Our Elusive Constitution
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Our Elusive Constitution
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Author : Daniel N. Hoffman
language : en
Publisher: State University of New York Press
Release Date : 1997-08-14
Our Elusive Constitution written by Daniel N. Hoffman and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-08-14 with Political Science categories.
This volume explores the relationship between religion and politics. It brings a varied sample of richly detailed comparative and case studies together with a set of analytical paradigms in an integrated framework. It is a major statement on a timely subject, and a plea for the acknowledgment of normative pluralism as firmly rooted in the history of religion. The editor shows that the fact of political diversity in the history of world religions compels the acceptance of pluralism as a normative principle.
Our Elusive Constitution
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Author : Daniel N. Hoffman
language : en
Publisher: SUNY Press
Release Date : 1997-08-14
Our Elusive Constitution written by Daniel N. Hoffman and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-08-14 with Political Science categories.
This volume explores the relationship between religion and politics. It brings a varied sample of richly detailed comparative and case studies together with a set of analytical paradigms in an integrated framework. It is a major statement on a timely subject, and a plea for the acknowledgment of normative pluralism as firmly rooted in the history of religion. The editor shows that the fact of political diversity in the history of world religions compels the acceptance of pluralism as a normative principle.
New York S Broken Constitution
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Author : Peter J. Galie
language : en
Publisher: State University of New York Press
Release Date : 2016-11-15
New York S Broken Constitution written by Peter J. Galie and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-15 with Political Science categories.
Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. Peter J. Galie is Professor Emeritus of Political Science at Canisius College. Christopher Bopst is Chief Legal and Financial Officer at Sam-Son Logistics. They are the coauthors of The New York State Constitution, Second Edition. Gerald Benjamin is SUNY Distinguished Professor of Political Science and Director of the Benjamin Center at the State University of New York at New Paltz. He is coauthor (with Daniel L. Feldman) of Tales from the Sausage Factory: Making Laws in New York State, also published by SUNY Press, and coeditor (with Henrik N. Dullea) of Decision 1997: Constitutional Change in New York.
The Foundations And Traditions Of Constitutional Amendment
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13
The Foundations And Traditions Of Constitutional Amendment written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
The Constitutional Origins Of The American Civil War
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Author : Michael F. Conlin
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
The Constitutional Origins Of The American Civil War written by Michael F. Conlin 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 2019-07-18 with History categories.
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Our Unsettled Constitution
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Author : Louis Michael Seidman
language : en
Publisher: Berghahn Books
Release Date : 2001
Our Unsettled Constitution written by Louis Michael Seidman and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
The Naked Constitution
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Author : Adam Freedman
language : en
Publisher: Harper Collins
Release Date : 2012-10-09
The Naked Constitution written by Adam Freedman and has been published by Harper Collins this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-09 with Political Science categories.
In the spirit of Glenn Beck’s Original Argument comes a lively manifesto on the need to recover the original meaning of the Constitution. From law school classrooms to the halls of Congress, America’s elites have come to regard the Constitution as a mere decorative parchment to be kept under glass at the National Archives. In The Naked Constitution, conservative legal scholar Adam Freedman defends the controversial doctrine of originalism as the only way to restore the Founding Fathers’ vision of American liberty. Freedman argues that the fashionable “Living Constitution” theory has been used by judges and politicians since the Progressive Era of the early 1900s to centralize power in Washington and to threaten individual freedom. The Naked Constitution explains the fundamental themes animating America’s founding charter: limited government, federalism, separation of powers, and individual liberty. Freedman explores the nature of each of the three branches of government as well as the key individual rights enshrined in the Constitution to show how original meaning can help answer the most pressing questions facing America today: Can the president invade another country without the approval of Congress? Can he assassinate or spy on American citizens in the name of fighting terror? Do corporations have the same “free speech” rights as individuals? Can the federal government coerce states to adopt particular policies, or force individuals to buy insurance? Ultimately, Freedman calls for a new constitutional convention that will free the nation from capricious courts and idiosyncratic judges, and limit the growth of government for decades to come.
Constitutional Construction
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Author : Keith E. Whittington
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
Constitutional Construction written by Keith E. Whittington 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 2009-06-01 with Law categories.
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Constitutional Dialogues In Comparative Perspective
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Author : S. Kenney
language : en
Publisher: Springer
Release Date : 1999-01-28
Constitutional Dialogues In Comparative Perspective written by S. Kenney and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-28 with Political Science categories.
From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
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