The Oldest Constitutional Question
DOWNLOAD
Download The Oldest Constitutional Question PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Oldest Constitutional Question book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Oldest Constitutional Question
DOWNLOAD
Author : Richard Primus
language : en
Publisher: Harvard University Press
Release Date : 2025-06-03
The Oldest Constitutional Question written by Richard Primus 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 2025-06-03 with History categories.
Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.
Rationing The Constitution
DOWNLOAD
Author : Andrew Coan
language : en
Publisher: Harvard University Press
Release Date : 2019-04-29
Rationing The Constitution written by Andrew Coan 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 2019-04-29 with Law categories.
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
A View Of The Great Constitutional Questions Addressed To The Electors Of The United Kingdom
DOWNLOAD
Author : Kent (pseud.)
language : en
Publisher:
Release Date : 1818
A View Of The Great Constitutional Questions Addressed To The Electors Of The United Kingdom written by Kent (pseud.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1818 with categories.
First Amendment Institutions
DOWNLOAD
Author : Paul Horwitz
language : en
Publisher: Harvard University Press
Release Date : 2013-01-07
First Amendment Institutions written by Paul Horwitz 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 2013-01-07 with Law categories.
Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
51 Imperfect Solutions
DOWNLOAD
Author : Judge Jeffrey S. Sutton
language : en
Publisher: Oxford University Press
Release Date : 2018-05-07
51 Imperfect Solutions written by Judge Jeffrey S. Sutton 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 2018-05-07 with Law categories.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Constitutional Identity
DOWNLOAD
Author : Gary Jeffrey Jacobsohn
language : en
Publisher: Harvard University Press
Release Date : 2010-10-29
Constitutional Identity written by Gary Jeffrey Jacobsohn 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 2010-10-29 with Law categories.
In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony—both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate—is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
The Oldest Constitutional Question
DOWNLOAD
Author : Richard Primus
language : en
Publisher: Harvard University Press
Release Date : 2025-06-03
The Oldest Constitutional Question written by Richard Primus 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 2025-06-03 with Law categories.
Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.
Constitutional Redemption
DOWNLOAD
Author : Jack M. Balkin
language : en
Publisher: Harvard University Press
Release Date : 2011-09-09
Constitutional Redemption written by Jack M. Balkin 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 2011-09-09 with Law categories.
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Hearings Reports And Prints Of The Senate Committee On The Judiciary
DOWNLOAD
Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1979
Hearings Reports And Prints Of The Senate Committee On The Judiciary written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Administrative procedure categories.
Legislative Problems
DOWNLOAD
Author : Robert Luce
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2006
Legislative Problems written by Robert Luce 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 2006 with Law categories.