the supreme court and the constitution

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The Supreme Court And The Constitution

Author : Ernest Young
ISBN : 1628100303
Genre :
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The changed title for the second edition of Professor Young's constitutional law casebook reflects the book's expanded coverage of individual rights. The new edition retains both the first edition's historically-sequenced survey of leading cases from Marbury to Casey and its in-depth focus on contemporary doctrine concerning federalism and separation of powers. But it adds lengthy survey chapters on Due Process and Equal Protection, as well as a final chapter integrating both strands of rights doctrine through a case study of gay rights. Introductory material and notes have been updated throughout, and new principal cases include NFIB v. Sebelius, Zivotofsky v. Kerry, and Obergefell v. Hodges. As before, this casebook is designed to facilitate the introductory Constitutional Law courses taught in most law schools, rather than to attempt a comprehensive survey of the subject. The new edition does offer considerably more flexibility, however, in calibrating the balance between structural issues and individual rights.

The Constitution In The Supreme Court

Author : David P. Currie
ISBN : 0226131092
Genre : Law
File Size : 60. 4 MB
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Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

Uncertain Justice

Author : Laurence Tribe
ISBN : 9780805099133
Genre : Political Science
File Size : 26. 10 MB
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With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

America S Lone Star Constitution

Author : Lucas A. Powe Jr.
ISBN : 9780520970014
Genre : Law
File Size : 31. 78 MB
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Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

The Supreme Court The Constitution And Presidential Power

Author : Michael A. Genovese
ISBN : 0819113220
Genre : Law
File Size : 73. 81 MB
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To find out more information about Rowman & Littlefield titles please visit us at www.rowmanlittlefield.com.

Methods Of Interpretation

Author : Lackland H. Bloom (Jr.)
ISBN : STANFORD:36105134432298
Genre : Law
File Size : 53. 41 MB
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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

The Velvet Coup

Author : Daniel Lazare
ISBN : 1859846335
Genre : Political Science
File Size : 56. 92 MB
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Argues that the Constitution is responsible for subverting democracy in America, discussing the problems caused by the separation of powers and advocating for the end of constitutional constraints.

Equity And The Constitution

Author : Gary L. McDowell
ISBN : 9780226558141
Genre : Law
File Size : 70. 11 MB
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Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries? In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.

The Supreme Court And The Constitution

Author : Charles A. Beard
ISBN : 9780486149615
Genre : Political Science
File Size : 51. 88 MB
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A thorough analysis of the early history and development of judicial review, this book by a preeminent scholar ranks among the most cited and highly regarded texts on law and government.

Dissent And The Supreme Court

Author : Melvin I. Urofsky
ISBN : 9781101870631
Genre : Law
File Size : 37. 47 MB
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From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so. (With black-and-white illustrations throughout.) From the Hardcover edition.

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