Author: United States. Supreme CourtPublisher:
ISBN:
Category : Executive power
Languages : en
Pages : 324
Book Description
Power of the President to Remove Federal Officers
Author: United States. Supreme CourtPublisher:
ISBN:
Category : Executive power
Languages : en
Pages : 324
Book Description
A Matter of Interpretation
Author: Antonin ScaliaPublisher: Princeton University Press
ISBN: 0691174040
Category : Law
Languages : en
Pages : 197
Book Description
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Creating the Administrative Constitution
Author: Jerry L. MashawPublisher: Yale University Press
ISBN: 030018347X
Category : Law
Languages : en
Pages : 420
Book Description
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
The Unitary Executive
Author: Steven G. CalabresiPublisher:
ISBN: 9780300121261
Category : Executive power
Languages : en
Pages : 0
Book Description
This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.
Catalogue of the Public Documents of the [the Fifty-third] Congress [to the 76th Congress] and of All Departments of the Government of the United States
![Catalogue of the Public Documents of the [the Fifty-third] Congress [to the 76th Congress] and of All Departments of the Government of the United States PDF](https://books.google.com/books/content/images/frontcover/4z1krxa0fKoC?fife=w80-h100)
Author: United States. Superintendent of DocumentsPublisher:
ISBN:
Category : Government publications
Languages : en
Pages : 2476
Book Description
Catalogue of the Public Documents of the ... Congress and of All Departments of the Government of the United States for the Period from ... to ...
Author: United States. Superintendent of DocumentsPublisher:
ISBN:
Category : Government publications
Languages : en
Pages : 2476
Book Description
Book Bulletin
Author: Chicago Public LibraryPublisher:
ISBN:
Category :
Languages : en
Pages : 652
Book Description
Index to the Subjects of the Documents and Reports and to the Committees, Senators, and Representatives Presenting Them
Author: Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 216
Book Description
Index to the Reports and Documents of the ... Congress ... with Numerical Lists and Schedule of Volumes
Author: Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 216
Book Description
Author: