A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union PDF Download
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Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1172
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Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1172
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Book Description
Author: Thomas McIntyre Cooley
Publisher: Sagwan Press
ISBN: 9781377144481
Category :
Languages : en
Pages : 778
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Christopher Gustavus Tiedeman
Publisher:
ISBN:
Category : Police power
Languages : en
Pages : 722
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Book Description
Author: Howard Jay Graham
Publisher: Wisconsin Historical Society
ISBN: 0870206354
Category : Law
Languages : en
Pages : 646
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Book Description
In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
Author: Laurence Tribe
Publisher: Macmillan
ISBN: 0805099093
Category : Law
Languages : en
Pages : 416
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Book Description
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 426
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Book Description
Author: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432
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Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author: Laurence H. Tribe
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1900
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Book Description
Approaches to Constitutional Analysis; Model I: Model of Separated and Divided Powers; Federal Judicial Power; Federal Executive Power; Federal Legislative Power; Federalism-Based Limits on State and Local Power; Direct Protection of Individuals and Groups; Model II: The Model of Implied Limitations on Government; Model III: Model of Settled Expectations; Model IV: Model of Regularity; Model V: Model of Preferred Rights; Rights of Communication and Expression; Rights of Political Participation; Rights of Religious Autonomy; Rights of Privacy and Personhood; Model VI: The Model of Equal Protection; Model VII: Toward a Model of Structural Justice?; Problem of State Action.
Author: Joseph Story
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 800
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Book Description
Author: James M. Wagstaffe
Publisher:
ISBN: 9781522115922
Category : Civil procedure
Languages : en
Pages :
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