Author: Julius L. SackmanPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
Book Description
Nichols on Eminent Domain
Author: Julius L. SackmanPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
Book Description
Cole V. United States of America
Author: Our Constitution
Author: Donald A. RitchiePublisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 264
Book Description
WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
Confirmation Hearing on Federal Appointments
Author: United States. Congress. Senate. Committee on the JudiciaryPublisher:
ISBN:
Category : Judges
Languages : en
Pages : 738
Book Description
The Origins of the Necessary and Proper Clause
Author: Gary LawsonPublisher: Cambridge University Press
ISBN: 1139489844
Category : Law
Languages : en
Pages : 191
Book Description
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Kentucky Law Journal
Author: “A Great Power of Attorney”
Author: Gary LawsonPublisher: University Press of Kansas
ISBN: 0700624252
Category : Political Science
Languages : en
Pages : 228
Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
The Constitution in Congress
Author: David P. CurriePublisher: University of Chicago Press
ISBN: 9780226131146
Category : Law
Languages : en
Pages : 356
Book Description
Thus the First Congress left us a rich legacy of arguments over the meaning of a variety of constitutional provisions, and the quality of those arguments was impressively high.
United States of America V. Frank
Author: Impasse in Bolivia
Author: Benjamin KohlPublisher: Zed Books
ISBN: 9781842777596
Category : Business & Economics
Languages : en
Pages : 260
Book Description
Presents a study of the obstacles encountered by neoliberalism and market democracy in Bolivia. This book explores the problems faced by governments in reproducing global strategies at the national level, the tensions between markets and democracy, state restructuring, citizenship and property rights.