A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union PDF Download
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Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1172
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Book Description
Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1172
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Book Description
Author: Franklin L. Kury
Publisher:
ISBN: 9781585762323
Category : Environmental law
Languages : en
Pages :
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Book Description
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution, which was enacted on Earth Day 1970 and ratified by Pennsylvania's voters a year later. In the half century since then, climate change has become the overriding threat to the environment of the planet. In this book, Franklin Kury expands upon the story of Article I, Section 27, to demonstrate how its principles can be the basis for addressing climate change in the rest of the world. The story concludes with a call for the federal government's leadership to seek a national environmental rights amendment to the U.S. Constitution and a treaty to expand its reach to the international community.
Author: N. W. Barber
Publisher: OUP Oxford
ISBN: 0191637254
Category : Law
Languages : en
Pages : 384
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Book Description
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.
Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
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Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author: Alan Cromartie
Publisher: Cambridge University Press
ISBN: 1139457519
Category : History
Languages : en
Pages : 18
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Book Description
An innovative account of English constitutional ideas from the mid-fifteenth century to the time of Charles I, showing how the emergence of grand claims for common law, the country's strange unwritten legal system, shaped England's cultural development. Though he does not neglect the role of narrowly religious disagreements, Cromartie brings out the way that 'religious' and 'secular' values came to be closely intertwined: to the majority of Charles's subjects, the rights of the clergy and the king were legal rights; the institutional structure of Church and state was an expression of monarchical power, obedience to the king and to the law was a religious duty. A proper understanding of this cluster of ideas reveals why Charles found England so difficult to control and why both parties in the civil war believed that they were fighting for established institutions.
Author: Jeffrey K. Tulis
Publisher: Princeton University Press
ISBN: 1400888360
Category : Political Science
Languages : en
Pages : 264
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Book Description
Modern presidents regularly appeal over the heads of Congress to the people at large to generate support for public policies. The Rhetorical Presidency makes the case that this development, born at the outset of the twentieth century, is the product of conscious political choices that fundamentally transformed the presidency and the meaning of American governance. Now with a new foreword by Russell Muirhead and a new afterword by the author, this landmark work probes political pathologies and analyzes the dilemmas of presidential statecraft. Extending a tradition of American political writing that begins with The Federalist and continues with Woodrow Wilson’s Congressional Government, The Rhetorical Presidency remains a pivotal work in its field.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
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Book Description
A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315
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Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author: Jon D. Michaels
Publisher: Harvard University Press
ISBN: 0674737733
Category : Business & Economics
Languages : en
Pages : 321
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Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Author: George Anastaplo
Publisher: Lexington Books
ISBN: 9780739110997
Category : Law
Languages : en
Pages : 918
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Book Description
In this new edition of the acclaimed 1971 original, George Anastaplo provides us with a detailed legal, historical, and dialectical analysis of the First Amendment with special attention to the reasoning of the Founding Fathers. Supplementing the original text are thorough appendices, including an in-depth record of Anastaplo's own remarkable bar admission case, and extensive notes exploring a range of topics from important political events to the nature of American institutions, as well as a wealth of discriminating references and commentary pulling from anthropology, sociology, psychology, and literature.
