the language of law and the foundations of american constitutionalism

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The Language Of Law And The Foundations Of American Constitutionalism

Author : Gary L. McDowell
ISBN : 9780521192897
Genre : Law
File Size : 85. 55 MB
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Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.

Foundations Of American Constitutionalism

Author : David A. J. Richards
ISBN : 9780195059397
Genre : Performing Arts
File Size : 37. 25 MB
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In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

The Second Creation

Author : Jonathan Gienapp
ISBN : 9780674185043
Genre : History
File Size : 25. 13 MB
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Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

Executive Power In Theory And Practice

Author : H. Liebert
ISBN : 9781137014450
Genre : Business & Economics
File Size : 78. 87 MB
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Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. In this book eleven leading scholars of American politics and political theory address the idea of executive power.

Morality Leadership And Public Policy

Author : Eric Thomas Weber
ISBN : 9781441157461
Genre : Philosophy
File Size : 46. 45 MB
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In Morality, Leadership, and Public Policy, Eric Weber argues for an experimentalist approach to moral theory in addressing practical problems in public policy. The experimentalist approach begins moral inquiry by examining public problems and then makes use of the tools of philosophy and intelligent inquiry to alleviate them. Part I surveys the uses of practical philosophy and answers criticisms - including religious challenges - of the approach, presenting a number of areas in which philosophers' intellectual efforts can prove valuable for resolving public conflicts. Part II presents a new approach to experimentalism in moral theory, based on the insights of John Dewey's pragmatism. Focusing on the elements of good public inquiry and the experimentalist attitude, Weber discusses ways of thinking about the effective construction and reconstruction of particular problems, including practical problems of public policy prioritization. Finally, in Part III the book examines real-world examples in which the experimentalist approach to ethics proves useful, including instances of "bandwidth theft" and the controversies surrounding activist judges in the US Supreme Court.

Law S Imagined Republic

Author : Steven Wilf
ISBN : 9780521196901
Genre : History
File Size : 84. 37 MB
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Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.

The Constitutional Convention Of 1787

Author : John R. Vile
ISBN : 1851096698
Genre : History
File Size : 26. 42 MB
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The pivotal moment in the formation of the United States - The Constitutional Convention - featured battles among factions, compromise between ideologies, and disagreements that nearly derailed the enterprise. The product was a document that still stands as the guide to governing a representative democracy. This impressive encyclopedia shows in detail the lively, contentious, four-month process that produced the foundation of this country. Powerful personalities and powerful ideas formed the Constitution. This work brings the people to life and shows how they brought into being one of the most important documents in history. Drawing on original sources and a wealth of secondary works, the 350 A-Z entries and dozens of sidebars in this encyclopedia present the first-ever comprehensive treatment of all aspects of the Constitutional Convention.

The Madisonian Constitution

Author : George Thomas
ISBN : STANFORD:36105131668480
Genre : Political Science
File Size : 82. 11 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

Crime Histoire Soci T S

Author :
ISBN : UCAL:B4590520
Genre : Crime
File Size : 66. 9 MB
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God And Man In The Law

Author : Robert Lowry Clinton
ISBN : UOM:39015040625512
Genre : Philosophy
File Size : 76. 16 MB
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Is man truly the measure of all things? If so, then perhaps that very premise accounts for our nation's constitutional ills. In a wide-ranging study based on legal history, political theory, and philosophical concepts going all the way back to Plato, Robert Clinton seeks to challenge current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents. Building upon his widely-discussed work Marbury v. Madison and Judicial Review, in which he urged the need for greater judicial accountability, Clinton reviews the transformation of legal traditions through the "Marbury Myth" and advocates a jurisprudence that would constrain capricious judicial interpretation by re-establishing traditional methods of legal analysis and rules of precedent. He seeks to ground constitutional theory in common law reasoning, and to ground common law reasoning in a naturalistic jurisprudence—conceived along Thomistic lines—that presupposes a transcendent source of legal order in the world. Clinton argues that his proposed reorientation is superior to today's most influential approaches to constitutional interpretation, particularly academic moralism and subjective intentionalism. His account of the doctrine of original intention particularly helps to clarify an issue that has until now received much political attention but little scholarly analysis that is not already associated with these prevailing approaches. God and Man in the Law joins a literature that stands at the intersection of political science and the study of law and will enlighten scholars who study constitutional matters in both fields. By focusing on the relation between judicial review and constitutional interpretation, it challenges judges to reclaim the traditions of the past for the sake of democracy's future.

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