The Partial Constitution

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The Partial Constitution

Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 432 pages
File Size : 51,7 Mb
Release : 1993
Category : Law
ISBN : 067465479X

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The Partial Constitution by Cass R. Sunstein Pdf

Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR

Designing Democracy

Author : Cass R. Sunstein,Robert Walmsley University Professor Cass R Sunstein
Publisher : Oxford University Press on Demand
Page : 291 pages
File Size : 49,8 Mb
Release : 2001-09-27
Category : Law
ISBN : 9780195145427

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Designing Democracy by Cass R. Sunstein,Robert Walmsley University Professor Cass R Sunstein Pdf

A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.

One Case at a Time

Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 310 pages
File Size : 48,7 Mb
Release : 2001
Category : Law
ISBN : 0674005791

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One Case at a Time by Cass R. Sunstein Pdf

One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.

Saying what the Law is

Author : Charles Fried
Publisher : Harvard University Press
Page : 340 pages
File Size : 51,9 Mb
Release : 2005
Category : Law
ISBN : 0674019547

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Saying what the Law is by Charles Fried Pdf

Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.

Europe's Functional Constitution

Author : Turkuler Isiksel
Publisher : Oxford University Press
Page : 305 pages
File Size : 46,7 Mb
Release : 2016
Category : Law
ISBN : 9780198759072

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Europe's Functional Constitution by Turkuler Isiksel Pdf

Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

Canada's Indigenous Constitution

Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 40,9 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9781442610385

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Canada's Indigenous Constitution by John Borrows Pdf

With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.

Taking the Constitution Seriously

Author : Walter Berns
Publisher : Unknown
Page : 292 pages
File Size : 51,8 Mb
Release : 1991
Category : Constitutional history
ISBN : UCSC:32106010590336

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Taking the Constitution Seriously by Walter Berns Pdf

The seven formidable essays that make up this new analysis explore the Constitution and its central place in the development of the first nation to be built on the foundation of the rights of man. Of particular interest is Berns's view of minorities under the Constitution. Overall, the book will be well received by serious students of the American political experience, but others might find it difficult going.

The Madisonian Constitution

Author : George Thomas
Publisher : JHU Press
Page : 263 pages
File Size : 42,7 Mb
Release : 2008-06-18
Category : History
ISBN : 9780801888526

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The Madisonian Constitution by George Thomas Pdf

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Law and Leviathan

Author : Cass R. Sunstein,Adrian Vermeule
Publisher : Harvard University Press
Page : 209 pages
File Size : 52,9 Mb
Release : 2020-09-15
Category : Law
ISBN : 9780674247536

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Law and Leviathan by Cass R. Sunstein,Adrian Vermeule Pdf

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Equal Citizenship, Civil Rights, and the Constitution

Author : Christopher Green
Publisher : Routledge
Page : 230 pages
File Size : 41,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781317539407

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Equal Citizenship, Civil Rights, and the Constitution by Christopher Green Pdf

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

What Roe V. Wade Should Have Said

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 49,5 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824489

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What Roe V. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

The Evangelical Origins of the Living Constitution

Author : John W. Compton
Publisher : Harvard University Press
Page : 272 pages
File Size : 42,9 Mb
Release : 2014-03-10
Category : Political Science
ISBN : 9780674419889

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The Evangelical Origins of the Living Constitution by John W. Compton Pdf

John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.

Too Young to Run?

Author : John Seery
Publisher : Penn State Press
Page : 202 pages
File Size : 54,8 Mb
Release : 2015-09-10
Category : Political Science
ISBN : 9780271056807

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Too Young to Run? by John Seery Pdf

Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections. In a historical chapter, he traces the way in which the age qualifications became incorporated in the Constitution in the first place. In a theoretical chapter, he analyzes the normative arguments for office eligibility as a democratic right and liberty. And in a political chapter, he ruminates about the real-world consequences of passing such an amendment and the prospects for its passage. Finally, in a postscript, he argues that younger citizens in particular ought to be exposed to this fundamental issue in civics.

The Flexible Constitution

Author : Sean Wilson
Publisher : Rowman & Littlefield
Page : 237 pages
File Size : 51,7 Mb
Release : 2013
Category : Law
ISBN : 9780739178157

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The Flexible Constitution by Sean Wilson Pdf

This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...

Interpreting the Bible and the Constitution

Author : Jaroslav Pelikan
Publisher : Yale University Press
Page : 230 pages
File Size : 52,7 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300130768

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Interpreting the Bible and the Constitution by Jaroslav Pelikan Pdf

Both the Bible and the Constitution have the status of “Great Code,” but each of these important texts is controversial as well as enigmatic. They are asked to speak to situations that their authors could not have anticipated on their own. In this book, one of our greatest religious historians brings his vast knowledge of the history of biblical interpretation to bear on the question of constitutional interpretation. Jaroslav Pelikan compares the methods by which the official interpreters of the Bible and the Constitution—the Christian Church and the Supreme Court, respectively—have approached the necessity of interpreting, and reinterpreting, their important texts. In spite of obvious differences, both texts require close, word-by-word exegesis, an awareness of opinions that have gone before, and a willingness to ask new questions of old codes, Pelikan observes. He probes for answers to the question of what makes something authentically “constitutional” or “biblical,” and he demonstrates how an understanding of either biblical interpretation or constitutional interpretation can illuminate the other in important ways.