This Constitution... Shall Be the Supreme Law of the Land PDF Download
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Author: David Loy Mauch
Publisher: CreateSpace
ISBN: 9781497317413
Category : Political Science
Languages : en
Pages : 400
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Book Description
If the original Constitution formed a system of law with a limited central government, then how did the United States get so offtrack? That's the argument presented by David Loy Mauch, who claims that the government originally established by the United States' founding fathers isn't what we have now. And in his bookThis Constitution...shall be the supreme Law of the Land, Mauch contends that events during and after the Civil War led to the false interpretation of US law still at work today—that the federal government trumps state rights. This provocative educational guide looks back to before the Constitution was signed, giving a history of how America's two-party system came to be, and goes on to propose that the Civil War was actually an illegal war fought against the thirteen southern states inaugurated by Abraham Lincoln, a president with Socialist/Communist sympathies. While historical, Mauch's book also sheds light on events shaping current political discourse, outlining how the Constitution remains distorted and suggesting what we can do as a nation to get it back on track. Rediscover the original law documents that formed our great nation, and reclaim the America our forefathers imagined.
Author: David Loy Mauch
Publisher: CreateSpace
ISBN: 9781497317413
Category : Political Science
Languages : en
Pages : 400
Get Book Here
Book Description
If the original Constitution formed a system of law with a limited central government, then how did the United States get so offtrack? That's the argument presented by David Loy Mauch, who claims that the government originally established by the United States' founding fathers isn't what we have now. And in his bookThis Constitution...shall be the supreme Law of the Land, Mauch contends that events during and after the Civil War led to the false interpretation of US law still at work today—that the federal government trumps state rights. This provocative educational guide looks back to before the Constitution was signed, giving a history of how America's two-party system came to be, and goes on to propose that the Civil War was actually an illegal war fought against the thirteen southern states inaugurated by Abraham Lincoln, a president with Socialist/Communist sympathies. While historical, Mauch's book also sheds light on events shaping current political discourse, outlining how the Constitution remains distorted and suggesting what we can do as a nation to get it back on track. Rediscover the original law documents that formed our great nation, and reclaim the America our forefathers imagined.
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: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
Author: Mary Anne Franks
Publisher: Stanford University Press
ISBN: 1503609103
Category : Political Science
Languages : en
Pages : 310
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Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: David F. Forte
Publisher: Simon and Schuster
ISBN: 1621573524
Category : Political Science
Languages : en
Pages : 645
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Book Description
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465065902
Category : Law
Languages : en
Pages : 371
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Book Description
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
Author: Josh Blackman
Publisher: PublicAffairs
ISBN: 1610393295
Category : Law
Languages : en
Pages : 354
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Book Description
Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 328
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Book Description
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 1108546269
Category : Law
Languages : en
Pages : 517
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Book Description
How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.
