THE UPSIDE DOWN CONSTITUTION

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The Upside Down Constitution

Author : Michael S. Greve
ISBN : 9780674063228
Genre : Political Science
File Size : 75.32 MB
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The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.
Category: Political Science

Interpreting The Constitution

Author : Kent Greenawalt
ISBN : 9780190606473
Genre : Law
File Size : 41.51 MB
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This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Category: Law

American Constitutional Law Volume I

Author : Ralph A. Rossum
ISBN : 9780813350301
Genre : Law
File Size : 20.69 MB
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American Constitutional Law, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The Tenth Edition has been fully revised to include seven new cases, including key decisions National Labor Relations Board v. Noel Canning, Zivotofsky v. Kerry, Adoptive Couple v. Baby Girl, Horne v. Department of Agriculture and Comptroller of the Treasure of Maryland v. Wynne. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Category: Law

Federalism And Subsidiarity

Author : James E. Fleming
ISBN : 9781479875559
Genre : Law
File Size : 48.25 MB
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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Category: Law

Framed

Author : Sanford Levinson
ISBN : 9780199930876
Genre : Law
File Size : 75.70 MB
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In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.
Category: Law

Supreme Court Economic Review

Author : Todd J. Zywicki
ISBN : 9780226341163
Genre : Law
File Size : 42.54 MB
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Supreme Court Economic Review is a faculty-edited, peer-reviewed, interdisciplinary series that applies world class economic and legal scholarship to the work of the Supreme Court of the United States. Contributions typically provide an economic analysis of the events that generated the Court's cases, its functioning as an organization, the reasoning the Court employs in reaching its decisions, and the societal impact of these verdicts. Beyond academic analysis, SCER contributors stimulate interest in the economic dimension of the Supreme Court and explore solutions for its manifold and complex problems.
Category: Law

Romans 13 In A Constitutional Republic

Author : Thomas Lake
ISBN : 1456846884
Genre : Law
File Size : 23.14 MB
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This book is ABOUT re-evaluating how we look at Romans 13 in a Constitutional Republic Environment. Briefly, think a moment, Caesar was the reigning dictator. The United States does not have a dictator [yet]. The Constitution turns everything upside down, where the People rule [WE THE PEOPLE]. That is discussed and explained in this work as is Income Taxes.
Category: Law

We Live In Upside Down Land Session 3

Author : Publius Marcus
ISBN : 9781312089273
Genre : History
File Size : 83.81 MB
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This book will be all about the unconstitutional and political hack "rezident" at 1600 Pennsylvania Ave, one Barack Hussein Obama, who resides at the Old White House, which is now the New Marxist House. This book will be all about the Ubermessias Obama because he himself has been proclaimed to be the Messiah by the Muslim Brotherhood in this nation and many in Hollywood. The Scriptures never make the claim that we are to be nice to the enemy, ever. Prove me wrong and I will beg to differ. I consider myself to be a serious writer and most of my writings are at The Snooper Report, which I am now placing many blog entries into this series of books, We Live In Upside Down Land, (this is the third book in this regard). Each chapter of this book will be an entry from The Snooper Report and the footnotes will make sure that you have the links if you so choose to go there. On a personal note, I am a Grunt so at times there will be Grunt Speak within this book.
Category: History

The Constitution And Criminal Procedure

Author : Akhil Reed Amar
ISBN : 0300074883
Genre : Law
File Size : 83.88 MB
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Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
Category: Law