This Constitution... Shall Be the Supreme Law of the Land

This Constitution... Shall Be the Supreme Law of the Land PDF Author: David Loy Mauch
Publisher: CreateSpace
ISBN: 9781497317413
Category : Political Science
Languages : en
Pages : 400

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Book Description
If the original Constitution formed a system of law with a limited central government, then how did the United States get so offtrack? That's the argument presented by David Loy Mauch, who claims that the government originally established by the United States' founding fathers isn't what we have now. And in his bookThis Constitution...shall be the supreme Law of the Land, Mauch contends that events during and after the Civil War led to the false interpretation of US law still at work today—that the federal government trumps state rights. This provocative educational guide looks back to before the Constitution was signed, giving a history of how America's two-party system came to be, and goes on to propose that the Civil War was actually an illegal war fought against the thirteen southern states inaugurated by Abraham Lincoln, a president with Socialist/Communist sympathies. While historical, Mauch's book also sheds light on events shaping current political discourse, outlining how the Constitution remains distorted and suggesting what we can do as a nation to get it back on track. Rediscover the original law documents that formed our great nation, and reclaim the America our forefathers imagined.

This Constitution... Shall Be the Supreme Law of the Land

This Constitution... Shall Be the Supreme Law of the Land PDF Author: David Loy Mauch
Publisher: CreateSpace
ISBN: 9781497317413
Category : Political Science
Languages : en
Pages : 400

Get Book Here

Book Description
If the original Constitution formed a system of law with a limited central government, then how did the United States get so offtrack? That's the argument presented by David Loy Mauch, who claims that the government originally established by the United States' founding fathers isn't what we have now. And in his bookThis Constitution...shall be the supreme Law of the Land, Mauch contends that events during and after the Civil War led to the false interpretation of US law still at work today—that the federal government trumps state rights. This provocative educational guide looks back to before the Constitution was signed, giving a history of how America's two-party system came to be, and goes on to propose that the Civil War was actually an illegal war fought against the thirteen southern states inaugurated by Abraham Lincoln, a president with Socialist/Communist sympathies. While historical, Mauch's book also sheds light on events shaping current political discourse, outlining how the Constitution remains distorted and suggesting what we can do as a nation to get it back on track. Rediscover the original law documents that formed our great nation, and reclaim the America our forefathers imagined.

The Heritage Guide to the Constitution

The Heritage Guide to the Constitution PDF Author: David F. Forte
Publisher: Simon and Schuster
ISBN: 1621573524
Category : Political Science
Languages : en
Pages : 644

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Book Description
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Law of Nations and the United States Constitution

The Law of Nations and the United States Constitution PDF Author: Anthony J. Bellia (Jr)
Publisher: Oxford University Press
ISBN: 019984125X
Category : Law
Languages : en
Pages : 321

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Book Description
The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states

Supreme Law of the Land?

Supreme Law of the Land? PDF Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 1108546269
Category : Law
Languages : en
Pages : 517

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Book Description
How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

Understanding the Constitution

Understanding the Constitution PDF Author: David C. Gibbs III
Publisher: Gibbs Law Firm
ISBN: 0989815501
Category : Law
Languages : en
Pages : 140

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Book Description
Little by little, the freedoms envisioned by our Founding Fathers and those who struggled for independence are being stripped away. The best guarantee that America's constitutional liberties will continue to be protected is to ensure that all citizens, and especially our children, clearly understand both what those freedoms are and who it is that gave them to us in the first place. This book explains: · The biblical basis upon which America was founded · The influence of Sir William Blackstone and English common law on America’s legal system · The miracle that happened at the Constitutional Convention · The U.S. Constitution, including all the amendments, as well as several popular amendments that failed to be ratified · The methods that have been used to vastly expand the federal government’s power since the Constitution’s drafting. It also examines why John Adams, the second President of the United States, would write what he did in 1798, "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." The book is a response to the challenge from one of our nation’s great modern presidents, President Ronald Reagan, issued on October 27, 1964: "You and I have a rendezvous with destiny. We will preserve for our children this, the last best hope of man on earth, or we will sentence them to take the first step into a thousand years of darkness. If we fail, at least let our children and our children's children say of us we justified our brief moment here. We did all that could be done." Don’t miss the companion Study Guide for Understanding the Constitution. Available at: www.NCLL.org

The Constitution, Shall it Remain the Supreme Law of the Land?

The Constitution, Shall it Remain the Supreme Law of the Land? PDF Author: Walter H. Newton
Publisher:
ISBN:
Category : Campaign literature
Languages : en
Pages : 14

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Book Description


Our Constitution

Our Constitution PDF Author: Donald A. Ritchie
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 264

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Book Description
WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?

The Law of the Land

The Law of the Land PDF Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465065902
Category : Law
Languages : en
Pages : 371

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Book Description
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.

Originalism and the Good Constitution

Originalism and the Good Constitution PDF Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 067472626X
Category : Law
Languages : en
Pages : 309

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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF 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.