The Language Of Law And The Foundations Of American Constitutionalism

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The Language of Law and the Foundations of American Constitutionalism

Gary L. McDowell
The Language of Law and the Foundations of American Constitutionalism Book PDF

Author : Gary L. McDowell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 50,9 Mb
Release : 2010-06-28
Category : Political Science
ISBN : 9781139488112

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The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell Pdf

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.

God and Man in the Law

Robert Lowry Clinton
God and Man in the Law Book PDF

Author : Robert Lowry Clinton
Publisher : Unknown
Page : 320 pages
File Size : 49,7 Mb
Release : 1997
Category : Law
ISBN : UOM:39015040625512

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God and Man in the Law by Robert Lowry Clinton Pdf

In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.

The Foundations of American Constitutionalism

Andrew Cunningham McLaughlin
The Foundations of American Constitutionalism Book PDF

Author : Andrew Cunningham McLaughlin
Publisher : The Lawbook Exchange, Ltd.
Page : 184 pages
File Size : 47,5 Mb
Release : 2002
Category : Constitutional history
ISBN : 9781584772279

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The Foundations of American Constitutionalism by Andrew Cunningham McLaughlin Pdf

This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

Foundations of American Constitutionalism

David A. J. Richards
Foundations of American Constitutionalism Book PDF

Author : David A. J. Richards
Publisher : Oxford University Press, USA
Page : 332 pages
File Size : 54,8 Mb
Release : 1989
Category : Constitutional history
ISBN : 9780195059397

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Foundations of American Constitutionalism by David A. J. Richards Pdf

In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

The Legal Foundations of Inequality

Roberto Gargarella
The Legal Foundations of Inequality Book PDF

Author : Roberto Gargarella
Publisher : Cambridge University Press
Page : 287 pages
File Size : 53,7 Mb
Release : 2010-04-12
Category : Political Science
ISBN : 9781139485982

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The Legal Foundations of Inequality by Roberto Gargarella Pdf

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Constitutional Politics in Canada and the United States

Stephen L. Newman
Constitutional Politics in Canada and the United States Book PDF

Author : Stephen L. Newman
Publisher : State University of New York Press
Page : 291 pages
File Size : 50,7 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791485842

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Constitutional Politics in Canada and the United States by Stephen L. Newman Pdf

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

Common-law Liberty

James Reist Stoner
Common law Liberty Book PDF

Author : James Reist Stoner
Publisher : Unknown
Page : 230 pages
File Size : 46,6 Mb
Release : 2003
Category : Law
ISBN : UOM:39015057600242

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Common-law Liberty by James Reist Stoner Pdf

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.

A New Introduction to American Constitutionalism

Mark A. Graber
A New Introduction to American Constitutionalism Book PDF

Author : Mark A. Graber
Publisher : Oxford University Press
Page : 307 pages
File Size : 44,9 Mb
Release : 2015-03-06
Category : Law
ISBN : 9780190245238

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A New Introduction to American Constitutionalism by Mark A. Graber Pdf

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.

Constitutional Violence

Antoni Abat i Ninet
Constitutional Violence Book PDF

Author : Antoni Abat i Ninet
Publisher : Edinburgh University Press
Page : 192 pages
File Size : 44,9 Mb
Release : 2012-12-12
Category : Social Science
ISBN : 9780748669554

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Constitutional Violence by Antoni Abat i Ninet Pdf

If constitutional legitimacy is based on violence, what does this mean for democracy? Almost every state in the world has a written constitution and, for the great majority, the constitution is the law that controls the organs of the state. But is a constitution the best device to rule a country? Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Legal, political and constitutional practices demonstrate that constitutionalism and democracy seem to be irreconcilable. Antoni Abat i Ninet strives to resolve these apparently exclusive public and legal sovereignties, using their various avatars across the globe as case studies. He challenges the American constitutional experience that has dominated western constitutional thought as a quasi-religious doctrine. And he argues that human rights and democracy must strive to deactivate the 'invisible' but very real violence embedded in our seemingly sacrosanct constitutions.

