A New Introduction to American Constitutionalism

Author: Mark A. Graber

Publisher: Oxford University Press

ISBN: 0190245239

Category: Law

Page: 292

View: 1114

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.

The Oxford Handbook of the U.S. Constitution

Author: Mark V. Tushnet,Sanford Levinson,Mark A. Graber

Publisher: Oxford University Press, USA

ISBN: 0190245751

Category: Constitutional law

Page: 1095

View: 1154

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Comparative Matters

The Renaissance of Comparative Constitutional Law

Author: Ran Hirschl

Publisher: OUP Oxford

ISBN: 0191023884

Category: Law

Page: 304

View: 371

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Comparative Constitutional Theory

Author: Gary Jacobsohn,Miguel Schor

Publisher: Edward Elgar Publishing

ISBN: 1784719137

Category:

Page: 552

View: 658

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: OUP USA

ISBN: 0195378334

Category: History

Page: 281

View: 5453

The Revolutionary Constitution examines how the Constitution has served as a dynamic and contested framework for legitimating power and advancing liberty in which our past concerns and experiences influence our present understanding. Informed by the latest scholarship, the book is an interpretive synthesis linking constitutional history with American political and social history.

The American State from the Civil War to the New Deal

The Twilight of Constitutionalism and the Triumph of Progressivism

Author: Paul D. Moreno

Publisher: Cambridge University Press

ISBN: 1107067715

Category: History

Page: N.A

View: 6552

This book tells the story of constitutional government in America during the period of the 'social question'. After the Civil War and Reconstruction, and before the 'second Reconstruction' and cultural revolution of the 1960s, Americans dealt with the challenges of the urban and industrial revolutions. In the crises of the American Revolution and the Civil War, the American founders - and then Lincoln and the Republicans - returned to a long tradition of Anglo-American constitutional principles. During the Industrial Revolution, American political thinkers and actors gradually abandoned those principles for a set of modern ideas, initially called progressivism. The social crisis, culminating in the Great Depression, did not produce a Lincoln to return to the founders' principles, but rather a series of leaders who repudiated them. Since the New Deal, Americans have lived in a constitutional twilight, not having completely abandoned the natural-rights constitutionalism of the founders, nor embraced the entitlement-based welfare state of modern liberalism.

The Power of Separation

American Constitutionalism and the Myth of the Legislative Veto

Author: Jessica Korn

Publisher: Princeton University Press

ISBN: 9780691058566

Category: Law

Page: 178

View: 6134

Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.

Journal of the Civil War Era

Winter 2013 Issue -- PROCLAIMING EMANCIPATION AT 150: A SPECIAL ISSUE

Author: William A. Blair

Publisher: UNC Press Books

ISBN: 1469608995

Category: History

Page: 310

View: 1569

The Journal of the Civil War Era Volume 3, Number 4 December 2013 TABLE OF CONTENTS SPECIAL ISSUE: PROCLAIMING EMANCIPATION AT 150 Articles Introduction Martha S. Jones, Guest Editor History and Commemoration: The Emancipation Proclamation at 150 James Oakes Reluctant to Emancipate? Another Look at the First Confiscation Act Stephen Sawyer & William J. Novak Emancipation and the Creation of Modern Liberal States in America and France Thavolia Glymph Rose's War and the Gendered Politics of a Slave Insurgency in the Civil War Martha Jones Emancipation Encounters: The Meaning of Freedom from the Pages of Civil War Sketchbooks Book Reviews Books Received Notes on Contributors

An Historical Introduction to Western Constitutional Law

Author: R. C. van Caenegem

Publisher: Cambridge University Press

ISBN: 9780521476935

Category: Law

Page: 338

View: 8898

Professor van Caenegem's new book addresses fundamental questions of constitutional organization--democracy versus autocracy, unitary versus federal organization, pluralism versus intolerance--by analyzing different models of constitutional government through a historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative that begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union.

Latin American Constitutionalism,1810-2010

The Engine Room of the Constitution

Author: Roberto Gargarella

Publisher: Oxford University Press

ISBN: 0199937966

Category: History

Page: 283

View: 4942

This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 2091

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.

New Constitutionalism and World Order

Author: Stephen Gill,A. Claire Cutler

Publisher: Cambridge University Press

ISBN: 1139868187

Category: Political Science

Page: N.A

View: 7942

This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.

Law and New Governance in the EU and the US

Author: Gráinne de BÃorca,Joanne Scott

Publisher: Bloomsbury Publishing

ISBN: 1847310400

Category: Law

Page: 440

View: 8400

New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.

The Civil Law Tradition, 3rd Edition

An Introduction to the Legal Systems of Europe and Latin America

Author: John Henry Merryman,Rogelio Pérez-Perdomo

Publisher: Stanford University Press

ISBN: 0804768331

Category: Law

Page: 192

View: 4742

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.

Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 856

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.

Christian Reconstruction

R. J. Rushdoony and American Religious Conservatism

Author: Michael J. McVicar

Publisher: UNC Press Books

ISBN: 1469622750

Category: Religion

Page: 326

View: 2260

This is the first critical history of Christian Reconstruction and its founder and champion, theologian and activist Rousas John Rushdoony (1916–2001). Drawing on exclusive access to Rushdoony's personal papers and extensive correspondence, Michael J. McVicar demonstrates the considerable role Reconstructionism played in the development of the radical Christian Right and an American theocratic agenda. As a religious movement, Reconstructionism aims at nothing less than "reconstructing" individuals through a form of Christian governance that, if implemented in the lives of U.S. citizens, would fundamentally alter the shape of American society. McVicar examines Rushdoony's career and traces Reconstructionism as it grew from a grassroots, populist movement in the 1960s to its height of popularity in the 1970s and 1980s. He reveals the movement's galvanizing role in the development of political conspiracy theories and survivalism, libertarianism and antistatism, and educational reform and homeschooling. The book demonstrates how these issues have retained and in many cases gained potency for conservative Christians to the present day, despite the decline of the movement itself beginning in the 1990s. McVicar contends that Christian Reconstruction has contributed significantly to how certain forms of religiosity have become central, and now familiar, aspects of an often controversial conservative revolution in America.

Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

Author: Jennifer Nedelsky

Publisher: University of Chicago Press

ISBN: 9780226569710

Category: Law

Page: 358

View: 6842

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.

Foundations of American Constitutionalism

Author: David A. J. Richards

Publisher: Oxford University Press

ISBN: 9780195363111

Category: Philosophy

Page: 338

View: 7979

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.

Ex Uno Plura

State Constitutions and Their Political Cultures

Author: N.A

Publisher: SUNY Press

ISBN: 0791486729

Category: Constitutional history

Page: 328

View: 741


Judiciary and American Democracy, The

Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional Theory

Author: Kenneth D. Ward

Publisher: SUNY Press

ISBN: 9780791482773

Category: Law

Page: 204

View: 4408

Examines recent debates in constitutional theory in light of the work of Alexander Bickel.