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Author: Richard M. Fulton Publisher: University of Missouri Press ISBN: 0826219039 Category : History Languages : en Pages : 177
Book Description
This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.
Author: Richard M. Fulton Publisher: University of Missouri Press ISBN: 0826219039 Category : History Languages : en Pages : 177
Book Description
This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.
Author: Jack M. Balkin Publisher: Oxford University Press, USA ISBN: 0197530990 Category : Law Languages : en Pages : 257
Book Description
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Richard M. Fulton
Author: Richard M. Fulton
Author: Missouri. Office of the Secretary of State
Author: Missouri. Constitutional Convention
Author: Missouri. Constitutional Convention
Author: Jack M. Balkin
Author: Missouri. Constitutional Convention
Author: Missouri. Constitutional Convention
Author: 
Author: Goodwin Liu
Author: Missouri. General Assembly. Senate