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Author: Robert A. Burt Publisher: Harvard University Press ISBN: 9780674165366 Category : Law Languages : en Pages : 492
Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author: Robert A. Burt Publisher: Harvard University Press ISBN: 9780674165366 Category : Law Languages : en Pages : 492
Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author: Noah Feldman Publisher: Farrar, Straus and Giroux ISBN: 0374720878 Category : History Languages : en Pages : 236
Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author: Kent Greenawalt Publisher: Harvard University Press ISBN: 0674978005 Category : Law Languages : en Pages : 304
Book Description
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
Author: Julie Mertus Publisher: US Institute of Peace Press ISBN: 9781929223770 Category : Political Science Languages : en Pages : 586
Book Description
'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.
Author: Morgan Marietta Publisher: ISBN: 9780415843799 Category : Constitutional law Languages : en Pages : 0
Book Description
The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting.
Author: Peter Hay Publisher: ISBN: 9781634593083 Category : Conflict of laws Languages : en Pages : 0
Book Description
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author: Louis Fisher Publisher: ISBN: Category : Law Languages : en Pages : 352
Book Description
A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.
Author: Dr Laurie Nathan Publisher: Ashgate Publishing, Ltd. ISBN: 1409476677 Category : Political Science Languages : en Pages : 208
Book Description
Exploring the formation, evolution and effectiveness of the regional security arrangements of the Southern African Development Community (SADC), Nathan examines a number of vital and troubling questions: ∗ why has SADC struggled to establish a viable security regime? ∗ why has it been unable to engage in successful peacemaking?, and ∗ why has it defied the optimistic prognosis in the early 1990s that it would build a security community in Southern Africa? He argues that the answers to these questions lie in the absence of common values among member states, the weakness of these states and their unwillingness to surrender sovereignty to the regional organization. Paradoxically, the challenge of building a co-operative security regime lies more at the national level than at the regional level. The author's perspective is based on a unique mix of insider access, analytical rigour and accessible theory.
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: Robert A. Burt
Author: Robert A. Burt
Author: Mariah Ananda Zeisberg
Author: Noah Feldman
Author: Kent Greenawalt
Author: Julie Mertus
Author: Morgan Marietta
Author: Peter Hay
Author: Louis Fisher
Author: Dr Laurie Nathan
Author: Jamal Greene