Constitutional Structure
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| Author | : Judge Jeffrey S. Sutton |
| Publisher | : Oxford University Press |
| Total Pages | : 288 |
| Release | : 2018-05-07 |
| Genre | : |
| ISBN | : 0190866063 |
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
| Author | : Randy E. Barnett |
| Publisher | : Aspen Publishing |
| Total Pages | : 1033 |
| Release | : 2022-01-31 |
| Genre | : Law |
| ISBN | : 1543839053 |
Constitutional Structure: Cases in Context, Fourth Edition
| Author | : Nico Krisch |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 383 |
| Release | : 2010-10-28 |
| Genre | : Law |
| ISBN | : 0199228310 |
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
| Author | : James Sundquist |
| Publisher | : Brookings Institution Press |
| Total Pages | : 360 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9780815714309 |
For years the public has become increasingly disillusioned and cynical about its governmental institutions. In the face of alarming problems-most notably the $400 billion budget deficit-the government seems deadlocked, reduced to partisan posturing and bickering, with the president and Congress blaming each other for failure. And neither party can be held accountable. The public tendency is to blame individual leaders- or politicians as a class-but an insistent and growing number of experienced statesmen and political scientists believe that much of the difficulty can be traced to the governmental structure itself, designed in the eighteenth century and essentially unchanged since then. Is that inherited constitutional system adequate to meet the challenges of the twenty-first century, or has the time come for fundamental change? Should we adopt an electoral system that encourages unified control of the presidency, the Senate and the House? Lengthen terms of office? Limit congressional terms? Abolish or modify the electoral college? Introduce a mechanism for calling special elections? Permit legislators to hold executive offices? Redistribute the balance of powers within the governmental system? In this revised edition of his highly acclaimed 1986 volume, James Sundquist reviews the origins and rationale of the constitutional structure and the current debate about whether reform is needed, then raises practical questions about what changes might work best if a consensus should emerge that the national government is too prone to stalemate to meet its responsibilities. Analyzing the main proposals advanced to adapt the Constitution to current conditions, he attempts to separate the workable ideas from the unworkable, the effective from the ineffective, the possibly feasible from the wholly infeasible, and finally arrives at a set of recommendations of his own.
| Author | : Barry Cushman |
| Publisher | : Oxford University Press |
| Total Pages | : 333 |
| Release | : 1998-02-26 |
| Genre | : Law |
| ISBN | : 019535401X |
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
| Author | : Randy E. Barnett |
| Publisher | : Aspen Publishers |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Constitutional law |
| ISBN | : 9781454815631 |
Constitutional Structure: Cases in Context places primary emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than focusing simply on doctrinal details. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses, no matter the ideology or interpretative method. Cases are judiciously supplemented with background readings from various sources. Providing additional context, the readings are long enough to help students understand the arguments, and edited where necessary to prevent overwhelming them. Constitutional Structure: Cases in Context represents rival interpretations of the Constitution by founders, presidents, and other critics of the Court';s decisions better than do many other casebooks. Boxed study guide questions help students focus on the salient issues, challenge them to consider the court's opinions from various perspectives, suggest comparisons or connections with other cases, and invite the student to think about recurring foundational principles and debates. The two-color design also features an art program. Constitutional Structure: Cases in Context covers Parts I and II of the parent book, Constitutional Law: Cases in Context, and can be taught in its entirety in one-semester courses. Features: emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than on just doctrinal details teachable, class-sized chunks manageable for professors and students better suited to one-semester courses or reduced credit configurations generous case excerpts for flexibility in teaching, no matter the approach cases supplemented with judicious background readings various sources provide context readings are long enough to help students to understand arguments edited where necessary to prevent overwhelming the reader represents rival interpretations of the Constitution by founders, presidents, and critics of the Court s decisions includes study guide questions challenge students to consider the court's opinions from various perspectives direct the student to key aspects of the case encourage student to see points of disagreement among opinions suggest comparisons or connections with other cases explore recurring foundational principles and debates two-color design with an art program covers parts I and II of the parent book, Constitutional Law: Cases in Context can be taught in its entirety in one-semester Con Law courses supplemented by an annual case supplement available in e-format as well as print
| Author | : Charles Lund Black |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1985 |
| Genre | : Constitutional law |
| ISBN | : 9780918024442 |
| Author | : Jed Rubenfeld |
| Publisher | : Harvard University Press |
| Total Pages | : 260 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780674017153 |
Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
| Author | : Randy E. Barnett |
| Publisher | : |
| Total Pages | : 785 |
| Release | : 2018 |
| Genre | : Constitutional law |
| ISBN | : 9781454897095 |
Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into assignments and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
| Author | : Nicholas Papaspyrou |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 474 |
| Release | : 2018-03-22 |
| Genre | : Law |
| ISBN | : 1509917195 |
US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.
