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Author: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
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Author: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084
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Book Description
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?
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 836
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Author: Gary Lawson
Publisher: Cambridge University Press
ISBN: 1139489844
Category : Law
Languages : en
Pages : 191
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Book Description
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Author: Gary Lawson
Publisher: University Press of Kansas
ISBN: 0700624252
Category : Political Science
Languages : en
Pages : 228
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Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Author: United States
Publisher: Government Printing Office
ISBN: 9780160917356
Category : Political Science
Languages : en
Pages : 2818
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Book Description
Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1054
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 102
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Author: Marion Clawson
Publisher: Johns Hopkins University Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 190
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