Current Issues in Constitutional Litigation PDF Download

Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998

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Author: Louis Michael Seidman
Publisher:
ISBN: 9780195099805
Category : Constitutional law
Languages : en
Pages : 223

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Author: Michael Arnheim
Publisher: John Wiley & Sons
ISBN: 1119387299
Category : History
Languages : en
Pages : 455

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Book Description
Your complete guide to understanding the U.S. Constitution. Want to make sense of the U.S. Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents—and sparked ongoing debates along the way. You’ll get the lowdown on all the big issues—from separation of church and state to impeachment to civil rights—that continue to affect Americans' daily lives. Plus, you’ll find out about U.S. Constitution concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years. Inside, you’ll find fresh examples of Supreme Court Rulings such as same sex marriage and Healthcare Acts such as Obamacare. Explore hot topics like what it takes to be elected Commander in Chief, the functions of the House and Senate, how Supreme Court justices are appointed, and so much more. Trace the evolution of the Constitution Recognize the power of the U.S. Supreme Court Get details on recent Supreme Court decisions Find new examples of the Bill of Rights Constitutional issues are dominating the news—and now you can join the discussion with the help of U.S. Constitution For Dummies.

Author: Martin Joseph Wade
Publisher:
ISBN:
Category :
Languages : en
Pages : 268

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Author: Mark Tushnet
Publisher: Duke University Press
ISBN: 0822386909
Category : Law
Languages : en
Pages : 273

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Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule

Author: Vikram Amar
Publisher: Oxford University Press
ISBN: 0195328116
Category : Law
Languages : en
Pages : 255

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The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.

Author: Mary Anne Franks
Publisher: Stanford University Press
ISBN: 1503609103
Category : Political Science
Languages : en
Pages : 310

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“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Author: Catherine J. Ross
Publisher: University of Pennsylvania Press
ISBN: 0812253256
Category : Political Science
Languages : en
Pages : 184

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Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.

Author: Nicholas Papaspyrou
Publisher: Bloomsbury Publishing
ISBN: 1509917187
Category : Law
Languages : en
Pages : 299

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Book Description
US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.

Author: Larry Alexander
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 192

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Book Description
Alexander and Horton have attempted to untangle one of the most difficult and potentially far-reaching questions in constitutional law: at what point does constitutional law leave off and `plain old law' remain to occupy the US legal system's field of play? In addressing this question the authors take on two of the most murky concepts in constitutional law, `state action; and `under color of law.' In their attempt to make sense of these notions they develop models that potentially could provide coherent, principled answers to the problems created by the Supreme Court in its decisions in this area. . . . This work, the first monographic treatment of this question, is written purposely at a fairly high level of abstraction and is clearly intended for advanced students and judicial decision makers. Recommended for advanced students. Choice Despite the guidelines provided in the Constitution, many fundamental constitutional issues remain open to debate after two centuries. One of the thorniest centers on the division of authority. Who is actually mandated by the U.S. Constitution to carry out the duties it imposes? Alexander and Horton address this question by developing several models of constitutional interpretation and applying them to state action, under color of law, and other complex doctrines in constitutional jurisprudence that have been created to deal with problems of distinguishing unconstitutional from merely illegal authority. Presenting three basic analytical models--legalist, naturalist, and governmental--together with several possible permutations, the authors clarify the assumptions underlying these current doctrinal tangles and illuminate many conflicts and inner inconsistencies of modern constitutional law. They examine the implications of each model in terms of its application to relevant court precedent and the way it would deal with specific constitutional provisions such as the Thirteenth and Fourth Amendments and the Commerce Clause. The authors conclude that only two of the possible models can be considered to be principled.