constructing civil liberties discontinuities in the development of american constitutional law

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Constructing Civil Liberties

Author : Ken I. Kersch
ISBN : 0521010551
Genre : History
File Size : 70. 5 MB
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This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

Routledge Revivals Encyclopedia Of American Civil Liberties 2006

Author : Paul Finkelman
ISBN : 9781351269902
Genre : Political Science
File Size : 20. 10 MB
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Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Encyclopedia Of American Civil Liberties

Author : Paul Finkelman
ISBN : 9781135947057
Genre : Law
File Size : 29. 82 MB
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This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

The Lovers Quarrel

Author : Elvin T. Lim
ISBN : 9780199323951
Genre : History
File Size : 84. 22 MB
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.

Constitutional Law And Politics Civil Rights And Civil Liberties

Author : David M. O'Brien
ISBN : 0393930394
Genre : Law
File Size : 62. 48 MB
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Now in its Seventh Edition, Constitutional Law and Politics remains the authoritative casebook for the study of Supreme Court decisions in political science courses.

The Bill Of Rights In Modern America

Author : David J. Bodenhamer
ISBN : STANFORD:36105131780947
Genre : Political Science
File Size : 31. 10 MB
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This newly revised and expanded edition ofThe Bill of Rights in Modern Americacaptures the noisy and potentially defining national debate about the nature and extent of our individual rights. Free speech, the separation of church and state, public safety and gun control, property rights, the rights of criminals and victims, the limits of law enforcement, the death penalty, affirmative action, the right to privacy, abortion, states' rights-the Bill of Rights has been evoked as the legal basis for every one of these issues. Twelve distinguished legal scholars discuss the history and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens.

The Oxford Guide To United States Supreme Court Decisions

Author : Kermit Hall
ISBN : STANFORD:36105134447189
Genre : Law
File Size : 88. 59 MB
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Here are the landmark decisions that have shaped American life, described by some of America's most eminent legal scholars. The new edition contains more than 450 entries on major cases, including 53 new entries on the latest landmark rulings. This outstanding guide serves as an excellent introduction to the work of the Court from the late eighteenth century to the present day.

The Madisonian Constitution

Author : George Thomas
ISBN : STANFORD:36105131668480
Genre : Political Science
File Size : 34. 18 MB
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Today, we think of constitutional questions as being settled by the Supreme Court.But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States' political history -- the Civil War and Reconstruction, the Progressive Era, Franklin Delano Roosevelt's presidency and the New Deal, and the Reagan revolution -- to illustrate the Madisonian view that the present rise of judicial supremacy actually runs counter to the Constitution as established at the nation's founding. George Thomas opens by discussing how the Constitution encourages an antagonistic approach to settling disputes, thereby preserving itself as the nation's fundamental law rather then ceding that role to the president, Congress, or Supreme Court. In considering the four historical case studies, he focuses on judicial interpretations and the political branches' responses to them to demonstrate that competing conceptions of constitutional authority and meaning, as well as intergovernmental disputes themselves -- rather than any specific outcome -- strengthen the nature of the nation's founding document as a political instrument. 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. -- Michael P. Zuckert

Michigan Law Review

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ISBN : NYPL:33433060887795
Genre : Law
File Size : 30. 40 MB
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Choice

Author :
ISBN : STANFORD:36105122345049
Genre : Academic libraries
File Size : 24. 15 MB
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