The Upside-Down Constitution

Author: Michael S. Greve

Publisher: Harvard University Press

ISBN: 0674063228

Category: Political Science

Page: 528

View: 9900

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.

Interpreting the Constitution

Author: Kent Greenawalt

Publisher: Oxford University Press

ISBN: 0190606479

Category: Law

Page: 512

View: 6846

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.

American Constitutional Law, Volume I

The Structure of Government

Author: Ralph A. Rossum,G. Alan Tarr

Publisher: Hachette UK

ISBN: 0813350301

Category: Law

Page: 704

View: 6775

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.

Federalism and Subsidiarity


Author: James E. Fleming,Jacob T Levy

Publisher: NYU Press

ISBN: 1479875554

Category: Law

Page: 464

View: 4601

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.

The Oxford Handbook of the U.S. Constitution

Author: Mark Tushnet,Mark A. Graber,Sanford Levinson

Publisher: Oxford University Press

ISBN: 0190245778

Category: Law

Page: 992

View: 8042

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.


America's 51 Constitutions and the Crisis of Governance

Author: Sanford Levinson

Publisher: Oxford University Press

ISBN: 0199930872

Category: Law

Page: 448

View: 7778

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.

Krone, Kirche und Verfassung

Konservatismus in den englischen Unterschichten 1815-1867

Author: Jörg Neuheiser

Publisher: Vandenhoeck & Ruprecht

ISBN: 3525370091

Category: History

Page: 349

View: 4730

"Warum kommt es in England im 19. Jahrhundert zu keiner Revolution? Historiker verbinden die auffällige Stabilität der englischen Gesellschaft mit einem doppelten Problem: Schon sehr früh gab es in England eine Arbeiterbewegung, die gemeinsam mit den Liberalen Reformen forderte und auch revolutionäre Vorstellungen entwickelte. Trotz einer nach 1815 scheinbar stark radikalisierten Bevölkerung blieb eine Revolution aber aus, und eine Arbeiterpartei entstand in England später als in anderen europäischen Staaten. Seit 20 Jahren wird dieser Widerspruch üblicherweise mit der Komplexität sozialer und politischer Identitätsbildung innerhalb der Unterschichten erklärt. Verwiesen wird auf die lange dominante Tradition des englischen Liberalismus und Radikalismus, der auch die Reformbewegungen der Arbeiterschaft prägte. Mit dem vorliegenden Buch müssen solche Erklärungen erweitert werden. Es beschreibt eine bisher ignorierte lange Tradition des Konservatismus, die erhebliche Teile der englischen Unterschichten beeinflusste und zur Stabilität der englischen Gesellschaft beitrug. Dieser "Konservatismus von unten" kreiste um die Popularität der Monarchie, einem loyalistischen Patriotismus und ein protestantisches Selbstverständnis. Damit verbunden waren antikatholische Haltungen und ein paternalistisches Ideal von sozialer Gerechtigkeit, das einen Ausgleich zwischen sozialen Eliten und Unterschichten ermöglichte. In einer vergleichenden Lokalstudie werden bekannte Phänomene wie antikatholische Ausschreitungen neu interpretiert und bisher kaum erforschte Entwicklungen wie die frühen konservativen Arbeitervereine und Feiern im Umfeld der Monarchie untersucht, um das Bild der politischen Vorstellungen innerhalb der englischen Unterschichten um eine konservative Dimension zu erweitern."--Publisher's website.

The Constitution and Criminal Procedure

First Principles

Author: Akhil Reed Amar

Publisher: Yale University Press

ISBN: 9780300074888

Category: Law

Page: 288

View: 7944

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.

The Constitution Under Social Justice

Author: Antonio Rosmini

Publisher: Lexington Books

ISBN: 9780739107256

Category: Philosophy

Page: 191

View: 7186

Antonio Rosmini-Serbati (1797D1855) was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just.

Preamble to the U.S. Constitution (ENHANCED eBook)

Author: Douglas M. Rife

Publisher: Lorenz Educational Press

ISBN: 1429111429

Category: History

Page: 32

View: 1787

Introduce students to the reasons why the framers wrote the Constitution, learn about the arguments that shaped this amazing document and discover the importance of these concepts to society today. Includes time lines, activities and a card game.

Romans 13 in a Constitutional Republic

Author: Thomas Lake

Publisher: Xlibris Corporation

ISBN: 9781456846886

Category: Law

Page: 214

View: 9485

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.

