The Supreme Court And American Constitutionalism PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Supreme Court And American Constitutionalism PDF full book. Access full book title The Supreme Court And American Constitutionalism.
Author | : Bradford P. Wilson |
Publisher | : Rowman & Littlefield |
Total Pages | : 328 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780847686599 |
Download The Supreme Court and American Constitutionalism Book in PDF, ePub and Kindle
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
Author | : Mark A. Graber |
Publisher | : Oxford University Press |
Total Pages | : 307 |
Release | : 2015-03-06 |
Genre | : Law |
ISBN | : 0190245239 |
Download A New Introduction to American Constitutionalism Book in PDF, ePub and Kindle
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
Author | : Pamela C. Corley |
Publisher | : State University of New York Press |
Total Pages | : 163 |
Release | : 2010-03-24 |
Genre | : Political Science |
ISBN | : 143843068X |
Download Concurring Opinion Writing on the U.S. Supreme Court Book in PDF, ePub and Kindle
Analysis of concurrent opinion writing by Supreme Court justices.
Author | : Edward A. Purcell, Jr. |
Publisher | : Oxford University Press, USA |
Total Pages | : 329 |
Release | : 2020 |
Genre | : Constitutional law |
ISBN | : 0197508766 |
Download Antonin Scalia and American Constitutionalism Book in PDF, ePub and Kindle
"Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia's jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia's emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, arguing that he failed to produce either the objective method he claimed or the "correct" constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, the book examines his opinions on virtually all of the constitutional issues he addressed, from fundamentals of structure to most major constitutional provisions. The book argues that Scalia applied his jurisprudential theories in inconsistent ways and often ignored, twisted, or abandoned the interpretive methods he proclaimed, in most cases reaching results that were consistent with "conservative" politics and the ideology of the post-Reagan Republican Party. Most broadly, it argues that Scalia's jurisprudence and career are particularly significant because they exemplify-contrary to his own persistent claims-three paramount characteristics of American constitutionalism: the inherent inadequacy of "originalism" and other formal interpretive methodologies to produce "correct" answers to controverted constitutional questions; the relationship-particularly close in Scalia's case-between constitutional interpretations on one hand and substantive personal and political goals on the other; and the truly and unavoidably "living" nature of American constitutionalism itself. As a historical matter, the book concludes, Scalia stands as a towering figure of irony because his judicial career disproved the central claims of his own jurisprudence"--
Author | : John Agresto |
Publisher | : Cornell University Press |
Total Pages | : 184 |
Release | : 2016-10-15 |
Genre | : Law |
ISBN | : 1501712918 |
Download The Supreme Court and Constitutional Democracy Book in PDF, ePub and Kindle
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author | : Howard Gillman |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Constitutional history |
ISBN | : 9780197527672 |
Download American Constitutionalism Book in PDF, ePub and Kindle
"Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Rather, a robust and meaningful understanding of American Constitutionalism requires a consideration of the historical and political context in which the Supreme Court delivers its rulings. With this premise as a point of departure, renowned legal scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington move beyond traditional casebooks and take a refreshingly innovative approach to the study of Constitutional Law in American Constitutionalism Volumes I and II. Organized according to the standard two-semester Constitutional Law sequence, Volume I covers "Structures of Government" and Volume II covers "Rights and Liberties." Moreover, this text is offers a unique approach to its subject matter organizing the material within each volume according to historical era instead of the typical issues-based approach. Given the rapid pace of Supreme Court decisions, the landscape of Constitutionalism in the United States remains dynamic and fluid. As such, the new edition of American Constitutionalism Volumes I and II will include full coverage of major Supreme Court cases, decisions, and their political contexts through 2020, including coverage of the Obama and Trump administrations"--
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 230 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Download Common-law Liberty Book in PDF, ePub and Kindle
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author | : Robert G. McCloskey |
Publisher | : University of Chicago Press |
Total Pages | : 418 |
Release | : 2016-05-02 |
Genre | : History |
ISBN | : 022629692X |
Download The American Supreme Court Book in PDF, ePub and Kindle
The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. 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 sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. 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. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition
Author | : Steven J. Kautz |
Publisher | : University of Pennsylvania Press |
Total Pages | : 328 |
Release | : 2011-10-03 |
Genre | : Law |
ISBN | : 0812221907 |
Download The Supreme Court and the Idea of Constitutionalism Book in PDF, ePub and Kindle
In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.
Author | : Jennifer Nedelsky |
Publisher | : University of Chicago Press |
Total Pages | : 358 |
Release | : 1994-06-15 |
Genre | : Law |
ISBN | : 0226569713 |
Download Private Property and the Limits of American Constitutionalism Book in PDF, ePub and Kindle
Federalists vision of the Constitution; an interdisciplinary investigation.