Описание: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion.Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.
Описание: American government evolved over the generations since the mid-nineteenth century. The changing character of these institutions is a critical part of the history of the United States. This engaging survey focuses on the evolution of public policy and its relationship to the constitutional and political structure of government at the federal, state, and local levels. A new chapter in this revised and updated edition examines the debate about "big government" over the last 20 years.
Автор: Founding Fathers, Justicelearning Org Название: The United States Constitution: What It Says, What It Means ISBN: 0195304438 ISBN-13(EAN): 9780195304435 Издательство: Oxford Academ Цена: 826.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Affordable, readable, and indispensable, The United States Constitution: What it Says, What it Means allows you to put the most important document in American history in your back pocket. In conjunction with Justice Learning and The Annenberg Foundation Trust at Sunnylands and with an introduction written by Caroline Kennedy and an afterword written by David Eisenhower, this pocket guide appeals to the broadest possible audience. Each Article and each Amendment is followed by a clear and concise explanation, in plain English, that is suitable for both middle and high school students. On December 8, 2004 President Bush officially signed Constitution Day into law. The law mandates that each year, on September 17th, schools and colleges that receive federal money are required to teach the Constitution. The new law was championed in Congress by Sen. Robert Byrd who famously carries around a copy of the document in his pocket. Sen. Byrd became increasingly alarmed at the lack of civics education-specifically relating to the Constitution-in our public schools and he wanted to take action. Lightweight, easy to use and easy for everyone to understand The United States Constitution: What it Says, What it Means is an excellent way for students and citizens of all ages to read and completely comprehend the building block of American democracy. Justice Learning (www.justicelearning.org), is a comprehensive on-line resource that offers wide-ranging non-partisan materials relating to civics education.
Автор: Tushnet, Mark Название: Constitution of the united states of america ISBN: 1841137383 ISBN-13(EAN): 9781841137384 Издательство: Hart Publishing Рейтинг: Цена: 2297.00 р. Наличие на складе: Нет в наличии.
Описание: Covers the history and meaning of the United States` Constitution. This work is organised around two themes: the US Constitution is old, short, and difficult to amend, and it creates a structure of political opportunities that allows political actors to pursue the preferred policy goals even to the point of altering the very structure of politics.
Автор: Volden Название: Legislative Effectiveness in the United States Congress ISBN: 0521152267 ISBN-13(EAN): 9780521152266 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Volden and Wiseman develop a new metric of individual legislator effectiveness that will be of interest to scholars, voters, and politicians.
Автор: Gormley Kenneth, Gormley Ken Название: The Presidents and the Constitution: A Living History ISBN: 1479839906 ISBN-13(EAN): 9781479839902 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6270.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this sweepingly ambitious volume, the nation s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office the first president to the forty-fourth has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation s chief executive.By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country s history and ties together presidencies in a way never before accomplished.Exhaustively researched and compellingly presented, The Presidents and the Constitution shines new light on America s brilliant constitutional and presidential history. "
Описание: These essays on the Constitution were written by busy men in the midst of an active public and professional life, written with immense haste, and without proper time for consultation.
Автор: Volden Название: Legislative Effectiveness in the United States Congress ISBN: 0521761522 ISBN-13(EAN): 9780521761529 Издательство: Cambridge Academ Рейтинг: Цена: 12355.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Volden and Wiseman develop a new metric of individual legislator effectiveness that will be of interest to scholars, voters, and politicians.
Автор: Bellia Jr. Anthony J. Название: The Law of Nations and the United States Constitution ISBN: 019984125X ISBN-13(EAN): 9780199841257 Издательство: Oxford Academ Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Автор: Brannon-Wranosky Jessica, Glasrud Bruce a. Название: Impeached: The Removal of Texas Governor James E. Ferguson ISBN: 162349527X ISBN-13(EAN): 9781623495275 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5016.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In 1917, barely into his second term as governor of Texas, James E. Ferguson was impeached, convicted, and removed from office. Impeached provides a new examination of the rise and fall of Ferguson's political fortunes, offering a focused look at how battles over economic class, academic freedom, women's enfranchisement, and concentrated political power came to be directed toward one politician.
Jessica Brannon-Wranosky and Bruce A. Glasrud have brought together top scholars to shine a light on this unique chapter in Texas history. An overview by John R. Lundberg offers a comprehensive survey of the impeachment process. Kay Reed Arnold then follows the Ferguson story into the halls of academia at the University of Texas--which Ferguson threatened to close--sparking a fierce response by faculty, alumni, students, and, especially, the Women's Committee for Good Government. Rachel M. Gunter further places the Ferguson impeachment in the context of the suffrage movement. Leah LaGrone Ochoa then explores Ferguson's hot-and-cold relationship with the Texas press, and Mark Stanley examines the impact of the impeachment on Texas politics in the decades that followed. Jessica Brannon-Wranosky concludes with an assessment of the historical memory of Ferguson's impeachment throughout the twentieth and twenty-first centuries.
Impeached: The Removal of Texas Governor James E. Ferguson reveals how power ebbed and flowed in twentieth-century Texas and includes several annotated primary documents critical to understanding the Ferguson impeachment.
JESSICA BRANNON-WRANOSKY is associate professor of history at Texas A&M University-Commerce. Her most recent publications include contributions to Texas Women: Their Histories, Their Lives and Discovering Texas History. BRUCE A. GLASRUD is professor emeritus of history at California State University, East Bay, and retired dean of the School of Arts and Sciences at Sul Ross State University. He is the author, coauthor, or editor of more than two dozen books, most recently Anti-Black Violence in Twentieth-Century Texas.
Описание: Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year?This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA ""failed"" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War.Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Автор: Karen Orren Название: The Cambridge Companion to the United States Constitution ISBN: 1107094666 ISBN-13(EAN): 9781107094666 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will be useful for students and non-specialists who seek a broad, historically grounded introduction to the study of the US constitutional system. The book places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