Toleration and the Constitution

Author: David A. J. Richards

Publisher: Oxford University Press

ISBN: 9780195363081

Category: Philosophy

Page: 348

View: 1818

Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.

The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 3285

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Saving the Constitution from Lawyers

How Legal Training and Law Reviews Distort Constitutional Meaning

Author: Robert J. Spitzer

Publisher: Cambridge University Press

ISBN: 1139471260

Category: Law

Page: N.A

View: 5329

This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals – professional publications run by law students, not faculty or other professionals – and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

Constitution of Iron

Author: Marlene Garten

Publisher: WestBow Press

ISBN: 1490848150

Category: Religion

Page: 124

View: 706

There is nothing more powerful than a dream from God. It can stir you, push you, and even transform you into His messenger of hope. So often, once we receive the dream, vision, or prophetic word for our lives, we fail to realize the process that comes next. Nobody ever prophesies about the quiet days! ?I believe that author Marlene Garten has produced a masterful message in her book, Constitution of Iron. This book takes you on a journey from the dream to the pit, then the palace, then the prison, and finally back to the palace. It will take you from point A to point C! Remember this one rule: God always reveals, reverses, and then restores! In the book Constitution of Iron, we are taught that regardless of what others think or how they may harm your calling, God still has a plan. This book is destined to be a classic.? --Pat Schatzline, evangelist, Mercy Seat Ministries, author of Why Is God So Mad at Me? and I Am Remnant! Inside these pages is the story of Joseph and his dream. His story has been told many times. Nevertheless, God wants to encourage you to trust Him to bring your dream to pass. If God planted a dream in your heart, I believe that He is saying to you that it's never too late, you?re never too old, you?re never too young, and as long as you are still breathing, dream fulfillment is only a trial away. He is urging us to look at Joseph's dream and trials again as if looking at them for the first time. Surely his experience is an example of the perseverance needed to make dreams come true. After all, who said it was going to be easy?

We Live In Upside Down Land Session 3

Author: Publius Marcus


ISBN: 131208927X

Category: History

Page: 122

View: 8607

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.

Plantation Earth

The Cross of Iron and the Chains of Debt

Author: Moriah Saul

Publisher: Trafford Publishing

ISBN: 1412006112

Category: Business & Economics

Page: 113

View: 9667

This book is dedicated to the Constitution of the United States, and to the constitutionality of money in America, and to the intrinsic value of labor, the most valuable and truly intrinsic item in existence in our world. The only true value of money is its necessity to divide the fruits of labor in our modern system of barter; therefore labor is not only above capitol, it is above all other things of value in our world. And this opinion was shared by Abraham Lincoln as well as others,and the thought should be considered by all people, who can form their own opinion on the value of labor and the value of money, and which one deserves the higher consideration. Money is a yoke and those who control it control those who wear its yoke. "In the absence of the gold standard, there is no way to protect savings from confiscation through inflation. There is no safe store of value." Allen Greenspan. The enormous differences between fiat unsecured paper currencies and the required intrinsic currency system of the United States Constitution is examined and discussed in depth. The Constitution is quoted, and it plainly states "that No State shall make anything other than gold or silver a legal tender in payment of debts," and yet all of the American States are today operating on a fiat unsecured currency system. This book encourages each and every reader to do some research and see if in their own opinion they agree with the one that I have formed, that the States are in non compliance with our Constitution on this issue. I firmly believe that the Constitution of the United States should be taught in all public schools. That historical content and background, and the writings of the founding fathers should be taught in all schools, as the well the iniquities of the past that brought the Constitution of the United States into existence. I believe that it would be a definite advantage to all children to learn of their rights from the first Government agency with which they have dealings in life. Adhesion Contract: "Standardized contract form offered to consumers of goods and services on essentially 'take it or leave it' bases without affording consumers realistic opportunity to bargain and under such conditions that consumer can not obtain desired product or services except acquiescing in form contract. Distinctive feature of adhesion contract is that weaker party has no realistic choice as to its terms." Blacks Law Dictionary, Sixth edition. There are also other constitutional issues brought forward as food for thought, for the purpose of encouraging discussion. And with that said I will refer people to the opinion of Thomas Jefferson. "Let no more people be heard of confidence in men, but bind him down from mischief by the chains of the Constitution." Thomas Jefferson.