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Author: David S. Schwartz
Publisher: Oxford University Press, USA
ISBN: 0190699485
Category : History
Languages : en
Pages : 345
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Book Description
The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Author: David S. Schwartz
Publisher: Oxford University Press, USA
ISBN: 0190699485
Category : History
Languages : en
Pages : 345
Get Book
Book Description
The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Author: James Allen Smith
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 474
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Book Description
Author: Sarah Barringer Gordon
Publisher: Harvard University Press
ISBN: 9780674046542
Category : History
Languages : en
Pages : 358
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Book Description
The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.
Author: Simon J. Gilhooley
Publisher: Cambridge University Press
ISBN: 1108853412
Category : Political Science
Languages : en
Pages : 285
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Book Description
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Author:
Publisher:
ISBN: 9780812452365
Category :
Languages : en
Pages :
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Book Description
Author: Milton Lomask
Publisher: Fawcett
ISBN: 9780449702628
Category : History
Languages : en
Pages : 213
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Book Description
Discusses the aftermath of the Revolutionary War and the creating of a Constitution for the new country.
Author: J. Allen Smith
Publisher: DigiCat
ISBN:
Category : History
Languages : en
Pages : 318
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Book Description
DigiCat Publishing presents to you this special edition of "The Spirit of American Government" (A Study Of The Constitution: Its Origin, Influence And / Relation To Democracy) by J. Allen Smith. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Author: James Allen Smith
Publisher:
ISBN: 9781604491722
Category : United States
Languages : en
Pages : 402
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Book Description
Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : French literature
Languages : en
Pages : 418
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Book Description
Author: Judith A. Baer
Publisher: Cornell University Press
ISBN: 1501722751
Category : Law
Languages : en
Pages : 450
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Book Description
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
