A New Introduction to American Constitutionalism

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

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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.

Antonin Scalia and American Constitutionalism

Antonin Scalia and American Constitutionalism
Title Antonin Scalia and American Constitutionalism PDF eBook
Author Edward A. Purcell
Publisher
Pages 329
Release 2020
Genre Law
ISBN 0197508766

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Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. This book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised.

The Supreme Court and Constitutional Democracy

The Supreme Court and Constitutional Democracy
Title The Supreme Court and Constitutional Democracy PDF eBook
Author John Agresto
Publisher Cornell University Press
Pages 184
Release 2016-10-15
Genre Law
ISBN 1501712918

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In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Concurring Opinion Writing on the U.S. Supreme Court

Concurring Opinion Writing on the U.S. Supreme Court
Title Concurring Opinion Writing on the U.S. Supreme Court PDF eBook
Author Pamela C. Corley
Publisher State University of New York Press
Pages 163
Release 2010-03-24
Genre Political Science
ISBN 143843068X

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Analysis of concurrent opinion writing by Supreme Court justices.

The Supreme Court and the Idea of Constitutionalism

The Supreme Court and the Idea of Constitutionalism
Title The Supreme Court and the Idea of Constitutionalism PDF eBook
Author Steven J. Kautz
Publisher University of Pennsylvania Press
Pages 328
Release 2011-10-03
Genre Law
ISBN 0812221907

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In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.

An Introduction to Constitutional Law

An Introduction to Constitutional Law
Title An Introduction to Constitutional Law PDF eBook
Author Randy E. Barnett
Publisher Aspen Publishing
Pages 473
Release 2022-11-08
Genre Law
ISBN

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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.

Fidelity & Constraint

Fidelity & Constraint
Title Fidelity & Constraint PDF eBook
Author Lawrence Lessig
Publisher Oxford University Press
Pages 596
Release 2019-04-03
Genre Law
ISBN 0190932562

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The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.