The Constitution After Scott

Author : Adam Tomkins
Publisher : Oxford University Press
ISBN 13 : 9780198262909
Total Pages : 300 pages
Book Rating : 4.06/5 ( download)

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Download or read book The Constitution After Scott written by Adam Tomkins and published by Oxford University Press. This book was released on 1998 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough and authoritative account of the constitutional implications of the Scott report. It is the only book-length treatment of this pivotal Report. The Scott report was established by John Major in 1992 to look into British government policy during the 1980s with regard to trade (including the arms trade) with Iraq and to establish whether the Government had lied to Parliament about its policy. Scott also investigated a number of high-profile and controversial criminal prosecutions which the government brought against several companies that were accused of illegally exporting "defence equipment" to Iraq. All of these cases failed. This book does more than merely relate the Scott story. It offers a full analysis of what the report means for the future of constitutional government, and constitutional reform, in Britain. Issues of lying to Parliament and ministerial responsibility; of the regulation and control of the civil service; and of open government and freedom of information are all reappraised in the light of Scott's discoveries. Central questions of secret intelligence and troublesome "public interest immunity certificates" are also considered. Unusually for a political scandal, Scott was not an exclusively national affair affecting only one country. There was a little-known equivalent to the Scott inquiry in the USA, and the lessons of the US experience are also discussed here - for the first time in Britain.

Author : Mark A. Graber
Publisher : Cambridge University Press
ISBN 13 : 9781139457071
Total Pages : 300 pages
Book Rating : 4.71/5 ( download)

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Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Author : Roger Brooke Taney
Publisher : Legare Street Press
ISBN 13 : 9781017251265
Total Pages : 0 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

Author : Scott Buchanan
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.16/5 ( download)

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Download or read book So Reason Can Rule written by Scott Buchanan and published by . This book was released on 1968 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720878
Total Pages : 236 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 0226131092
Total Pages : 518 pages
Book Rating : 4.92/5 ( download)

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Download or read book The Constitution in the Supreme Court written by David P. Currie and published by University of Chicago Press. This book was released on 1992-09 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

Author : Linda R. Monk
Publisher : Hachette Books
ISBN 13 : 0316381861
Total Pages : 288 pages
Book Rating : 4.64/5 ( download)

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Download or read book The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE WORDS WE LIVE BY takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document. Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.

Author : Eric Foner
Publisher : W. W. Norton & Company
ISBN 13 : 0393652580
Total Pages : 288 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.

Author : Scott GORDON
Publisher : Harvard University Press
ISBN 13 : 0674037839
Total Pages : 408 pages
Book Rating : 4.30/5 ( download)

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Download or read book Controlling the State written by Scott GORDON and published by Harvard University Press. This book was released on 2009-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.

Author : Scott Douglas Gerber
Publisher : NYU Press
ISBN 13 : 0814730892
Total Pages : 332 pages
Book Rating : 4.98/5 ( download)

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Download or read book To Secure These Rights written by Scott Douglas Gerber and published by NYU Press. This book was released on 1996-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.