The Constitutional Divide

Author : William P. Kreml
Publisher : Univ of South Carolina Press
Page : 252 pages
File Size : 53,5 Mb
Release : 1997
Category : Civil law
ISBN : 1570031118

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The Constitutional Divide by William P. Kreml Pdf

Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 44,9 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington
Publisher : Harvard University Press
Page : 315 pages
File Size : 48,8 Mb
Release : 2009-06-01
Category : Law
ISBN : 9780674045156

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Constitutional Construction by Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington Pdf

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Author : Russell L. Riley
Publisher : Texas A&M University Press
Page : 223 pages
File Size : 50,9 Mb
Release : 2010
Category : Political Science
ISBN : 9781603443272

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Joseph V. Hughes Jr. and Holly O. Hughes Series on the Presidency and Leadership by Russell L. Riley Pdf

Bridging the Constitutional Divide: Inside the White House Office of Legislative Affairs is sure to fascinate, and even to entertain, scholars, students, and general readers interested in the ever-shifting relationship of the presidency to the legislative branch.

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 55,6 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Author : Sujit Choudhry
Publisher : OUP Oxford
Page : 496 pages
File Size : 47,5 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191021510

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Constitutional Design for Divided Societies by Sujit Choudhry Pdf

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 385 pages
File Size : 55,5 Mb
Release : 2005-11-17
Category : Law
ISBN : 9780393077513

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A Court Divided: The Rehnquist Court and the Future of Constitutional Law by Mark Tushnet Pdf

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Author : Antonia Baraggia,Cristina Fasone,Luca P. Vanoni
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 45,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788975278

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New Challenges to the Separation of Powers by Antonia Baraggia,Cristina Fasone,Luca P. Vanoni Pdf

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.

Author : Keith E. Whittington
Publisher : Unknown
Page : 328 pages
File Size : 54,9 Mb
Release : 1999
Category : Law
ISBN : UOM:39015046497452

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Constitutional Construction by Keith E. Whittington Pdf

This text argues that the Constitution has a dual nature. The first is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. But the Constitution also permeates politics itself.

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 52,7 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author : Carney Patton
Publisher : Unknown
Page : 420 pages
File Size : 40,9 Mb
Release : 2001
Category : Civil rights
ISBN : LCCN:2002284214

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Constitutional Divide Under Judicial Discretion by Carney Patton Pdf

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 317 pages
File Size : 55,7 Mb
Release : 2014
Category : Law
ISBN : 9780198714514

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Comparative Matters by Ran Hirschl Pdf

Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.

Author : Donald F. Bur
Publisher : University of Alberta
Page : 840 pages
File Size : 54,6 Mb
Release : 2021-02-13
Category : Law
ISBN : 9781772125283

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Laws of the Constitution by Donald F. Bur Pdf

Laws of the Constitution: Consolidated gathers all of the historical and contemporary constitutional documents pertaining to Canada, its provinces, and its territories, organized thematically and topically for ease of reference and supported by comprehensive lists and a thorough index. The volume excludes overridden and irrelevant documents, making it a comprehensive yet focused and precise reference that presents the words, ideas, and documents that have brought the constitution into being. A must for academic libraries, Bur’s compilation is an indispensable resource for lawyers and scholars in Canadian constitutional law, as well as historians, political scientists, policy makers, and anyone interested in constitution-making.

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
Page : 236 pages
File Size : 47,5 Mb
Release : 2021-11-02
Category : History
ISBN : 9780374720872

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The Broken Constitution by Noah Feldman Pdf

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Author : Robin W. Boadway
Publisher : Unknown
Page : 90 pages
File Size : 51,7 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105002320625

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The Constitutional Division of Powers by Robin W. Boadway Pdf

This study focuses on efficiency considerations on various aspects of the economic union, particularly the need to ensure an internal common market by minimizing barriers to trade, investment, and mobility and the need for some form of equalization among provinces with substantially different economic structures. Efficiency considerations are seldom clear cut, however, and the study reviews a number of different efficiency arguments, some of which point in the direction of centralized government action, while others point towards decentralization. It also reviews the evolution of the relative importance of federal and provincial activity in the area of taxation and spending over the last 30 years.