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Author : Robert A. Goldwin
Publisher : A E I Press
Page : 172 pages
File Size : 20,5 MB
Release : 1980
Category : History
ISBN :
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Author : Neal Devins
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 12,97 MB
Release : 2015
Category : Law
ISBN : 0199916543
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author : David P. Currie
Publisher : University of Chicago Press
Page : 369 pages
File Size : 35,35 MB
Release : 2013-12-04
Category : History
ISBN : 022611628X
The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.
Author : Chandler Bolt
Publisher :
Page : 108 pages
File Size : 33,6 MB
Release : 2014-10-09
Category :
ISBN : 9781502782571
Have you ever wondered exactly how the democratic party approves & passes their laws?When a new bill comes across their desk, they must carefully read it and compare it alongside our Constitution...right?Afterall, this is arguably the single most important document in the history of the United States.Since the US Constitution is the filter that all laws are run through, Democrats (and all politicians for that matter) must have a complete understanding of every detail found within it.They must know the Constitution upside-down, backwards, and forwards.Because of it's importance, Dr. Chandler Bolt set out on a decade long quest to answer the question: "How much do Democrats actually know about the US Constitution?"Over 10 years, he spent thousands of hours interview politicians, reading political literature, and analyzing the voting decisions of Democratic voters in all 50 states.In this book, Dr. Chandler Bolt distills his years of research into what is arguably the most extensive study ever done on the democratic party.Unbiased and up-to-date, this book addresses all of the hot button issues surrounding the Democratic party. This book very clearly explains the democratic stance on: Raising taxesObamacareImmigration lawsLegalizing marijuanaAnd much more!In short, this book attempts to uncover the foundation of the Democratic party so that it can be easily explained for the common man... no matter the political party.In case you haven't already figured it out, this in-depth explanation features 129 blank pages.Because... in reality, what do democrats really know about the US Constitution?
Author : Robert A. Dahl
Publisher : Yale University Press
Page : 235 pages
File Size : 11,25 MB
Release : 2003-11-10
Category : Law
ISBN : 0300133723
In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Author : Neal Devins
Publisher : Oxford University Press
Page : 369 pages
File Size : 14,96 MB
Release : 2015-09-01
Category : Political Science
ISBN : 0190279567
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author : Tom Ginsburg
Publisher : University of Chicago Press
Page : 306 pages
File Size : 16,57 MB
Release : 2018-10-05
Category : Law
ISBN : 022656438X
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Brian E. Butler
Publisher : University of Chicago Press
Page : 258 pages
File Size : 40,25 MB
Release : 2017-08-21
Category : Law
ISBN : 022647464X
The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.
Author : Martin Edelman
Publisher : State University of New York Press
Page : 416 pages
File Size : 48,93 MB
Release : 1985-06-30
Category : Political Science
ISBN : 1438401841
Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.
Author : Devra C. Moehler
Publisher : University of Michigan Press
Page : 266 pages
File Size : 28,45 MB
Release : 2008
Category : History
ISBN : 9780472069934
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