Mcculloch V Maryland At 200
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Mcculloch V Maryland At 200
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Author : Gary Schmitt
language : en
Publisher: AEI Press
Release Date : 2020-09-15
Mcculloch V Maryland At 200 written by Gary Schmitt and has been published by AEI Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
In recognition of the 200th anniversary of the Supreme Court’s landmark decision in McCulloch v. Maryland, AEI’s Program on American Citizenship commissioned five distinguished scholars to author essays keyed to that decision. The program hosted a panel discussion with the authors to present their initial drafts in February 2019. The chapters of this edited volume are the finalized versions of those essays.
Mcculloch V Maryland At 200
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Author : Gary Schmitt
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2020-05-21
Mcculloch V Maryland At 200 written by Gary Schmitt 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 2020-05-21 with categories.
In recognition of the 200th anniversary of the Supreme Court's landmark decision in McCulloch v. Maryland, AEI's Program on American Citizenship commissioned five distinguished scholars to author essays keyed to that decision. The program hosted a panel discussion with the authors to present their initial drafts in late February 2019. The chapters of this edited volume are the finalized versions of those essays.
The Spirit Of The Constitution
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Author : David S. Schwartz
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Spirit Of The Constitution written by David S. Schwartz and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with History categories.
The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
M Culloch V Maryland
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Author : Mark Robert Killenbeck
language : en
Publisher:
Release Date : 2006
M Culloch V Maryland written by Mark Robert Killenbeck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Business & Economics categories.
Chronicles one of the first--and most famous--cases to define the reach and power of the federal government over the states. It addressed two questions: Did Congress have the authority to establish a national bank? And was the Maryland law used to tax that bank interfering with the federal government's constitutional authority? In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both questions.
Repugnant Laws
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Author : Keith E. Whittington
language : en
Publisher: University Press of Kansas
Release Date : 2020-05-18
Repugnant Laws written by Keith E. Whittington and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-18 with Political Science categories.
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
I Dissent
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Author : Mark Tushnet
language : en
Publisher: Beacon Press
Release Date : 2008-06-01
I Dissent written by Mark Tushnet and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with Law categories.
For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
John Marshall And The Heroic Age Of The Supreme Court
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Author : R. Kent Newmyer
language : en
Publisher: LSU Press
Release Date : 2007-04-01
John Marshall And The Heroic Age Of The Supreme Court written by R. Kent Newmyer and has been published by LSU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-01 with Law categories.
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
The Constitution Of Risk
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Author : Adrian Vermeule
language : en
Publisher: Cambridge University Press
Release Date : 2014
The Constitution Of Risk written by Adrian Vermeule and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Constitutional Dialogues
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Author : Louis Fisher
language : en
Publisher:
Release Date : 2016-04-19
Constitutional Dialogues written by Louis Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with categories.
Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Federalism And The Tug Of War Within
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Author : Erin Ryan
language : en
Publisher: Oxford University Press
Release Date : 2012-01-12
Federalism And The Tug Of War Within written by Erin Ryan 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 2012-01-12 with Law categories.
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.