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Author: Robert F. Nagel Publisher: Oxford University Press, USA ISBN: 0195106628 Category : Law Languages : en Pages : 199
Book Description
This book examines judicial power as an integral part of our increasingly anxious and intolerant society. Nagel shows how constitutional politics embodies cultural tendencies toward moral evasiveness, privatization, and opportunism, and that judicial decisions often censor important beliefs and traditions. Ranging widely over topics such as Clarence Thomas' confirmation, abortion, flag-burning, and gay rights, the analysis crosses conventional political and philosophical lines to conclude that the real protection for legal values lies in robust politics.
Author: Robert F. Nagel Publisher: Oxford University Press, USA ISBN: 0195106628 Category : Law Languages : en Pages : 199
Book Description
This book examines judicial power as an integral part of our increasingly anxious and intolerant society. Nagel shows how constitutional politics embodies cultural tendencies toward moral evasiveness, privatization, and opportunism, and that judicial decisions often censor important beliefs and traditions. Ranging widely over topics such as Clarence Thomas' confirmation, abortion, flag-burning, and gay rights, the analysis crosses conventional political and philosophical lines to conclude that the real protection for legal values lies in robust politics.
Author: Charles F. Hobson Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Jamal Greene Publisher: Houghton Mifflin ISBN: 1328518116 Category : Law Languages : en Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 420
Book Description
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: Joel Richard Paul Publisher: Penguin ISBN: 0525533281 Category : Biography & Autobiography Languages : en Pages : 514
Book Description
From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
Author: Jeffrey K. Staton Publisher: Cambridge University Press ISBN: 0521195217 Category : Business & Economics Languages : en Pages : 237
Book Description
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
Author: David G. Savage Publisher: ISBN: 9781568027449 Category : Law Languages : en Pages : 0
Book Description
Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --
Author: Robert F. Nagel
Author: Robert F. Nagel
Author: Charles F. Hobson
Author: Jamal Greene
Author: Alexander Hamilton
Author: Joel Richard Paul
Author: John Adams
Author: American Bar Association
Author: Jeffrey K. Staton
Author: Judicial Conference of the United States
Author: David G. Savage