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Author: Richard M. Fulton
Publisher: University of Missouri Press
ISBN: 0826219039
Category : History
Languages : en
Pages : 177
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Book Description
This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.
Author: Richard M. Fulton
Publisher: University of Missouri Press
ISBN: 0826219039
Category : History
Languages : en
Pages : 177
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Book Description
This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.
Author: Joseph Postell
Publisher: University of Missouri Press
ISBN: 0826273785
Category : Political Science
Languages : en
Pages : 416
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Book Description
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Author: Missouri. Office of the Secretary of State
Publisher:
ISBN:
Category : Executive departments
Languages : en
Pages : 1516
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Book Description
Author: Ellen M Kozak
Publisher: Simon and Schuster
ISBN: 1440525617
Category : Political Science
Languages : en
Pages : 289
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Book Description
Debates over constitutional rights impact you every day as an American citizen. But do you know what the U.S. Constitution actually says? This accessible guide contains the complete text of the Constitution, with short, descriptive margin notes throughout. Articles and amendments are then analyzed in depth to help you comprehend the basis of democracy. This valuable handbook covers: How the articles and amendments were drafted Insight into the intentions of the creators and the sources they used Controversial interpretations and Supreme Court decisions How the Constitution affects citizens every day The Declaration of Independence, the Articles of Confederation, and unratified Constitutional amendments This book walks you through the history of this essential document and shows how it has guided lawmakers and judges for more than 200 years. This unbiased look at the Constitution will help you feel confident in your knowledge of this all-important document, gain a firmer understanding of how our government works, and put context around today's most pressing issues.
Author: Greg Casey
Publisher:
ISBN: 9780393283273
Category : Political Science
Languages : en
Pages : 0
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Book Description
Contextual commentary guides readers through a carefully abridged version of the Missouri State Constitution.
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: Dennis K. Boman
Publisher: LSU Press
ISBN: 0807138258
Category : History
Languages : en
Pages : 373
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Book Description
During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
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Book Description
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author: Patrick M. Garry
Publisher: University of Missouri Press
ISBN: 082627272X
Category : Political Science
Languages : en
Pages : 210
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Book Description
Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
