The Federalist Society And The Challenges To A Democratic Jurisprudence
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The Federalist Society And The Challenges To A Democratic Jurisprudence
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Author : Lee Cokorlinos
language : en
Publisher:
Release Date : 2000-11-01
The Federalist Society And The Challenges To A Democratic Jurisprudence written by Lee Cokorlinos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-01 with Law categories.
Democracy And Distrust
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Author : John Hart Ely
language : en
Publisher: Harvard University Press
Release Date : 1981-08-15
Democracy And Distrust written by John Hart Ely 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 1981-08-15 with Law categories.
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Our Republican Constitution
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Author : Randy E. Barnett
language : en
Publisher: HarperCollins
Release Date : 2016-04-19
Our Republican Constitution written by Randy E. Barnett and has been published by HarperCollins this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with Political Science categories.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
The Myth Of Southern Exceptionalism
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Author : Matthew D. Lassiter
language : en
Publisher: Oxford University Press on Demand
Release Date : 2010
The Myth Of Southern Exceptionalism written by Matthew D. Lassiter and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
"More than one-third of the population of the United States now lives in the South, a region where politics, race relations, and the economy have changed dramatically since World War II. Yet scholars and journalists continue to disagree over whether the modern South is dominating, deviating from, or converging with the rest of the nation. This collection asks how the stories of American history chance if the South is no longer seen as a region apart--as the conservative exception to a liberal nation."--Back cover.
Plutocrats United
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Author : Richard L. Hasen
language : en
Publisher: Yale University Press
Release Date : 2016-01-12
Plutocrats United written by Richard L. Hasen 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 2016-01-12 with Political Science categories.
Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.
The Unsustainable Presidency
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Author : W. Grover
language : en
Publisher: Springer
Release Date : 2014-12-16
The Unsustainable Presidency written by W. Grover and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-16 with Political Science categories.
The Unsustainable Presidency develops a structural theory of the office by challenging and redefining the twin imperatives upon which the modern chief executive was constructed and by applying the theory to the three most recent presidents: Bill Clinton, George W. Bush, and Barack Obama.
The Assault On Diversity
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Author : Lee Cokorinos
language : en
Publisher: Rowman & Littlefield
Release Date : 2003
The Assault On Diversity written by Lee Cokorinos and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
An essential handbook on the complex network of conservative foundations, think tanks, legal advocacy groups, and coordinating structures working to undermine the historic gains of the civil rights movement.
Tackling America S Toughest Questions
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Author : Francis Boyle
language : en
Publisher: SCB Distributors
Release Date : 2010-04-28
Tackling America S Toughest Questions written by Francis Boyle and has been published by SCB Distributors this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-28 with Political Science categories.
Francis A. Boyle may be one of the few international lawyers to have been extensively interviewed by most of the world's major media, both in the United States and abroad--in testament to the stature of his clients, the significance of events in which he has played a role, and to his worldwide reputation for combining international legal expertise with keen political insight. Over a long professional career, his expertise has extended to a wide range of issues related to war and peace: conflicts in the Middle East, Bosnia and elsewhere, nuclear disarmament, biowarfare, and the self-determination rights of oppressed peoples. On September 13, 2001, Boyle's interview on The O'Reilly Factor (FOX News) was explosive. There, he stood up to O'Reilly's drumbeat for war in reaction to the 9/11 terrorist attack, lucidly outlining the politico-legal case against war and speaking directly to the American people. It marked a turning point in his relations with the mainstream American media. The Boyle interviews in this collection reflect the kind of authoritative, objective insight now available in the United States primarily through its alternative media. Here, Francis Boyle addresses hard-hitting questions on the many troubling aspects of US policy since September 11, 2001--the war in Afghanistan from the initial US military intervention to its 2008 escalation, the war on terrorism, Iraq, Iran, Guantanamo, the Patriot Act, impeachment, torture, the antrax attacks, and domestic infringements of the constitution. His insight on domestic and international events, in the framework of both law and politics, provides a comprehensive orientation to understanding the most significant events of the past decade.
Hemp American History Revisited
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Author : Robert Deitch
language : en
Publisher: Algora Publishing
Release Date : 2003
Hemp American History Revisited written by Robert Deitch and has been published by Algora Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
A look at major events in U.S. and world history as they influenced, and as they may have been influenced by, the cultivation and use of hemp.
Toward A More Perfect Union
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Author : Isabelle Katz Pinzler
language : en
Publisher:
Release Date : 2002
Toward A More Perfect Union written by Isabelle Katz Pinzler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Conservatism categories.
