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.

American Constitutionalism

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

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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.

New Constitutionalism in Latin America

New Constitutionalism in Latin America
Title New Constitutionalism in Latin America PDF eBook
Author Almut Schilling-Vacaflor
Publisher Routledge
Pages 436
Release 2016-04-29
Genre Political Science
ISBN 1317088638

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Conservative Thought and American Constitutionalism Since the New Deal

Conservative Thought and American Constitutionalism Since the New Deal
Title Conservative Thought and American Constitutionalism Since the New Deal PDF eBook
Author Johnathan O'Neill
Publisher JHU Press
Pages 398
Release 2022-11-29
Genre History
ISBN 1421444623

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"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--

Private Property and the Limits of American Constitutionalism

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

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Federalists vision of the Constitution; an interdisciplinary investigation.

The Language of Law and the Foundations of American Constitutionalism

The Language of Law and the Foundations of American Constitutionalism
Title The Language of Law and the Foundations of American Constitutionalism PDF eBook
Author Gary L. McDowell
Publisher Cambridge University Press
Pages 429
Release 2010-06-28
Genre Law
ISBN 0521192897

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Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.

Making a New American Constitution

Making a New American Constitution
Title Making a New American Constitution PDF eBook
Author George William Van Cleve
Publisher
Pages
Release 2020-09-20
Genre
ISBN 9781735548906

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This is a book about constitutional reform. Today the Constitution is a dangerous threat to Abraham Lincoln's vision of government of the people, by the people, and for the people. It served the United States well during its early years, but has numerous remarkably undemocratic features. And the Constitution has an even graver overarching flaw. It is preventing us from making reforms needed to address the collapse of the middle class and to renew our rapidly decaying social bonds. The Constitution is a massive obstruction to national unity and to our country's survival.Today we are a multicultural, racially diverse, heavily urbanized society. And we are now in danger of being governed permanently by a wealthy oligarchy. Our middle class is headed toward collapse, and our democracy cannot survive its demise. Steadily deteriorating socioeconomic conditions facing millions of poor and middle-class Americans are almost certain to result in a political crisis that may weaken or shatter our union.To avoid such a catastrophe, it will be essential for us to make extensive political, social, and economic reforms based on constitutional changes that will enable all Americans to view their government as truly fair and firmly committed to creating equal life opportunities and justice for everyone, not just for one elite class or dominant race. This book explains why the Constitution is a major obstacle to reform, and what we will need to do to create a resilient democracy. It takes a deep look at the Constitution's undemocratic features, and then explores why the Constitution also makes unworkable piecemeal reforms, such as a constitutional amendment to take money out of politics or a balanced budget amendment. The time to change our government has come. Americans can and must hold a popular convention that can achieve a constitutional grand bargain resolving divisive issues, which will renew republican government and avoid permanent authoritarian rule by a wealthy oligarchy. The book explores how a popular convention can be held, and proposes a series of essential constitutional reforms.