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Author: John D. Feerick
Publisher: Fordham Univ Press
ISBN: 0823252000
Category : History
Languages : en
Pages : 449
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Book Description
Undisputed as the most important synthetic work on the Twenty-Fifth Amendment, this revised edition provides the latest in legal thought regarding presidential succession. This new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability in general. In its formulation, the Twenty-fifth Amendment was criticized as vague and undemocratic, but it has made possible swift and orderly successions to the highest offices in the U.S. government during some of the most extraordinary events in American history. The extent of its authority has been tested over the years: During the Watergate crisis, it was proposed that the Amendment might afford a means by which a president could transfer presidential power during an impeachment proceeding, and it was also suggested that the Amendment could authorize a vice president and cabinet to suspend a president during a Senate impeachment trial. Where once presidential disability was stigmatized, today a president under general anesthesia cedes presidential authority for the length of the procedure with little controversy. The Twenty-fifth Amendment is evolving rapidly, and this book is an invaluable guide for legal scholars, government decision makers, historians, political scientists, teachers, and students studying the nation's highest offices.
Author: John D. Feerick
Publisher: Fordham Univ Press
ISBN: 0823252000
Category : History
Languages : en
Pages : 449
Get Book Here
Book Description
Undisputed as the most important synthetic work on the Twenty-Fifth Amendment, this revised edition provides the latest in legal thought regarding presidential succession. This new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability in general. In its formulation, the Twenty-fifth Amendment was criticized as vague and undemocratic, but it has made possible swift and orderly successions to the highest offices in the U.S. government during some of the most extraordinary events in American history. The extent of its authority has been tested over the years: During the Watergate crisis, it was proposed that the Amendment might afford a means by which a president could transfer presidential power during an impeachment proceeding, and it was also suggested that the Amendment could authorize a vice president and cabinet to suspend a president during a Senate impeachment trial. Where once presidential disability was stigmatized, today a president under general anesthesia cedes presidential authority for the length of the procedure with little controversy. The Twenty-fifth Amendment is evolving rapidly, and this book is an invaluable guide for legal scholars, government decision makers, historians, political scientists, teachers, and students studying the nation's highest offices.
Author: Kiersten Modglin
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 242
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Book Description
Ainsley Greenburg is a fixer. It's what she prides herself on. So, when she realizes her marriage is at its breaking point, she makes a decision to repair it, no matter the cost. Approaching her husband to propose the arrangement is supposed to be the hard part, but Peter agrees to the salacious plan almost immediately. The rules are simple: They will each date someone new once a week. They will never discuss what happens on the dates. Soon, though, the rules are broken, turning terrible mistakes into unspeakable consequences. When the only person they can count on to keep their darkest secret is each other, new questions and deceits surface. Can they truly trust the person they share a life with, or will the vicious lies that have mounted over the years destroy everything they've built? Once, Peter and Ainsley vowed to stand together forever, but as they push boundaries of deception, suspicion, and temptation, each begins to wonder if 'til death do us part may come sooner than they'd intended.
Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
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Book Description
Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674257766
Category : Law
Languages : en
Pages : 489
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Book Description
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author: Darren Patrick Guerra
Publisher: Lexington Books
ISBN: 0739183869
Category : Law
Languages : en
Pages : 253
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Book Description
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Author: Maya K. Van Rossum
Publisher:
ISBN: 9781633310216
Category : Environmental policy
Languages : en
Pages : 0
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Book Description
2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.
Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category : Law
Languages : en
Pages : 170
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Book Description
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Author: Allan J. Lichtman
Publisher: Macmillan + ORM
ISBN: 1250244412
Category : Political Science
Languages : en
Pages : 162
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Book Description
A radical case for the repeal of the 2nd Amendment as the only way to control gun violence in America There's an average of one mass shooting per day in the United States. Given the ineffectiveness of the gun control lobby, it's time for a strategy with spine. In Repeal the Second Amendment, Allan J. Lichtman has written the first book that uses history, legal theory and up-to-the-minute data to make a compelling case for the amendment’s repeal in order to create a clear road to sensible gun control in the US. Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA’s blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll. He probes court decisions and the effective lobbying and public relations strategies of the gun lobby as well as the ineffectiveness of the gun control movement for lessons in doing better. What emerges is a clear and cogent plan--repeal and replace the Second Amendment without taking guns away from anyone who has them now--to make the US a safer place. It's time to Repeal the Second Amendment, and Allan Lichtman is the man to bring this radical plan to America.
Author: Meghan J. Ryan
Publisher: Cambridge University Press
ISBN: 1108580289
Category : Law
Languages : en
Pages : 339
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Book Description
This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559
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Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
