The Constitution in Congress

Democrats and Whigs, 1829-1861

Author: David P. Currie

Publisher: University of Chicago Press

ISBN: 022611628X

Category: Law

Page: 344

View: 6629

The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

The Legislative Branch of Federal Government

People, Process, and Politics

Author: Gary P. Gershman

Publisher: ABC-CLIO

ISBN: 1851097120

Category: Political Science

Page: 511

View: 2190

Presents a history of the U.S. Congress, describing its powers, structure, and functions, its relationship with other branches of government, and the influence that politics and well-known legislators have on its agenda.

Impeachment: What Everyone Needs to Know®

Author: Michael J. Gerhardt

Publisher: Oxford University Press

ISBN: 0190903678

Category: Law

Page: 144

View: 4020

Impeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

Constitutional Law for a Changing America

Institutional Powers and Constraints

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1483384063

Category: Political Science

Page: 784

View: 5947

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 Constitution in Congress

The Federalist Period, 1789-1801

Author: David P. Currie

Publisher: University of Chicago Press

ISBN: 9780226131146

Category: Law

Page: 327

View: 8956

In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

SMU Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law reviews

Page: N.A

View: 6692

Symposium

the future of unenumerated rights : part three of three

Author: University of Pennsylvania. Law School

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 272

View: 8097

Symposium

150th anniversary of the Dred Scott decision

Author: Chicago-Kent College of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 548

View: 4456

The Democratic Constitution

Experimentalism and Interpretation

Author: Brian E. Butler

Publisher: University of Chicago Press

ISBN: 022647464X

Category: Law

Page: 248

View: 1248

The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Reforming the Court

Term Limits for Supreme Court Justices

Author: Roger C. Cramton,Paul D. Carrington

Publisher: N.A

ISBN: N.A

Category: Law

Page: 505

View: 2551

The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required?

Andrew Jackson and the Constitution

The Rise and Fall of Generational Regimes

Author: Gerard N. Magliocca

Publisher: N.A

ISBN: N.A

Category: Biography & Autobiography

Page: 186

View: 1323

Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.

McCulloch v. Maryland

Author: Mark Robert Killenbeck

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Business & Economics

Page: 227

View: 2182

Federalism--including its meanings and limits--remains one of the most contested principles in constitutional law. To fully understand its importance, we must turn to a landmark decision nearly two centuries old. M'Culloch v. Maryland (1819) is widely regarded as the Supreme Court's most important and influential decision--one that essentially defined the nature and scope of federal authority and its relationship to the states. Mark Killenbeck's sharply insightful study helps us understand why. Killenbeck recounts how the cashier of the Baltimore branch of the Second Bank of the United States refused to pay Maryland's tax on the bank and how that act precipitated a showdown in the Supreme Court, which addressed two questions: whether the U.S. Congress had the authority to establish a national bank and whether Maryland's tax on the bank was barred by the Constitution. In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both, authorizing the federal government to exercise powers not expressly articulated in the Constitution--and setting an alarming precedent for states-rights advocates. The issues at the heart of M'Culloch are as important today as they were then: the nature and scope of federal constitutional authority, the division of authority between federal and state governments, and the role of the Supreme Court in interpreting and applying the Constitution. Situating the case within the protracted debate about the bank and about federal-state relations, the Panic of 1819, the fate of the Second Bank following the Court's momentous decision, and the ever-expanding and increasingly contentious debate over slavery, Killenbeck's bookprovides a virtual constitutional history of the first fifty years of the nations. As such, it shows that the development of the Constitution as a viable governing document took place over time and that M'Culloch, with its very broad reading of federal power, marked a turning point for the Constitution, the Court, and the nation. As the Court continues to reshape the boundaries of federal power. M'Culloch looms large as a precedent in a debate that has never been fully settled. And as states today grapple with such questions as abortion, gay rights, medical marijuana, or assisted suicide, this book puts that precedent in perspective and offers a firm grasp of its implications for the future.

Reconstructing the Levees

The Politics of Flooding in Nineteenth-century Louisiana

Author: Cynthia R. Poe

Publisher: N.A

ISBN: N.A

Category: Flood control

Page: 291

View: 7579

The Paradox of Constitutionalism

Constituent Power and Constitutional Form

Author: Martin Loughlin,Neil Walker

Publisher: Oxford University Press, USA

ISBN: 9780199204960

Category: Law

Page: 375

View: 3281

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

Michigan Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 1252

Symposium

executive power, exploring the limits of Article II.

Author: James E. Beasley School of Law of Temple University

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 236

View: 6228

The journal of legal studies

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Electronic journals

Page: N.A

View: 8743

Symposium

the most disparaged branch : the role of Congress in the twenty-first century

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: N.A

View: 9670

We Have Not a Government

The Articles of Confederation and the Road to the Constitution

Author: George William Van Cleve

Publisher: University of Chicago Press

ISBN: 022648050X

Category: History

Page: 390

View: 4371

In between the Declaration of Independence and the U.S. Constitutions, our nation was governed by a much lesser known--and lesser written about--document called the Articles of Confederation. Unlike many other books, George Van Cleve's readable and original history of the nation during this period does not treat it as the "backstory" of how the Constitution came to be, but, rather, on its own terms. In 1783, the American states had won the Revolutionary War, and the Articles of Confederation had won majority support among the public. Yet, only four years later, the government totally collapsed. In analyzing the extraordinarily divisive issues the Confederation faced in the aftermath of the Revolutionary War, Van Cleve uncovers and explains why that collapse occurred. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It encountered punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country and among sections over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led conflicting interest groups to see that there would need to be structural changes to enable groups to advance their policies within a union powerful enough to govern a continental empire. Lucidly argued and superbly written, Stalemate Government will be the standard history of this critical period of our nation's birth for decades to come.