Constitutional Law for a Changing America

Rights, Liberties, and Justice

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1506380328

Category: Political Science

Page: 792

View: 2509

Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows you how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and “Aftermath” boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text helps you develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties.

Constitutional Law for a Changing America

Institutional Powers and Constraints

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1483384071

Category: Political Science

Page: 784

View: 2367

Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

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: 4930

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.

Courts, Judges, and Politics

Author: Lee Epstein, Dr.,C. Herman Pritchett,Jack Knight,Walter F Murphy

Publisher: McGraw-Hill Education

ISBN: 9780072977059

Category: Political Science

Page: 816

View: 2746

This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.

Congress Confronts the Court

The Struggle for Legitimacy and Authority in Lawmaking

Author: Colton C. Campbell,John F. Stack Jr.

Publisher: Rowman & Littlefield Publishers

ISBN: 0585389020

Category: Political Science

Page: 160

View: 4258

The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.

American Judicial Process

Myth and Reality in Law and Courts

Author: Pamela C. Corley,Artemus Ward,Wendy L. Martinek

Publisher: Routledge

ISBN: 113628656X

Category: Political Science

Page: 474

View: 718

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Reason in Law

Ninth Edition

Author: Lief H. Carter,Thomas F. Burke

Publisher: University of Chicago Press

ISBN: 022632821X

Category: Political Science

Page: 288

View: 1684

Over the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

The War on the Bill of Rights and the Gathering Resistance

Author: Nat Hentoff

Publisher: N.A

ISBN: 9781583226582

Category: History

Page: 232

View: 6225

Hentoff adds fifty pages of new material for the paperback edition of his hot-selling jeremiad. It has been lauded as the clearest, strongest declaration of defiance against the Bush administration's attempted rollback of US civil liberties. Hentoff offers exclusive reporting on grassroots citizens' resistance groups and expertly summarises the latest developments, including key Supreme Court verdicts from July 2004.

Seeking justices

the judging of Supreme Court nominees

Author: Michael Comiskey

Publisher: Univ Pr of Kansas

ISBN: 9780700613465

Category: Law

Page: 287

View: 8713

In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We

Understanding Supreme Court Opinions, CourseSmart eTextbook

Author: T.R. van Geel

Publisher: Routledge

ISBN: 1317342763

Category: Political Science

Page: 192

View: 1308

Going beyond the standard interpretation of Supreme Court opinions, this practical text delves into the legal reasoning behind the written opinions - the modes of persuasion and justification used by Supreme Court justices - to give readers a deeper understanding of how to read and interpret the decisions of our highest court. An indispensable supplement to any constitutional law casebook, the sixth edition has been thoroughly updated, incorporating new material throughout the book on recent opinions issued by the Supreme Court. It also includes a new Chapter 9, which discusses in greater depth the briefing of a case - Seattle School District No. 1;- and its analysis.

Storm Center

The Supreme Court in American Politics

Author: David M. O'Brien

Publisher: W. W. Norton

ISBN: 9780393603538

Category: Political Science

Page: 375

View: 8861

In an engaging narrative, David M. O'Brien shows how the Supreme Court is a "storm center" of political controversy, where personality, politics, law, and justice come together to help determine the course of public policy and shape American society. The Eleventh Edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Scalia's seat and the landmark decision for marriage equality in Obergefell v. Hodges, making this the most exciting edition of Storm Center yet.

Our Republican Constitution

Securing the Liberty and Sovereignty of We the People

Author: Randy E. Barnett

Publisher: HarperCollins

ISBN: 0062412302

Category: Political Science

Page: 320

View: 4812

A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Constitution Today

Timeless Lessons for the Issues of Our Era

Author: Akhil Reed Amar

Publisher: Basic Books

ISBN: 0465096344

Category: Law

Page: 464

View: 9765

"I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar."--Jeremy Waldron, New York Review of Books When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades--from gun control to gay marriage, affirmative action to criminal procedure, presidential dynasties to congressional dysfunction, Bill Clinton's impeachment to Obamacare. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Leading readers through the constitutional questions at stake in each episode while outlining his abiding views regarding the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.

The Law

Author: Frederic Bastiat

Publisher: Cosimo, Inc.

ISBN: 1596059648

Category: Business & Economics

Page: 68

View: 9845

French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

The Supreme Court

Author: Lawrence Baum

Publisher: CQ Press

ISBN: 1483376133

Category: Political Science

Page: 264

View: 3351

The Supreme Court, Twelfth Edition, examines all major aspects of the highest court in the nation, from the selection of justices and agenda creation to the decision-making process and the Court’s impact on government and U.S. society. Delving deeply into personalities and procedures, author Lawrence Baum provides a balanced explanation of the Court’s actions and the behavior of its justices as he reveals its complexity, reach, and influence. This new edition gives particular attention to current developments such as the impact of political polarization on the Court, the justices’ increasingly public roles, and recent rulings on same-sex marriage and health care.

Magna Carta

Author: Anonymous

Publisher: Sovereign via PublishDrive

ISBN: 1909676519

Category: History

Page: 30

View: 2223

The Magna Carta, issued in 1215 by King John. 'No free man shall be seized or imprisoned, or stripped of his rights or possessions ... except by the lawful judgement of his peers...To no one will we sell, to no one deny or delay right or justice.' Although not originally intended as a bill of rights, Magna Carta was used in these terms whenever people's liberties were challenged and is celebrated today as England's eary form of democracy. The continuing symbolic significance of Magna Carta was shown when the universal Declaration of Human Rights was presented to the United Nations in 1948 as a 'Magna Carta for the future'.

The Strategic Constitution

Author: Robert Cooter

Publisher: Princeton University Press

ISBN: 9780691096209

Category: Law

Page: 412

View: 877

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.