American Constitutionalism
Title | American Constitutionalism PDF eBook |
Author | Stephen M. Griffin |
Publisher | Princeton University Press |
Pages | 229 |
Release | 1998-07-27 |
Genre | Law |
ISBN | 1400822122 |
Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.
A New Introduction to American Constitutionalism
Title | A New Introduction to American Constitutionalism PDF eBook |
Author | Mark A. Graber |
Publisher | Oxford University Press |
Pages | 307 |
Release | 2015 |
Genre | Law |
ISBN | 0190245239 |
A New Introduction to American Constitutionalism is the first truly interdisciplinary study of the American constitutional regime. Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.
American Constitutionalism
Title | American Constitutionalism PDF eBook |
Author | Howard Gillman |
Publisher | Oxford University Press, USA |
Pages | 0 |
Release | 2017 |
Genre | Constitutional history |
ISBN | 9780190299477 |
V. 1. Introduction to American constitutionalism -- The colonial era : before 1776 -- The funding era : 1776-1788 -- The early national era : 1789-1828 -- The Jacksonian era : 1829-1860 -- Secession, Civil War, and Reconstruction : 1861-1876 -- The Republican era : 1877-1932 -- The New Deal and Great Society era : 1933-1968 -- Liberalism divided : 1969-1980 -- The Reagan era : 1981-1993 -- The contemporary era : 1994-present.
Common-law Liberty
Title | Common-law Liberty PDF eBook |
Author | James Reist Stoner |
Publisher | |
Pages | 230 |
Release | 2003 |
Genre | Law |
ISBN |
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Private Property and the Limits of American Constitutionalism
Title | Private Property and the Limits of American Constitutionalism PDF eBook |
Author | Jennifer Nedelsky |
Publisher | University of Chicago Press |
Pages | 358 |
Release | 1994-06-15 |
Genre | Law |
ISBN | 0226569713 |
Federalists vision of the Constitution; an interdisciplinary investigation.
American Constitutionalism: Structures of government
Title | American Constitutionalism: Structures of government PDF eBook |
Author | Howard Gillman |
Publisher | Oxford University Press, USA |
Pages | |
Release | 2021 |
Genre | Constitutional history |
ISBN | 9780197527634 |
"Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Rather, a robust and meaningful understanding of American Constitutionalism requires a consideration of the historical and political context in which the Supreme Court delivers its rulings. With this premise as a point of departure, renowned legal scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington move beyond traditional casebooks and take a refreshingly innovative approach to the study of Constitutional Law in American Constitutionalism Volumes I and II. Organized according to the standard two-semester Constitutional Law sequence, Volume I covers "Structures of Government" and Volume II covers "Rights and Liberties." Moreover, this text is offers a unique approach to its subject matter organizing the material within each volume according to historical era instead of the typical issues-based approach. Given the rapid pace of Supreme Court decisions, the landscape of Constitutionalism in the United States remains dynamic and fluid. As such, the new edition of American Constitutionalism Volumes I and II will include full coverage of major Supreme Court cases, decisions, and their political contexts through 2020, including coverage of the Obama and Trump administrations"--
The Origins of American Constitutionalism
Title | The Origins of American Constitutionalism PDF eBook |
Author | Donald S. Lutz |
Publisher | Lsu Press |
Pages | 178 |
Release | 1988 |
Genre | History |
ISBN | 9780807115060 |
In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.