Methods Of Constitutional Revision
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| Author | : Sanford Levinson |
| Publisher | : Princeton University Press |
| Total Pages | : 341 |
| Release | : 1995-01-24 |
| Genre | : Law |
| ISBN | : 1400821630 |
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
| Author | : Melvin B. Hill |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 313 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199779007 |
In The Georgia State Constitution, Melvin Hill Jr. offers a detailed description of the creation and development of Georgia's constitution. He explains how political and cultural events, from colonial times, through the Civil War, to the present, have affected Georgia's constitutional law. Accompanying the full text of the constitution is Hill's rich commentary of the constitutional provisions. He traces their origins and interpretation by the courts and other governmental bodies. This volume also provides a bibliographical essay which features the most important sources of Georgia's constitutional history and constitutional law. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
| Author | : J. Benjamin Taylor |
| Publisher | : University of Georgia Press |
| Total Pages | : 114 |
| Release | : 2024-09 |
| Genre | : Political Science |
| ISBN | : 082036746X |
By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to - the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures - how the various state constitutions differ from each other, even as they all complement the U.S. Constitution - how constitutions in Georgia have been amended or replaced - Georgia’s governmental institutions at the state, county, and city levels - elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as: - the structure of Georgia’s court system - the number of constitutions each of the fifty states has had, the number of times each state’s constitution has - been amended, and the length of each state’s current constitution - various procedures used by the states to amend their constitutions - Georgia’s ten constitutions, with highlights of their major changes or features - the number of amendments voted on in Georgia from 1984 to 2012 - the executive branch officials elected by the public across states - the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen - the number and types of local governments in Georgia since 1952, including counties, municipalities, school districts, and special districts - the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy - rights and liberties, and how constitutions guarantee and protect them
| Author | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 420 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
| Author | : Bruce A. Ackerman |
| Publisher | : |
| Total Pages | : 150 |
| Release | : 1995 |
| Genre | : Business & Economics |
| ISBN | : |
Bruce Ackerman and David Golove tell the story of how the Treaty Clause was displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, and simple majorities in both Houses suffice to commit the nation. This is called the Congressional-Executive Agreement, and is a response to a seachange in public opinion during and after World War II. As American troops swept through Europe, Americans at home were anxiously remembering the Senate's rejection of the Treaty of Versailles at the end of World War I. Would America once again win the war only to lose the peace? Rather than formally amending the Treaty Clause to strip a Senate minority of its veto power, political leaders of the 1940s developed the Congressional-Executive Agreement as an alternative to the classical treaty. But is such a fundamental change valid without a formal constitutional amendment? Challenging readers to rethink their understanding of the nature of constitutional change, this book vindicates the Congressional-Executive Agreement. In doing so, it not only establishes the validity of NAFTA and other recent initiatives like the World Trade Organization, but also establishes the constitutional framework for the democratic control of American diplomacy in the years ahead.
| Author | : Goodwin Liu |
| Publisher | : Oxford University Press |
| Total Pages | : 274 |
| Release | : 2010-08-05 |
| Genre | : Law |
| ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
| Author | : Jeffrey Denys Goldsworthy |
| Publisher | : Oxford University Press |
| Total Pages | : 372 |
| Release | : 2006-02-09 |
| Genre | : Law |
| ISBN | : 0199274134 |
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
| Author | : George Pratt |
| Publisher | : Рипол Классик |
| Total Pages | : 25 |
| Release | : 1874 |
| Genre | : History |
| ISBN | : 5877540068 |
| Author | : Larry J. Sabato |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 353 |
| Release | : 2010-07-23 |
| Genre | : History |
| ISBN | : 0802777562 |
"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
| Author | : David A. Strauss |
| Publisher | : Oxford University Press |
| Total Pages | : 171 |
| Release | : 2010-05-19 |
| Genre | : Law |
| ISBN | : 0199703698 |
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
