Congress Or The Supreme Court Which Shall Rule America
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Congress Or The Supreme Court
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Author :
language : en
Publisher:
Release Date : 1953
Congress Or The Supreme Court written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with categories.
Congress Or The Supreme Court Which Shall Rule America
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Author : Egbert Ray Nichols
language : en
Publisher:
Release Date : 1935
Congress Or The Supreme Court Which Shall Rule America written by Egbert Ray Nichols and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Constitutional law categories.
Congress Or The Supreme Court Dwhich Shall Rule America
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Author : Egbert Ray Nichols
language : en
Publisher:
Release Date : 1953
Congress Or The Supreme Court Dwhich Shall Rule America written by Egbert Ray Nichols and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with categories.
A Mere Machine
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Author : Anna Harvey
language : en
Publisher: Yale University Press
Release Date : 2013-11-26
A Mere Machine written by Anna Harvey and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Political Science categories.
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Congress Shall Make No Law
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Author : David M. O'Brien
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2010-09-16
Congress Shall Make No Law written by David M. O'Brien and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-16 with Political Science categories.
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Narrowing The Nation S Power
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Author : John T. Noonan Jr.
language : en
Publisher: Univ of California Press
Release Date : 2002-08-21
Narrowing The Nation S Power written by John T. Noonan Jr. and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-21 with History categories.
Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.
The Pursuit Of Justice
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Author : Kermit L. Hall
language : en
Publisher: Oxford University Press
Release Date : 2006-12-01
The Pursuit Of Justice written by Kermit L. Hall and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-01 with Law categories.
With a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards. For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principal players in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.
Restoring The Global Judiciary
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Author : Martin S. Flaherty
language : en
Publisher: Princeton University Press
Release Date : 2022-05-17
Restoring The Global Judiciary written by Martin S. Flaherty and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-17 with Political Science categories.
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Congress The Constitution And The Supreme Court
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Author : Charles Warren
language : en
Publisher:
Release Date : 1925
Congress The Constitution And The Supreme Court written by Charles Warren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1925 with Constitutional history categories.
The American Supreme Court
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Author : Robert G. McCloskey
language : en
Publisher: University of Chicago Press
Release Date : 2016-05-02
The American Supreme Court written by Robert G. McCloskey and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with History categories.
The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition