The Judicial Power Of The United States
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The Judicial Power Of The United States
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Author : John V. Orth
language : en
Publisher: Oxford University Press
Release Date : 1987-01-22
The Judicial Power Of The United States written by John V. Orth 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 1987-01-22 with Law categories.
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
An Essay On Judicial Power And Unconstitutional Legislation
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Author : Brinton Coxe
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
An Essay On Judicial Power And Unconstitutional Legislation written by Brinton Coxe and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Judicial Power Of The United States
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Author : John V. Orth
language : en
Publisher:
Release Date : 1940
Judicial Power Of The United States written by John V. Orth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1940 with categories.
American Judicial Power
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Author : Michael Buenger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
American Judicial Power written by Michael Buenger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
The Judicial Power And The Power Of Congress In Its Relation To The United States Courts
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Author : Alfred Pembroke Thom
language : en
Publisher:
Release Date : 1912
The Judicial Power And The Power Of Congress In Its Relation To The United States Courts written by Alfred Pembroke Thom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Courts categories.
One Supreme Court
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Author : James E Pfander
language : en
Publisher: Oxford University Press
Release Date : 2009-06-04
One Supreme Court written by James E Pfander 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 2009-06-04 with Language Arts & Disciplines categories.
In offering a general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts, and much more.
The Conflict Over Judicial Powers In The United States To 1870
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Author : Charles Grove Haines
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2001
The Conflict Over Judicial Powers In The United States To 1870 written by Charles Grove Haines and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Judicial power categories.
Haines shows the gradual development of judicial power and authority through this study of conflicting opinions over the right of the judiciary to nullify legislative acts, which includes discussion of resistance from the states, attitudes about the slavery controversy and the effects of Jacksonian democracy. This title was originally published in the Columbia University series Studies in History, Economics and Public Law. Contents Chapter I: Judicial Powers Before the Adoption of the Federal Constitution Chapter II: Early Conflicts Over Judicial Nullification by Federal Courts Chapter III: Extension of Federal Judicial Authority Chapter IV: Conflicts Over the Extension of Judicial Authority Chapter V: Principles of the Jacksonian Democracy Chapter VI: Judicial Powers from 1856 to 1870 180 pp.
Commentaries On The Jurisdiction Practice And Peculiar Jurisprudence Of The Courts Of The United States
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Author : George Ticknor Curtis
language : en
Publisher:
Release Date : 1854
Commentaries On The Jurisdiction Practice And Peculiar Jurisprudence Of The Courts Of The United States written by George Ticknor Curtis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1854 with Constitutional law categories.
The Judicial Power Of The United States
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Author : Robert Jennings Harris
language : en
Publisher:
Release Date : 1940
The Judicial Power Of The United States written by Robert Jennings Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1940 with Judicial power categories.
Judicial Power
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Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Judicial Power written by Christine Landfried 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 2019-02-07 with Law categories.
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
