Constitutional Dilemmas
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Impeachment
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Author : Raoul Berger
language : en
Publisher: Harvard University Press
Release Date : 1974
Impeachment written by Raoul Berger and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Charter Versus Federalism
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Author : Alan Cairns
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1992
Charter Versus Federalism written by Alan Cairns and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of res
Remnants Of Belief
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Author : Louis Michael Seidman
language : en
Publisher:
Release Date : 1996
Remnants Of Belief written by Louis Michael Seidman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Constitutional law categories.
The Metaethics Of Constitutional Adjudication
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Author : Bosko Tripkovic
language : en
Publisher: Oxford University Press
Release Date : 2018-01-11
The Metaethics Of Constitutional Adjudication written by Bosko Tripkovic 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 2018-01-11 with Law categories.
In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the existence of mind-independent moral truths- and accounts for the effect this ought to have on existing value-based arguments made by constitutional courts. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.
Constitutional Law
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Author : Russell L. Weaver
language : en
Publisher: Aspen Publishing
Release Date : 2021-01-12
Constitutional Law written by Russell L. Weaver and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-12 with Law categories.
Constitutional Law: Cases, Materials, and Problems, Fifth Edition by Russell L. Weaver, Steven Friedland, and Richard Rosen is designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. New to the Fifth Edition: Updates to the text and additional cases added throughout including: Rucho v. Common Cause; United States v. Sanchez- Gomez; Dawson v. Steager; Gamble v. United States; Department of Homeland Security v. Regents of California; Hawaii v. Trump; Manhattan Community Access Corp. v. Halleck; Department of Homeland Security v. Thuraissigiam; Knick v. Township of Scott; Murr v. Wisconsin; Ramos v. Louisiana; Bostock v. Clayton County; Georgia, Box v. Planned Parenthood of Indiana and Kentucky, Inc.; Abbott v. Perez; Husted v. A. Philip Randolph Institute; Sessions v. Morales- Santana; Bethune- Hill v. Virginia State Board of Elections; Cooper v. Harris; Barr v. American Association of Political Consultants, Inc.; Agency for International Development v. Alliance for Open Society International, Inc.; Iancu v. Brunetti; National Institute of Family and Life Advocates v. Becerra; Minnesota Voters Alliance v. Mansky; Packingham v. North Carolina; Matal v. Tam; Espinoza v. Montana Department of Revenue; Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania; The American Legion v. American Humannist Association; Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission; Trinity Lutheran Church of Columbia, Inc. v. Director; Expressions Hair Design v. Schneiderman; Murphy v. National Collegiate Athletic Association Professors and students will benefit from: Lightly edited cases allow students to see the fullest possible analysis of the law. Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. An emphasis on federalism and other oft-marginalized topi compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. A complete examination of Second Amendment rights and executive power.
The Constitution In Wartime
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Author : Mark Tushnet
language : en
Publisher: Duke University Press
Release Date : 2005-01-26
The Constitution In Wartime written by Mark Tushnet and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-26 with Law categories.
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
Some Problems Of The Constitution
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Author : Geoffrey Marshall
language : en
Publisher:
Release Date : 1971
Some Problems Of The Constitution written by Geoffrey Marshall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Constitutional law categories.
The Constitution Today
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Author : Akhil Reed Amar
language : en
Publisher: Basic Books
Release Date : 2016-09-13
The Constitution Today written by Akhil Reed Amar and has been published by Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.
U S Constitution For Dummies
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Author : Michael Arnheim
language : en
Publisher: John Wiley & Sons
Release Date : 2018-06-19
U S Constitution For Dummies written by Michael Arnheim and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-19 with History categories.
Your complete guide to understanding the U.S. Constitution. Want to make sense of the U.S. Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents—and sparked ongoing debates along the way. You’ll get the lowdown on all the big issues—from separation of church and state to impeachment to civil rights—that continue to affect Americans' daily lives. Plus, you’ll find out about U.S. Constitution concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years. Inside, you’ll find fresh examples of Supreme Court Rulings such as same sex marriage and Healthcare Acts such as Obamacare. Explore hot topics like what it takes to be elected Commander in Chief, the functions of the House and Senate, how Supreme Court justices are appointed, and so much more. Trace the evolution of the Constitution Recognize the power of the U.S. Supreme Court Get details on recent Supreme Court decisions Find new examples of the Bill of Rights Constitutional issues are dominating the news—and now you can join the discussion with the help of U.S. Constitution For Dummies.
Public Service Ethics And Constitutional Practice
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Author : John Anthony Rohr
language : en
Publisher:
Release Date : 1998
Public Service Ethics And Constitutional Practice written by John Anthony Rohr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
For civil servants who take an oath to uphold the Constitution, that document is the supreme symbol of political morality. Constitutional issues are addressed by civil servants every day, whenever a policeman arrests a suspect or members of different branches of government meet. But how well do these individuals really understand the Constitution's application in their jobs? This book encourages civil servants to reflect on specific constitutional principles and events and learn to apply them to the decisions they make. Twenty seminal articles by a preeminent scholar seek to legitimate public service by grounding its ethics in constitutional practice. John Rohr stresses that ethical practice demands an immersion in the specifics of our constitutional tradition, and he offers a guide to attaining a greater sense of those constitutional principles that can be translated into action. Along the way he considers such timely issues as financial disclosure, the treatment of civil servants as second-class citizens, and instances of civil servants caught between executive and legislative forces. Rohr's opening essays demonstrate that responsible use of administrative discretion is the key issue for career civil servants. Subsequent sections examine approaches to training civil servants using constitutional principles; character formation resulting from study of the constitutional tradition; and the ethical choices that are sometimes posed by separation of powers. A final group of chapters shows how a study of other countries' constitutional traditions can deepen an understanding of our own, while a closing essay looks at past issues and future prospects in administrative ethics from the perspective of Rohr's long involvement in the field. Throughout this insightful collection, Rohr seeks to remind public servants of the nobility of their calling, reinforce their role in articulating public interests against the excesses of private concerns, and encourage managers to make greater use of constitutional language to describe their everyday activities. Although his work focuses on the federal career civil servant, it also offers valuable lessons applicable to state and local civil servants, elected officials, judges, military personnel, and those employed in the nonprofit sector.