Constitutional

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to...

This examination of the Freedom of Information Act (FOIA) traces the American origins of the belief that the citizens of a democracy have a natural right to know about the workings of their government. The issue began in the colonies and came to a head...

The new Judicial Federalism is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Barry Latzer provides the most thorough treatment available of the criminal law...

This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political...

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the...

Students learn about the Establishment Clause and the Free Exercise Clause of the First Amendment and discover how just 16 words in the U.S. Constitution inaugurated a debate that continues to this day. The author objectively follows the debate in...

Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights...

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President,...

The U.S. Constitution contains several limitations on the national taxing power. These limitations are almost always ignored due to the assumption that Congress is unconstrained in imposing taxes. The Taxing Power proves that assumption faulty by...

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and...

"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States...

This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators...

Herman provides an analysis and reference guide for the rights that the Sixth Amendment guarantees in all criminal prosecutions. She provides a history of the generation of each right from ancient times through the present. The public trial chapters...

This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the...

As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that...

Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how...

For nearly 20 years, William Hubbs Rehnquist served as the 16th Chief Justice of the United States Supreme Court. During these two decades, the Court issued major decisions involving federalism, abortion, affirmative action, civil rights, privacy, and...

Noted experts examine America's power to go to war historically and recently, now that the Cold War has ended. They propose ways that the Congress and the president might develop a new working consensus for dealing with the use of military or...

Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780275921859Format HardbackPage Count 225Imprint Praeger Publishers IncPublisher Bloomsbury Publishing Plc

Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed in Article I, Section 9, of the United States Constitution. Most of these represent constraints on...

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive...

Although this book was envisaged as a joint venture and bears the name of both Pollock and Maitland, it is substantially the work of Maitland. It was recognised at once as a masterpiece and has since been accepted as one of the great histories in the...

If the FBI asks local law enforcement agencies to interrogate Arab and Muslim men within their jurisdictions, may the Detroit Chief of Police decline to do so? Would allowing the federal government to insist on local assistance be an example of...

Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and...

This needed resource, written specifically for students and general readers, provides accessible discussions of 74 landmark Supreme Court cases that will help students understand the cases and their importance in American history. Cases selected for this...

Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution...

The right to keep and bear arms was considered a fundamental, individual right in the original 14 states (the 13 colonies and Vermont) from the pre-Revolutionary period through the adoption of the federal Bill of Rights in 1791. A Right to Bear Arms is...

Although the Equal Rights Amendment failed to be ratified by the necessary three-quarters majority of the states, the central questions and events that surrounded the campaign for ratification persist as mainstream issues. This annotated bibliography...

In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources...

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to...

Sheffer deals with some of the oldest continuing constitutional problems confronting the American government: the judicial development of presidential war powers, potential constitutional dictatorship, and a wartime constitution. What enhances these...

Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of...

When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against...

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar...

Drawing upon David Hume's observation that, on the one hand people readily submit to authority, while on the other hand, authority depends on their opinion, Keepers of the Common Good examines the intricate interplay between opinion and submission to...

This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning...

Alignment between governmental outputs and popular preferences is a core democratic value. For the people genuinely to rule, their government should heed their wishes. Yet alignment is not appreciated by election law scholarship, much of which focuses on...

This book tackles the most pressing problems of contemporary free speech law by examining where the idea of free expression came from in the first place, applying the lessons of the past to address the challenges of the present. Free speech cannot be...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9789059316089Author Lisanne GroenFormat PaperbackPage Count 136Imprint Eleven International PublishingPublisher Eleven International Publishing