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Author: Ken I. Kersch
Publisher: Cambridge University Press
ISBN: 9780521010559
Category : History
Languages : en
Pages : 404
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Book Description
This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.
Author: Ken I. Kersch
Publisher: Cambridge University Press
ISBN: 9780521010559
Category : History
Languages : en
Pages : 404
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Book Description
This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.
Author: Ken I. Kersch
Publisher:
ISBN: 9781107144330
Category : Civil rights
Languages : en
Pages : 402
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Book Description
This book is a revisionist account of the development of the Supreme Court's modern civil liberties and civil rights jurisprudence. It explains that jurisprudence is the outgrowth of a sequence of highly particular progressive-reformist ideological currents, that formed the modern American state.
Author: Ken I. Kersch
Publisher: Cambridge University Press
ISBN: 0521193109
Category : History
Languages : en
Pages : 431
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Book Description
Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Category : Law
Languages : en
Pages : 481
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Book Description
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Author: Justin Crowe
Publisher: Princeton University Press
ISBN: 0691152934
Category : Law
Languages : en
Pages : 312
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Book Description
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author: Mark Tushnet
Publisher: Oxford University Press
ISBN: 019024576X
Category : Law
Languages : en
Pages : 1110
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Book Description
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Author: Karen Orren
Publisher: Cambridge University Press
ISBN: 1107094666
Category : Law
Languages : en
Pages : 519
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Book Description
Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.
Author: George Thomas
Publisher: JHU Press
ISBN: 0801888522
Category : Biography & Autobiography
Languages : en
Pages : 263
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Book Description
Publisher Description
Author: Naomi Murakawa
Publisher: Oxford University Press, USA
ISBN: 0199892806
Category : Law
Languages : en
Pages : 281
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Book Description
In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.
Author: Francis Lieber
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages : 644
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Book Description
