constitutional deliberation in congress the impact of judicial review in a separated system constitutional conflicts

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Constitutional Deliberation In Congress

Author : J. Mitchell Pickerill
ISBN : 9780822385677
Genre : Law
File Size : 53. 42 MB
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In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates. Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.

The Madisonian Constitution

Author : George Thomas
ISBN : 1421403269
Genre : Political Science
File Size : 77. 80 MB
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Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.

The Constitution On The Campaign Trail

Author : Andrew Busch
ISBN : 0742559017
Genre : Law
File Size : 47. 87 MB
Format : PDF
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The Constitution is the fundamental governing document of the United States. But to what extent do candidates and parties make constitutional arguments in the course of American elections? By examining party platforms, candidate messages, presidential debates, and television ads, The Constitution on the Campaign Trail answers that question, and the results are fascinating. Busch finds evidence for both a long, broad decline in the use of constitutional rhetoric since the mid-19th century and a limited resurgence in that rhetoric over the last four decades. The political analysis found here is firmly grounded in historical research and the conclusions reached are trenchant.

The American Supreme Court Sixth Edition

Author : Robert G. McCloskey
ISBN : 9780226296920
Genre : History
File Size : 50. 59 MB
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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.

Constitutional Law For A Changing America

Author : Lee Epstein
ISBN : 9781544317939
Genre : Political Science
File Size : 75. 57 MB
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A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. The Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.

The Supreme Court A To Z 4th Edition

Author : Kenneth Jost
ISBN : 0872893359
Genre : Political Science
File Size : 43. 74 MB
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''''Revised and updated to include coverage of significant new cases and the recent changes on the bench, this valuable research tool is the definitive source for information on the Court, its justices, and its impact on American democracy. Written in understandable language for general audiences, The Supreme Court A to Z provides biographies of past and present justices, the history of important cases, and explanations of constitutional principles and legal concepts. ''''Important additions to the fourth edition include:''''New biographies of recently appointed Chief Justice John G. Roberts and Associate Justice Samuel A. Alito''''Updated entries on key issues and concepts including capital punishment, confirmation process, habeas corpus, judicial activism, separation of powers, and many more''''New entries on intellectual property and international law''''With over 350 entries arranged in encyclopedic A-to-Z format, this updated ready reference is a must-have resource for school, academic, public, and special libraries.''''

American Constitutional Interpretation

Author : Walter F. Murphy
ISBN : STANFORD:36105064230282
Genre : Law
File Size : 89. 24 MB
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This undergaduate text uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks?

The Supreme Court And Congress

Author : Louis Fisher
ISBN : STANFORD:36105134405484
Genre : History
File Size : 53. 31 MB
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Traces the history of the U.S. Supreme Court and examines the impact of its decisions on politics and public policy.

The American Legal System

Author : Albert P. Melone
ISBN : 0742547531
Genre : Law
File Size : 71. 8 MB
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Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."

The Supreme Court 9th Edition

Author : Lawrence Baum
ISBN : 1933116854
Genre : Political Science
File Size : 64. 92 MB
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While the Court is always evolving, the changes have been especially sweeping these past few years. Looking closely at the appointments of two new justices and the possible effects of the shift from the Rehnquist Court to the Roberts Court, Baum examines the implications of recent major decisions. Baum explores the Court's rulings on the procedural rights of suspected terrorists as well as the growth in conflict between Congress and the federal courts. --from publisher description

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