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Author : E. Fitch Smith
Publisher : Unknown
Page : 1004 pages
File Size : 48,8 Mb
Release : 1848
Category : Constitutional law
ISBN : STANFORD:36105043954739
Author : E. Fitch Smith
Publisher : Forgotten Books
Page : 1014 pages
File Size : 55,7 Mb
Release : 2017-01-11
Category : Law
ISBN : 1334975078
Excerpt from Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction The difficulty of grasping, and at the same time couden sing this subject, presents to the mind, much intrinsic di icul ty, well calculated to embarrass and perplex an author. The subject itself, is of such a nature, as not to be susceptible of illustration and exemplification, like many common law rules, by a few succinct, terse, elementary principles. Without ex. Emplification, and illustration, the elementary principles of constitutional construction, can hardly be so stated as to be clearly understood, or rendered intelligible. Any work on con stitutional law without this, would be a mere digest, and val nless to the profession, except as an index of cases. A con viction of this, has in many instances, induced me to insert at some length, the reasons upon which a particular construc tion has been founded. This has been done to an extent, which would be unwarranted in a commentary upon almost any other juridical subject. In this country, there has, for a long time, been evinced in our legislative bodies, a propensity to legislate, so much so, that even unconstitutional legislation, or at least, that of doubtful constitutionality, has been carried to an alarming extent. An excess of legislation, is one of the greatest evils Wth has engrafted itself upon our politi cal institutions. It has indeed become as a mildew, and blighting curse upon the body politic, and the jurisprudence of the present age. A deep conviction of this fact, has in duced me, in numerous instances, to interpose objections to par ticular acts of legislation, and to protest against their validity. I have endeavored to support such objections by such argu ments and facts, as for the time being, lay within the range of my intellectual powers. Whenever this has been done. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."
Author : E. Fitch Smith
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 1848
Category : Constitutional law
ISBN : OCLC:1181089964
Author : Gustav Adolf Endlich
Publisher : Unknown
Page : 970 pages
File Size : 52,9 Mb
Release : 1888
Category : Law
ISBN : STANFORD:36105043945976
Author : Bishop
Publisher : Unknown
Page : 372 pages
File Size : 55,8 Mb
Release : 1882
Category : Electronic
ISBN : UBBE:UBBE-00112607
Author : Joel Prentiss Bishop
Publisher : Unknown
Page : 374 pages
File Size : 52,8 Mb
Release : 1882
Category : Law
ISBN : UOM:35112104124716
Author : E. Fitch Smith
Publisher : Unknown
Page : 1040 pages
File Size : 41,7 Mb
Release : 1848
Category : Constitutional law
ISBN : HARVARD:32044012412607
Author : Arkansas. Supreme Court
Publisher : Unknown
Page : 754 pages
File Size : 43,5 Mb
Release : 1840
Category : Electronic
ISBN : BL:A0027072095
Author : Otis ALLEN
Publisher : Unknown
Page : 524 pages
File Size : 51,8 Mb
Release : 1845
Category : Electronic
ISBN : BL:A0026627787
Author : New York (State). Supreme Court,John Lansing Wendell
Publisher : Unknown
Page : 552 pages
File Size : 47,5 Mb
Release : 1829
Category : Law reports, digests, etc
ISBN : UOM:35112102516319
Author : New York (State)
Publisher : Unknown
Page : 1406 pages
File Size : 47,6 Mb
Release : 1859
Category : Law
ISBN : UOM:35112104871076
Author : Robert A. Katzmann
Publisher : Oxford University Press, USA
Page : 184 pages
File Size : 52,7 Mb
Release : 2014
Category : Law
ISBN : 9780199362134
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.
Author : Samuel Owen
Publisher : Unknown
Page : 412 pages
File Size : 43,5 Mb
Release : 1849
Category : Law
ISBN : UOM:35112104229366
Author : J.G. Sutherland
Publisher : Рипол Классик
Page : 871 pages
File Size : 54,7 Mb
Release : 1972
Category : History
ISBN : 9785876844613
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author : Elmer A. Driedger
Publisher : Butterworth-Heinemann
Page : 385 pages
File Size : 53,7 Mb
Release : 1983-01-01
Category : Law
ISBN : 0409828033