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Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Get Book Here
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Vicki C. Jackson
Publisher: Cambridge University Press
ISBN: 1009178105
Category : Law
Languages : en
Pages : 281
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Book Description
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Author: Robert A. Levy
Publisher: Cato Institute
ISBN: 1935308327
Category : Law
Languages : en
Pages : 338
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Book Description
Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
Author: United States. Department of the Treasury
Publisher:
ISBN:
Category : Manufactures
Languages : en
Pages : 100
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Book Description
Author: Lawrence S. Wittner
Publisher: Stanford University Press
ISBN: 0804771243
Category : History
Languages : en
Pages : 384
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Book Description
Confronting the Bomb tells the dramatic, inspiring story of how citizen activism helped curb the nuclear arms race and prevent nuclear war. This abbreviated version of Lawrence Wittner's award-winning trilogy, The Struggle Against the Bomb, shows how a worldwide, grassroots campaign—the largest social movement of modern times—challenged the nuclear priorities of the great powers and, ultimately, thwarted their nuclear ambitions. Based on massive research in the files of peace and disarmament organizations and in formerly top secret government records, extensive interviews with antinuclear activists and government officials, and memoirs and other published materials, Confronting the Bomb opens a unique window on one of the most important issues of the modern era: survival in the nuclear age. It covers the entire period of significant opposition to the bomb, from the final stages of the Second World War up to the present. Along the way, it provides fascinating glimpses of the interaction of key nuclear disarmament activists and policymakers, including Albert Einstein, Harry Truman, Albert Schweitzer, Norman Cousins, Nikita Khrushchev, Bertrand Russell, Andrei Sakharov, Linus Pauling, Dwight Eisenhower, Harold Macmillan, John F. Kennedy, Randy Forsberg, Mikhail Gorbachev, Helen Caldicott, E.P. Thompson, and Ronald Reagan. Overall, however, it is a story of popular mobilization and its effectiveness.
Author: Joseph Story
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 800
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Book Description
Author: Douglas J. Amy
Publisher: Dog Ear Publishing
ISBN: 1457506580
Category : Democracy
Languages : en
Pages : 320
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Book Description
Why a book defending government? Because for decades, right-wing forces in this country have engaged in a relentless and irresponsible campaign of vicious government bashing. Conservatives and libertarians have demonized government, attacked basic safety net programs like Medicare, and undermined vital regulations that protect consumers, investors, workers, and the environment. This book takes on this anti-government movement and shows that most of its criticisms of this institution are highly exaggerated, misleading, or just plain wrong. In reality, American government - despite its flaws - plays a valuable and indispensable role in promoting the public good. Most government programs are working well and are actually improving the lives of Americans in innumerable ways. Democratic government is a vital tool for making our world a better place; and if we want an America that is prosperous, healthy, secure, well-educated, just, compassionate, and unpolluted, we need a strong, active, and well-funded public sector. Part I: Why Government is Good. The section of the book describes how government acts as a force for good in society. One chapter chronicles a day in the life of an average middle-class American and identifies the myriad ways that government programs improve our lives. Other chapters describe the forgotten achievements of government; how government is the only way to effectively promote public values like justice and equality; and how a free market economy would be impossible without the elaborate legal and regulatory infrastructure provided by government. Part II: The War on Government. This section of the book chronicles the unrelenting assault on government being waged by conservative forces in this country. Chapters describe how cuts in social programs and rollbacks of regulations have harmed the health, safety, and welfare of millions of Americans and how these assaults have taken place on many fronts - in Congress, the administrative branch, and the federal courts, as well as on the state and local level. Also addressed: how the right's radical anti-government agenda is out of touch with the views and priorities of most Americans, and what the real truth is about government deficits. Part III: How to Revitalize Democracy and Government. There are, in fact, some problems with American government, and we need to address these if we are to restore Americans' faith in this institution. One of the main problems with our government is that it is not accountable and responsive enough to the public. Moneyed special interests too often win out over the public interest. Chapters in this section describe this problem and how we can fix it. There are several reforms - including public financing of elections - that could help our government live up to its democratic ideals. The final chapter discusses strategies for building a pro-government coalition in this country.
Author: Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0197582184
Category : Law
Languages : en
Pages : 497
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Book Description
In Who Decides, Jeffrey S. Sutton makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in establishing the structure of our 51 American governments. An underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting liberty. Sutton aims to correct this imbalance and to illustrate the virtues of federalism for all Americans and for all pressing matters of government.
Author: Alan S. Gerber
Publisher: Rowman & Littlefield
ISBN: 0815731221
Category : Political Science
Languages : en
Pages : 354
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Book Description
The U.S. Constitution calls on the government to "promote the general welfare." In this provocative and innovative book, a distinguished roster of political scientists and economists evaluates its ability to carry out this task. The first section of the book analyzes government performance in the areas of health, transportation, housing, and education, suggesting why suboptimal policies often prevail. The second set of chapters examines two novel and sometimes controversial tools that can be used to improve policy design: information markets and laboratory experiments. Finally, the third part of the book asks how three key institutions—Congress, the party system, and federalism—affect government's ability to solve important social problems. These chapters also raise the disturbing possibility that recent political developments have contributed to a decline in governmental problem-solving activity. Taken together, the essays in this volume suggest that opportunities to promote the common good are frequently missed in modern American government. But the book also carries a more hopeful message. By identifying possible solutions to the problems created by weak incentives, poor information, and inadequate institutional capacity, Promoting the General Welfare shows how government performance can be improved. Contributors include Eugene Bardach (University of California-Berkeley), Sarah Binder (Brookings Institution and George Washington University), Morris P. Fiorina (Stanford University), Jay P. Greene (University of Arkansas), Robin Hanson (George Mason University), Charles A. Holt (University of Virginia), David R. Mayhew (Yale University), Edgar O. Olsen (University of Virginia), Mark Carl Rom (Georgetown University), Roberta Romano (Yale Law School), William M. Shobe (University of Virginia), Angela M. Smith (University of Virginia), Aidan R. Vining (Simon Fraser University), David L. Weimer (University of Wisconsin-Madison), and Clifford Winston (Brook
