The Constitution In Conflict
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Author | : Robert A. Burt |
Publisher | : Harvard University Press |
Total Pages | : 492 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9780674165366 |
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 | : Morgan Marietta |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : 9780415843799 |
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 | : Mark Tushnet |
Publisher | : Duke University Press Books |
Total Pages | : 280 |
Release | : 2005-01-26 |
Genre | : History |
ISBN | : |
Historical and contemporary examinations of the constitutional issues raised by war.
Author | : Noah Feldman |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 236 |
Release | : 2021-11-02 |
Genre | : History |
ISBN | : 0374720878 |
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 | : Jamal Greene |
Publisher | : Houghton Mifflin |
Total Pages | : 341 |
Release | : 2021 |
Genre | : Law |
ISBN | : 1328518116 |
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 | : 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 | : Laurel E. Miller |
Publisher | : US Institute of Peace Press |
Total Pages | : 737 |
Release | : 2010 |
Genre | : History |
ISBN | : 1601270550 |
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author | : Gloria J. Browne-Marshall |
Publisher | : Anthem Press |
Total Pages | : 486 |
Release | : 2020-09-30 |
Genre | : Law |
ISBN | : 1785274899 |
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 | : Hanna Lerner |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 2011-05-12 |
Genre | : Law |
ISBN | : 1139502921 |
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Author | : Julie Mertus |
Publisher | : US Institute of Peace Press |
Total Pages | : 586 |
Release | : 2006 |
Genre | : Political Science |
ISBN | : 9781929223770 |
'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.