American Constitutionalism

Stephen M. Griffin
American Constitutionalism Book PDF

Author : Stephen M. Griffin
Publisher : Princeton University Press
Page : 228 pages
File Size : 49,7 Mb
Release : 1998-07-27
Category : Law
ISBN : 9781400822126

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American Constitutionalism by Stephen M. Griffin Pdf

Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

Law, Liberty, and Justice

Trevor R. S. Allan
Law Liberty and Justice Book PDF

Author : Trevor R. S. Allan
Publisher : Oxford University Press, USA
Page : 324 pages
File Size : 55,7 Mb
Release : 1993
Category : Civil rights
ISBN : IND:30000047386382

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Law, Liberty, and Justice by Trevor R. S. Allan Pdf

In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.

American Constitutional Law, Volume II

Ralph A. Rossum
American Constitutional Law Volume II Book PDF

Author : Ralph A. Rossum
Publisher : Routledge
Page : 935 pages
File Size : 43,6 Mb
Release : 2018-05-15
Category : Political Science
ISBN : 9780429975059

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American Constitutional Law, Volume II by Ralph A. Rossum Pdf

This book examines how the Constitution and its amendments not only grant the national and state governments sufficient power to control the governed but also oblige these governments to control themselves. It considers the distribution of power in the national government.

American Constitutional Law, Volume II

Ralph A. Rossum,Alan Tarr,Vincent Phillip Munoz
American Constitutional Law Volume II Book PDF

Author : Ralph A. Rossum,Alan Tarr,Vincent Phillip Munoz
Publisher : Routledge
Page : 1204 pages
File Size : 45,8 Mb
Release : 2019-07-23
Category : Political Science
ISBN : 9781000074949

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American Constitutional Law, Volume II by Ralph A. Rossum,Alan Tarr,Vincent Phillip Munoz Pdf

American Constitutional Law 11e, Volume II provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition now includes several landmark First Amendment cases, including Janus v. American Federation of State, County, and Municipal Employees (2018), Minnesota Voters Alliance v. Mansky (2018), National Institute of Family and Life Advocates v. Beccera (2018), Trinity Lutheran Church v. Comer (2017) and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). It also includes Carpenter v. United States (2018). A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

American Constitutional Law, Volume I

Ralph A. Rossum,G. Alan Tarr,Vincent Phillip Munoz
American Constitutional Law Volume I Book PDF

Author : Ralph A. Rossum,G. Alan Tarr,Vincent Phillip Munoz
Publisher : Routledge
Page : 854 pages
File Size : 55,9 Mb
Release : 2019-07-23
Category : Political Science
ISBN : 9781000124354

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American Constitutional Law, Volume I by Ralph A. Rossum,G. Alan Tarr,Vincent Phillip Munoz Pdf

American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

American Constitutionalism

Howard Gillman,Mark A. Graber,Keith E. Whittington
American Constitutionalism Book PDF

Author : Howard Gillman,Mark A. Graber,Keith E. Whittington
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 48,9 Mb
Release : 2013
Category : Constitutional history
ISBN : 0199751269

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American Constitutionalism by Howard Gillman,Mark A. Graber,Keith E. Whittington Pdf

"This textbook pioneers a new approach to American constitutionalism. Our target audience consists of professors, students, and readers interested in researching, teaching, and learning about constitutional politics in the United States. This subject matter explains four crucial features of the material that follows: (1) We discuss all important debates in American Constitutional history (2) We include readings from all prominent participants in these constitutional debates (3) We organize these constitutional debates by historical era (4) Chapter introductions clearly lay out the political and legal contexts. Our goal is to familiarize readers with the central constitutional issues that have excited Americans over the years?and that are still vigorously debated in our time". -- PREFACE.