: Mark Tushnet
Publisher: Oxford University Press
ISBN: 0190245778
Format: PDF, ePub, Docs
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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.

American constitutional law

Author: Laurence H. Tribe
Publisher:
ISBN:
Format: PDF, ePub
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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.

Perfecting the Constitution

Author: Darren Patrick Guerra
Publisher: Lexington Books
ISBN: 0739183869
Format: PDF, ePub, Docs
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This book provides a brief intellectual and constitutional history of the Article V amending process from the Imperial Crisis until the present and shows Article V to be a vital part of the Constitutional architecture.