The Constitution In Conflict

Author : Robert A. Burt
Publisher : Harvard University Press
ISBN 13 : 9780674165366
Total Pages : 492 pages
Book Rating : 4.65/5 ( download)

DOWNLOAD NOW!

Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

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

DOWNLOAD NOW!

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 : Morgan Marietta
Publisher :
ISBN 13 : 9780415843799
Total Pages : 0 pages
Book Rating : 4.90/5 ( download)

DOWNLOAD NOW!

Download or read book A Citizen's Guide to the Constitution and the Supreme Court written by Morgan Marietta and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting.

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book Constitutional Conflicts Between Congress and the President written by Louis Fisher and published by . This book was released on 2007 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.

Author : Gloria J. Browne-Marshall
Publisher :
ISBN 13 : 9780558939496
Total Pages : 0 pages
Book Rating : 4.9X/5 ( download)

DOWNLOAD NOW!

Download or read book The Constitution written by Gloria J. Browne-Marshall and published by . This book was released on 2010-12-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written primarily for undergraduate courses in criminal justice, constitutional law, and government, The Constitution: Major Cases and Conflicts offers the full text of many landmark Supreme Court cases, selected both for the combinations of constitutional issues they involve and for their continuing relevance today. This text is of particular interest to criminal justice students, because while most constitutional law books used in this field address only criminal cases, The Constitution includes civil cases as well. This is important because various situations involving First Amendment issues, such as protest, can give rise to criminal justice issues when protesters are arrested for disorderly conduct. Thus, in this book the criminal justice (and any other) student is exposed to both civil and criminal Supreme Court cases, along with explanations of their social and historical importance. The decisions in The Constitution: Major Cases and Conflicts, chosen from among the thousands available, involve multiple layers of legal conflict, so that by studying them, the student can come to understand converging ideals within the Constitution. They also offer insights into American culture that remain relevant to present-day society, and they provide a road map through the evolution of the Supreme Court and its shifting reasoning on issues such as federalism, protest, the right to counsel, search and seizure, and civil rights.

Author : Kent Greenawalt
Publisher : Harvard University Press
ISBN 13 : 0674978005
Total Pages : 304 pages
Book Rating : 4.03/5 ( download)

DOWNLOAD NOW!

Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?

Author : Gloria J. Browne-Marshall
Publisher : Anthem Press
ISBN 13 : 1785274899
Total Pages : 486 pages
Book Rating : 4.93/5 ( download)

DOWNLOAD NOW!

Download or read book The Constitution written by Gloria J. Browne-Marshall and published by Anthem Press. This book was released on 2020-09-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution: Major Cases and Conflicts provides students with a road map through the evolution of the Supreme Court, giving clarity to complex issues. This book has chosen pivotal cases based on the importance of the decisions in law, history, and American society. The Constitution has full decisions, not mere excerpts, allowing students to read for themselves and fully understand the logic of the Supreme Court majority and dissenters. These cases involve criminal justice, civil liberties, State's rights, gender, and racial justice as these issues correspond with the balance of powers between the three branches of government. The cases are placed in a historical context with thoughtful questions for discussion. Readers will follow the Supreme Court as it grapples with slavery in early colonial America to 21st century concerns regarding same-sex marriage and technology.

Author : Mark Tushnet
Publisher : Duke University Press
ISBN 13 : 0822386909
Total Pages : 273 pages
Book Rating : 4.02/5 ( download)

DOWNLOAD NOW!

Download or read book The Constitution in Wartime written by Mark Tushnet and published by Duke University Press. This book was released on 2005-01-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule

Author : Morgan Marietta
Publisher : Routledge
ISBN 13 : 1135015317
Total Pages : 217 pages
Book Rating : 4.12/5 ( download)

DOWNLOAD NOW!

Download or read book A Citizen's Guide to the Constitution and the Supreme Court written by Morgan Marietta and published by Routledge. This book was released on 2013-08-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting. After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.