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American Constitutionalism

American Constitutionalism Author Howard Gillman
ISBN-10 0190299479
Release 2016-08-02
Pages 800
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In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures. FEATURES Covers all important debates in U.S. constitutionalism, organized by historical era Clearly lays out the political and legal contexts in chapter introductions Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman



American Constitutionalism Volume I Structures of Government

American Constitutionalism  Volume I  Structures of Government Author Howard Gillman
ISBN-10 OCLC:1031492949
Release
Pages
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American Constitutionalism Volume I Structures of Government has been writing in one form or another for most of life. You can find so many inspiration from American Constitutionalism Volume I Structures of Government also informative, and entertaining. Click DOWNLOAD or Read Online button to get full American Constitutionalism Volume I Structures of Government book for free.



American Constitutionalism

American Constitutionalism Author Howard Gillman
ISBN-10 0190299487
Release 2016-08-02
Pages 928
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In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures. FEATURES Covers all important debates in U.S. constitutionalism, organized by historical era Clearly lays out the political and legal contexts in chapter introductions Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman



American Constitutional Law Volume I

American Constitutional Law  Volume I Author Ralph A. Rossum
ISBN-10 0813349966
Release 2016-08-02
Pages 640
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American Constitutional Law, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The Tenth Edition has been fully revised to include seven new cases, including key decisions National Labor Relations Board v. Noel Canning, Zivotofsky v. Kerry, Adoptive Couple v. Baby Girl, Horne v. Department of Agriculture and Comptroller of the Treasure of Maryland v. Wynne. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.



The Constitution Besieged

The Constitution Besieged Author Howard Gillman
ISBN-10 0822316420
Release 1995-02
Pages 317
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The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." Originally published in cloth by Duke University Press, this book received the 1994 C. Herman Pritchett Award for the "Best Book in the Field of Law and Courts," awarded by the Law and Courts Section of the American Political Science Association.



Alexander Hamilton and the Persistence of Myth

Alexander Hamilton and the Persistence of Myth Author Stephen F. Knott
ISBN-10 UOM:39015054420149
Release 2002
Pages 336
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"Knott observes that Thomas Jefferson and his followers, and, later, Andrew Jackson and his adherents, tended to view Hamilton and his principles as "un-American." While his policies generated mistrust in the South and the West, where he is still seen as the founding plutocrat, Hamilton was revered in New England and parts of the mid-Atlantic states. Hamilton's image as a champion of American nationalism caused his reputation to soar during the Civil War, at least in the North. However, in the wake of Gilded Age excesses, progressive and populist political leaders branded Hamilton as the patron saint of Wall Street, and his reputation began to disintegrate."--BOOK JACKET.



American Constitutionalism

American Constitutionalism Author Stephen M. Griffin
ISBN-10 1400822122
Release 1998-07-27
Pages 228
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Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.



Thought and Knowledge

Thought and Knowledge Author Diane F. Halpern
ISBN-10 9781134637867
Release 2013-11-07
Pages 640
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This best-selling textbook, written by award-winning educator and past president of the American Psychological Association, Diane F. Halpern, applies theory and research from the learning sciences to teach students the thinking skills they need to succeed in today's world. This new edition retains features from earlier editions that have helped its readers become better thinkers. A rigorous academic grounding based in cognitive psychology is presented in a clear writing style with a humorous tone and supported by numerous practical examples and anecdotes. Thought and Knowledge, Fifth Edition has been revised to help students meet the challenges of a global neighborhood and make meaningful conclusions from the overwhelming quantity of information now available at the click of a mouse. The skills learned with this text will help students learn more efficiently, research more productively, and present logical, informed arguments. Thought and Knowledge, Fifth Edition is appropriate for use as a textbook in critical thinking courses offered in departments of psychology, philosophy, English, humanities, or as a supplement in any course where critical thinking is emphasized.



Punishment

Punishment Author Terance D. Miethe
ISBN-10 9780521844079
Release 2005
Pages 240
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Punishment in different forms is examined, including corporal and economic punishment.



A New Introduction to American Constitutionalism

A New Introduction to American Constitutionalism Author Mark A. Graber
ISBN-10 9780199338405
Release 2013-10-02
Pages 320
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A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.



Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil Author Mark A. Graber
ISBN-10 1139457071
Release 2006-07-03
Pages
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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.



American Constitutionalism Marriage and the Family

American Constitutionalism  Marriage  and the Family Author Patrick N. Cain
ISBN-10 9781498528184
Release 2016-04-21
Pages 240
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This edited volume in American constitutionalism places the Supreme Court’s declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court’s developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court’s affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court’s recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.



Colonial origins of the American Constitution

Colonial origins of the American Constitution Author Donald S. Lutz
ISBN-10 STANFORD:36105060994543
Release 1998
Pages 396
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This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.



The Establishment Clause

The Establishment Clause Author Leonard W. Levy
ISBN-10 9781469620435
Release 2017-03-01
Pages 300
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Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.



New York s Broken Constitution

New York s Broken Constitution Author Peter J. Galie
ISBN-10 9781438463346
Release 2016-11-15
Pages 340
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Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. “This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailed—and sometimes followed, sometimes disregarded—in the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book.” — Vincent M. Bonventre, Albany Law School “This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention.” — John J. Dinan, author of The American State Constitutional Tradition



The Supreme Court and the Idea of Constitutionalism

The Supreme Court and the Idea of Constitutionalism Author Steven Kautz
ISBN-10 9780812221909
Release 2011-10-03
Pages 328
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From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.



Theory of Societal Constitutionalism

Theory of Societal Constitutionalism Author David Sciulli
ISBN-10 0521410401
Release 1992
Pages 366
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The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.