Описание: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion.Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.
Автор: Founding Fathers, Justicelearning Org Название: The United States Constitution: What It Says, What It Means ISBN: 0195304438 ISBN-13(EAN): 9780195304435 Издательство: Oxford Academ Цена: 826.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Affordable, readable, and indispensable, The United States Constitution: What it Says, What it Means allows you to put the most important document in American history in your back pocket. In conjunction with Justice Learning and The Annenberg Foundation Trust at Sunnylands and with an introduction written by Caroline Kennedy and an afterword written by David Eisenhower, this pocket guide appeals to the broadest possible audience. Each Article and each Amendment is followed by a clear and concise explanation, in plain English, that is suitable for both middle and high school students. On December 8, 2004 President Bush officially signed Constitution Day into law. The law mandates that each year, on September 17th, schools and colleges that receive federal money are required to teach the Constitution. The new law was championed in Congress by Sen. Robert Byrd who famously carries around a copy of the document in his pocket. Sen. Byrd became increasingly alarmed at the lack of civics education-specifically relating to the Constitution-in our public schools and he wanted to take action. Lightweight, easy to use and easy for everyone to understand The United States Constitution: What it Says, What it Means is an excellent way for students and citizens of all ages to read and completely comprehend the building block of American democracy. Justice Learning (www.justicelearning.org), is a comprehensive on-line resource that offers wide-ranging non-partisan materials relating to civics education.
Автор: Tushnet, Mark Название: Constitution of the united states of america ISBN: 1841137383 ISBN-13(EAN): 9781841137384 Издательство: Hart Publishing Рейтинг: Цена: 2297.00 р. Наличие на складе: Нет в наличии.
Описание: Covers the history and meaning of the United States` Constitution. This work is organised around two themes: the US Constitution is old, short, and difficult to amend, and it creates a structure of political opportunities that allows political actors to pursue the preferred policy goals even to the point of altering the very structure of politics.
Автор: Bellia Jr. Anthony J. Название: The Law of Nations and the United States Constitution ISBN: 019984125X ISBN-13(EAN): 9780199841257 Издательство: Oxford Academ Рейтинг: Цена: 12514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
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.
Автор: Campbell, Ballard C. Название: The paradox of power ISBN: 0700632565 ISBN-13(EAN): 9780700632565 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4764.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: America’s political history is a fascinating paradox. The United States was born with the admonition that government posed a threat to liberty. This apprehension became the foundation of the nation’s civic ideology and was embedded in its constitutional structure. Yet the history of public life in the United States records the emergence of an enormously powerful national state during the nineteenth century. By 1920, the United States was arguably the most powerful country in the world. In The Paradox of Power Ballard C. Campbell traces this evolution and offers an explanation for how it occurred.Campbell argues that the state in America is rooted in the country’s colonial experience and analyzes the evidence for this by reviewing governance at all levels of the American polity—local, state, and national—between 1754 and 1920. Campbell poses five critical causal references: war, geography, economic development, culture and identity (including citizenship and nationalism), and political capacity. This last factor embraces law and constitutionalism, administration, and political parties. The Paradox of Power makes a major contribution to our understanding of American statebuilding by emphasizing the fundamental role of local and state governance to successfully integrate urban, state, and national governments to create a composite and comprehensive portrait of how governance evolved in America.
Описание: American government evolved over the generations since the mid-nineteenth century. The changing character of these institutions is a critical part of the history of the United States. This engaging survey focuses on the evolution of public policy and its relationship to the constitutional and political structure of government at the federal, state, and local levels. A new chapter in this revised and updated edition examines the debate about "big government" over the last 20 years.
Автор: Jeffries John Название: A Third Term for FDR: The Election of 1940 ISBN: 0700624023 ISBN-13(EAN): 9780700624027 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4764.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In 1940, for the first time since America’s founding, a sitting president sought a third term in office. But this was only one remarkable aspect of that year’s election, which was, as John Jeffries makes clear in his new book, one of the most interesting and important elections in American history.Franklin Roosevelt’s plan to pack the Supreme Court had failed; in the wake of a recent recession, his New Deal had hardened support and opposition among both parties; and the German advance across Europe, along with Japanese aggression in Asia, was stirring fierce debate over America’s role in the world. Adding to the moment of profound uncertainty was FDR’s procrastination over whether to run again. Jeffries explores how these tensions played out and what they meant, not just for the presidential election but also for domestic politics and policy generally, and for state and local contests. In the context of the Roosevelt Coalition and the New Deal party system, he parses the debates and struggles within both the Democratic and Republican parties as Roosevelt deliberated over running and Wendell Wilkie, a businessman from Indiana and New York City, got the nod from Republicans over a field including the rising moderate Thomas E. Dewey, the conservative Michigan senator Arthur Vandenburg, and the isolationist Ohio senator Robert Taft.A Third Term for FDR reveals how domestic policy more than international events influenced Roosevelt’s decision to run and his victory in November. A detailed analysis of the results offers insights into the impact of the year’s events on voting, and into the election’s long-term implications and ramifications—many of which continue to this day.
Описание: These essays on the Constitution were written by busy men in the midst of an active public and professional life, written with immense haste, and without proper time for consultation.
Описание: This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution`s meaning to constitutional history, the text traces the Constitution`s evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.
Автор: Brannon-Wranosky Jessica, Glasrud Bruce a. Название: Impeached: The Removal of Texas Governor James E. Ferguson ISBN: 162349527X ISBN-13(EAN): 9781623495275 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5016.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In 1917, barely into his second term as governor of Texas, James E. Ferguson was impeached, convicted, and removed from office. Impeached provides a new examination of the rise and fall of Ferguson's political fortunes, offering a focused look at how battles over economic class, academic freedom, women's enfranchisement, and concentrated political power came to be directed toward one politician.
Jessica Brannon-Wranosky and Bruce A. Glasrud have brought together top scholars to shine a light on this unique chapter in Texas history. An overview by John R. Lundberg offers a comprehensive survey of the impeachment process. Kay Reed Arnold then follows the Ferguson story into the halls of academia at the University of Texas--which Ferguson threatened to close--sparking a fierce response by faculty, alumni, students, and, especially, the Women's Committee for Good Government. Rachel M. Gunter further places the Ferguson impeachment in the context of the suffrage movement. Leah LaGrone Ochoa then explores Ferguson's hot-and-cold relationship with the Texas press, and Mark Stanley examines the impact of the impeachment on Texas politics in the decades that followed. Jessica Brannon-Wranosky concludes with an assessment of the historical memory of Ferguson's impeachment throughout the twentieth and twenty-first centuries.
Impeached: The Removal of Texas Governor James E. Ferguson reveals how power ebbed and flowed in twentieth-century Texas and includes several annotated primary documents critical to understanding the Ferguson impeachment.
JESSICA BRANNON-WRANOSKY is associate professor of history at Texas A&M University-Commerce. Her most recent publications include contributions to Texas Women: Their Histories, Their Lives and Discovering Texas History. BRUCE A. GLASRUD is professor emeritus of history at California State University, East Bay, and retired dean of the School of Arts and Sciences at Sul Ross State University. He is the author, coauthor, or editor of more than two dozen books, most recently Anti-Black Violence in Twentieth-Century Texas.
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.
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