Описание: Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year?This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA ""failed"" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War.Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Автор: Hay, Peter Название: Law of the united states ISBN: 113822202X ISBN-13(EAN): 9781138222021 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Law of the United States offers an introduction and overview of the American legal system. With an emphasis throughout on up-to-date case law and current literature, it is an ideal first point of entry for students and practitioners alike, and a starting point for further independent research.
Professor Hay provides a concise and straightforward explanation of the law and legal vocabulary, as well as an introduction to the different types of law and legal techniques. He explains the role of Congress, the Executive and the Courts, and clarifies the mechanisms behind the branches of public and private law in the United States. He introduces the reader to the complexities of federal and state law, emphasizing that the many areas of public law and virtually all areas of private law are the separate law of the 50 States, the District of Columbia, and the (U.S.-dependent) Territories in which common language, legal tradition, and culture have served to bring about a basic legal unity. Several private law areas (contract law, torts, family law, succession) receive detailed treatment, as do criminal law and procedure.
The book provides detailed references to legislation, case law, and the literature, up-to-date through early 2016. Four appendices present a detailed case study with commentary to aid the civil law reader in understanding of the case law system; the text of the U.S. Constitution (referred to in several contexts throughout the book); a geographic map of the U.S. federal court system; and information on the Legal Profession in the United States.
Автор: Karen Orren Название: The Cambridge Companion to the United States Constitution ISBN: 1107094666 ISBN-13(EAN): 9781107094666 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will be useful for students and non-specialists who seek a broad, historically grounded introduction to the study of the US constitutional system. The book places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Описание: On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas.
Автор: Karen Orren, John Compton Название: The Cambridge Companion to the United States Constitution ISBN: 1107476623 ISBN-13(EAN): 9781107476622 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will be useful for students and non-specialists who seek a broad, historically grounded introduction to the study of the US constitutional system. The book places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Описание: Provides a demonstration of how social reformers and politicians have used the amendment process to achieve favourable political results even as their proposed amendments have failed to be adopted. Roger Hartley examines familiar examples like pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments.
Автор: Perry Название: Human Rights in the Constitutional Law of the United States ISBN: 1107038367 ISBN-13(EAN): 9781107038363 Издательство: Cambridge Academ Рейтинг: Цена: 9662.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explicates the morality of human rights and elaborates three internationally recognized human rights that are entrenched in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom.
Автор: Brown Kate Elizabeth Название: Alexander Hamilton and the Development of American Law ISBN: 0700624805 ISBN-13(EAN): 9780700624805 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5821.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. This volume counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist.
Автор: Hoffer Peter Charles, Hoffer Williamjames Hull, Hull N. E. H. Название: The Supreme Court: An Essential History, Second Edition ISBN: 0700626824 ISBN-13(EAN): 9780700626823 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4388.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
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