Our Federal Constitution Our Missouri Constitution
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Author | : Richard M. Fulton |
Publisher | : University of Missouri Press |
Total Pages | : 177 |
Release | : 2010-12-03 |
Genre | : History |
ISBN | : 0826219039 |
This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.
Author | : Missouri. Office of the Secretary of State |
Publisher | : |
Total Pages | : 1516 |
Release | : 1989 |
Genre | : Executive departments |
ISBN | : |
Author | : Alex J. Schmidt |
Publisher | : A J S Publications |
Total Pages | : 65 |
Release | : 1993-06-01 |
Genre | : Constitutional law |
ISBN | : 9780931298004 |
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 | : Judge Jeffrey S. Sutton |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2018-05-07 |
Genre | : Law |
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 | : Alex Schmidt |
Publisher | : |
Total Pages | : 72 |
Release | : 2010-07-01 |
Genre | : Constitutional history |
ISBN | : 9781892291004 |
This streamlined worktext aids in the study of both the federal constitution and your state constitution. The material is written in an easy-to-read and understand format designed for students of various ages and abilities. This worktext is being used by schools across country to meet the required study of constitutions and government.
Author | : Simon J. Gilhooley |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2020-10-29 |
Genre | : Political Science |
ISBN | : 1108853412 |
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Author | : John V. Sullivan |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Government publications |
ISBN | : |
Author | : Timothy Sandefur |
Publisher | : Cato Institute |
Total Pages | : 217 |
Release | : 2013-11-12 |
Genre | : Law |
ISBN | : 1939709040 |
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author | : Samuel D. Brandeis, Louis D. Warren |
Publisher | : BoD – Books on Demand |
Total Pages | : 42 |
Release | : 2018-04-05 |
Genre | : Fiction |
ISBN | : 3732645487 |
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis