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Author: Richard Hasen
Publisher: NYU Press
ISBN: 0814736912
Category : Law
Languages : en
Pages : 239
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Book Description
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.
Author: Richard Hasen
Publisher: NYU Press
ISBN: 0814736912
Category : Law
Languages : en
Pages : 239
Get Book Here
Book Description
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.
Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245
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Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: James H. Carr
Publisher: Routledge
ISBN: 1135889791
Category : Business & Economics
Languages : en
Pages : 369
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Book Description
The new imperative for equality / James H. Carr and Nandinee K. Kutty -- Origins of economic disparities : historical role of housing segregation / Douglas S. Massey -- From credit denial to predatory lending : the challenge of sustaining minority homeownership / Kathleen C. Engel and Patricia A. McCoy -- Housing and education : the inextricable link / Deborah McKoy and Jeffrey M. Vincent -- Residential segregation and employment inequality / Margery Austin Turner -- Impacts of housing and neighborhoods on health : pathways, racial/ethnic disparities, and policy directions / Dolores Acevedo-Garcia and Theresa L. Osypuk -- Neighborhood segregation, personal networks, and access to social resources / Rachel Garshick Kleit -- Continuing isolation : segregation in America today / Ingrid Gould Ellen -- Trends in the U.S. economy : the evolving role of minorities / Dean Baker and Heather Boushey -- The prospects and pitfalls of fair housing enforcement efforts / Gregory D. Squires -- Attaining a just (and economically secure) society / James H. Carr and Nandinee K. Kutty.
Author: J. Douglas Smith
Publisher: Macmillan
ISBN: 0809074230
Category : Political Science
Languages : en
Pages : 385
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Book Description
"The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473
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Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Graham Allison
Publisher: HarperCollins
ISBN: 0544935330
Category : Political Science
Languages : en
Pages : 389
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Book Description
NATIONAL BESTSELLER | NEW YORK TIMES NOTABLE BOOK OF THE YEAR. From an eminent international security scholar, an urgent examination of the conditions that could produce a catastrophic conflict between the United States and China—and how it might be prevented. China and the United States are heading toward a war neither wants. The reason is Thucydides’s Trap: when a rising power threatens to displace a ruling one, violence is the likeliest result. Over the past five hundred years, these conditions have occurred sixteen times; war broke out in twelve. At the time of publication, an unstoppable China approached an immovable America, and both Xi Jinping and Donald Trump promised to make their countries “great again,” the seventeenth case was looking grim—it still is. A trade conflict, cyberattack, Korean crisis, or accident at sea could easily spark a major war. In Destined for War, eminent Harvard scholar Graham Allison masterfully blends history and current events to explain the timeless machinery of Thucydides’s Trap—and to explore the painful steps that might prevent disaster today. SHORT-LISTED FOR THE 2018 LIONEL GELBER PRIZE NAMED A BEST BOOK OF THE YEAR BY: FINANCIAL TIMES * THE TIMES (LONDON)* AMAZON “Allison is one of the keenest observers of international affairs around.” — President Joe Biden “[A] must-read book in both Washington and Beijing.” — Boston Globe “[Full of] wide-ranging, erudite case studies that span human history . . . [A] fine book.”— New York Times Book Review
Author: Peter H. Irons
Publisher:
ISBN: 9781565843370
Category : Law
Languages : en
Pages : 400
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Book Description
The bestselling, unprecedented live recordings and transcripts of twenty-three landmark Supreme Court cases.
Author: Carolyn Nestor Long
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 270
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Book Description
A concise and compelling account of the closely-decided Supreme Court ruling that balanced the duties of state and local crime fighters against the rights of individuals from being tried with illegally seized evidence.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400822971
Category : Law
Languages : en
Pages : 255
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Book Description
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
