Author: Charles Austin Beard
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 144

View

Book Description

Author: René Brunet
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 360

View

Book Description

Author: Richard Beeman
Publisher: Penguin
ISBN: 1101603712
Category : Political Science
Languages : en
Pages : 178

View

Book Description
A selection of the landmark Supreme Court decisions that have shaped American society Penguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues. The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of religion and civil liberties. Feinman offers commentary on each case and excerpts from the opinions of the Justices that show the range of debate in the Supreme Court and its importance to civil society. Among the cases included will be Marbury v. Madison, on the supremacy of the Constitution and the power of judicial review; U.S. v. Nixon, on separation of powers; and Hamdi v. Rumsfeld, a post-9/11 case on presidential power and due process.

Author: Richard Beeman
Publisher: Penguin
ISBN: 0143121960
Category : Political Science
Languages : en
Pages : 178

View

Book Description
What is the President, Congress, and the Supreme Court really allowed to do? This unique and handy guide includes the documents that guide our government, annotated with accessible explanations from one of America's most esteemed constitutional scholars. In one portable volume, with accessible annotations and modernizing commentary throughout, Richard Beeman presents The Declaration of Independence and the United States Constitution. Beeman has created a fascinating apparatus for understanding the most important document in American history—and why it’s as central in the America of today as it was in creation of the country. Penguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life to create a timely and informative mini-library of perennially vital issues. Whether readers are encountering these classic writings for the first time, or brushing up in anticipation of the 50th anniversary of the Civil Rights Act, these slim volumes will serve as a powerful and illuminating resource for scholars, students, and civic-minded citizens.

Author: Andrew Coan
Publisher: Harvard University Press
ISBN: 0674986954
Category : Law
Languages : en
Pages : 281

View

Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Author: Richard A. Epstein
Publisher: Cato Institute
ISBN: 1933995297
Category : Political Science
Languages : en
Pages : 175

View

Book Description
How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

Author: Archibald Cox
Publisher:
ISBN:
Category : History
Languages : en
Pages : 456

View

Book Description
Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform,

Author: Frederic William Maitland
Publisher:
ISBN:
Category : Courts baron and courts leet
Languages : en
Pages : 284

View

Book Description

Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176

View

Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674727800
Category : Law
Languages : en
Pages : 889

View

Book Description
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic