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Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300268483
Category : Law
Languages : en
Pages : 265
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Book Description
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300268483
Category : Law
Languages : en
Pages : 265
Get Book Here
Book Description
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Author: Thomas E. Mann
Publisher: Basic Books
ISBN: 0465096735
Category : Political Science
Languages : en
Pages : 273
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Book Description
Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.
Author: Everest Media,
Publisher: Everest Media LLC
ISBN:
Category : Philosophy
Languages : en
Pages : 32
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Book Description
Please note: This is a companion version & not the original book. Sample Book Insights: #1 The United States Senate rejected the appointment of Judge Robert Bork to be the next Supreme Court justice by a vote of forty-two in favor and fifty-eight against. He was one of the most qualified nominees in American history. #2 Robert Bork was a highly qualified Supreme Court justice, but his conservative ideology was seen as too much of a risk. #3 Robert Bork was one of the most qualified Supreme Court justices in American history, but his conservative ideology was seen as too much of a risk. #4 In what would become an all-too-typical display of political hypocrisy, Senate Republicans in 2020 rushed through the confirmation hearings for Amy Coney Barrett, a federal court of appeals judge who had been President Donald Trump’s nominee to replace Justice Ruth Bader Ginsburg, who had died in September 2020.
Author: Lily Anderson
Publisher: Macmillan
ISBN: 1250079098
Category : Juvenile Fiction
Languages : en
Pages : 352
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Book Description
After years of competing against each other, Trixie and Ben form a fandom-based tentative friendship when their best friends start dating each other, but after Trixie's friend gets expelled for cheating they have to choose which side they are on.
Author: Sam Pink
Publisher:
ISBN: 9781621050247
Category :
Languages : en
Pages : 0
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Book Description
Why is it that we're always afraid of our ankles getting grabbed by a hand coming out of the gutter? And why will our lives be completely fulfilled when we look down one day and notice we're wearing underwear made out of a brown paper bag? Thankfully, you don't have to think about any of that because in his second collection of poetry, Sam Pink has done the work for you. You will see a crowd of people in your head and the crowd will point at you and say, "Ewww." You will hang yourself from the ceiling with a hook though your bottom jaw. You will feel at home eating your own heart off a commemorative plate featuring a picture of your corpse. You won't learn anything except that, "No one can do anything to you that's worse than what you're already thought to yourself. No one can do anything worse to you than the things you've already done. No one can do anything worse to you than you can."
Author: John Matteson
Publisher: W. W. Norton & Company
ISBN: 0393247082
Category : History
Languages : en
Pages : 528
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Book Description
Pulitzer Prize–winning author John Matteson illuminates three harrowing months of the Civil War and their enduring legacy for America. December 1862 drove the United States toward a breaking point. The Battle of Fredericksburg shattered Union forces and Northern confidence. As Abraham Lincoln’s government threatened to fracture, this critical moment also tested five extraordinary individuals whose lives reflect the soul of a nation. The changes they underwent led to profound repercussions in the country’s law, literature, politics, and popular mythology. Taken together, their stories offer a striking restatement of what it means to be American. Guided by patriotism, driven by desire, all five moved toward singular destinies. A young Harvard intellectual steeped in courageous ideals, Oliver Wendell Holmes Jr. confronted grave challenges to his concept of duty. The one-eyed army chaplain Arthur Fuller pitted his frail body against the evils of slavery. Walt Whitman, a gay Brooklyn poet condemned by the guardians of propriety, and Louisa May Alcott, a struggling writer seeking an authentic voice and her father’s admiration, tended soldiers’ wracked bodies as nurses. On the other side of the national schism, John Pelham, a West Point cadet from Alabama, achieved a unique excellence in artillery tactics as he served a doomed and misbegotten cause. A Worse Place Than Hell brings together the prodigious forces of war with the intimacy of individual lives. Matteson interweaves the historic and the personal in a work as beautiful as it is powerful.
Author: Daniel Jonah Goldhagen
Publisher: PublicAffairs
ISBN: 0786746564
Category : Political Science
Languages : en
Pages : 673
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Book Description
Daniel Jonah Goldhagen's books are events. They stir passionate public debate among political and civic leaders, scholars, and the general public because they compel people to rethink the most powerful conventional wisdoms and stubborn moral problems of the day. Worse Than War gets to the heart of the phenomenon, genocide, that has caused more deaths in the modern world than military conflict. In doing so, it challenges fundamental things we thought we knew about human beings, society, and politics. Drawing on extensive field work and research from around the world, Goldhagen explores the anatomy of genocide -- explaining why genocides begin, are sustained, and end; why societies support them, why they happen so frequently and how the international community should and can successfully stop them. As a great book should, Worse than War seeks to change the way we think and to offer new possibilities for a better world. It tells us how we might at last begin to eradicate this greatest scourge of humankind.
Author: Erwin Chemerinsky
Publisher: Liveright Publishing
ISBN: 1631496522
Category : Law
Languages : en
Pages : 344
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Book Description
An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Author: Saji Ijiyemi
Publisher: Mastars Media
ISBN: 0983954100
Category : Business & Economics
Languages : en
Pages : 107
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Book Description
Don’t Die Sitting tells the story of four outcasts who confront death and risk their lives to save their city from military assault. Having been banished from the city because of their disability, they become homeless people living outside the city gate. But when food becomes scarce in the region, they have to decide if they should go back to the city that expelled them, stay homeless until they die, or explore their future in spite of its unforeseen dangers. They are are rejected, they are hungry, they are sick, but they are determined not to die—sitting. Their faith will challenge you, their courage will fire you up, and their story will show you how you too can: - Handle life’s challenges and keep moving despite the obstacles - Take calculated risks and seize your defining moment - Make great choices amidst conflicting opportunities - Start living your best life now—tomorrow might be too late For anyone aspiring to live a legacy and leave a legacy, this book is a must-read.
Author: Jennifer L. Holm
Publisher: Simon and Schuster
ISBN: 1442436700
Category : Juvenile Fiction
Languages : en
Pages : 128
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Book Description
Ginny has ten items on her big to-do list for seventh grade. None of them, however, include accidentally turning her hair pink. Or getting sent to detention for throwing frogs in class. Or losing the lead role in the ballet recital to her ex-best friend. Or the thousand other things that can go wrong between September and June. But it looks like it’s shaping up to be that kind of a year! As readers follow Ginny throughout the story of her year, told entirely through her stuff—notes from classmates, school reports, emails, poems, receipts, and cartoons from her perpetually-in-trouble older brother Harry—a portrait emerges of a funny, loveable, thoughtful girl struggling to be herself…whoever that person turns out to be.
