the constitution in congress democrats and whigs 1829 1861

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The Constitution In Congress

Author : David P. Currie
ISBN : 9780226116280
Genre : Law
File Size : 37. 81 MB
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The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

The Legislative Branch Of Federal Government

Author : Gary P. Gershman
ISBN : 9781851097128
Genre : Political Science
File Size : 46. 18 MB
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Presents a history of the U.S. Congress, describing its powers, structure, and functions, its relationship with other branches of government, and the influence that politics and well-known legislators have on its agenda.

The Encyclopedia Of The Mexican American War

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ISBN : 9781851098538
Genre : Mexican War, 1846-1848
File Size : 33. 20 MB
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The Constitution In Congress

Author : David P. Currie
ISBN : 0226131149
Genre : Law
File Size : 26. 87 MB
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In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

Symposium

Author : Chicago-Kent College of Law
ISBN : STANFORD:36105063814656
Genre : Law
File Size : 76. 38 MB
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The Democratic Constitution

Author : Brian E. Butler
ISBN : 9780226474649
Genre : Law
File Size : 22. 35 MB
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The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Smu Law Review

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ISBN : UCAL:B5102111
Genre : Law reviews
File Size : 51. 33 MB
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Symposium

Author : University of Pennsylvania. Law School
ISBN : STANFORD:36105063815695
Genre : Political Science
File Size : 21. 17 MB
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Constitutional Commentary

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ISBN : UCAL:B5075873
Genre :
File Size : 78. 17 MB
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Reforming The Court

Author : Roger C. Cramton
ISBN : STANFORD:36105063832849
Genre : Law
File Size : 26. 40 MB
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The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required?

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