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American Constitutionalism

American Constitutionalism

Author: Howard Gillman, Mark Graber, Keith E. Whittington
Publisher: Oxford University Press, USA
ISBN: 0190299479
Pages: 800
Year: 2016-08-02
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

American Constitutionalism

Author: Howard Gillman, Mark Graber, Keith Whittington
Publisher: Oxford University Press, USA
ISBN: 0190299487
Pages: 928
Year: 2016-08-02
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
Foundations of American Constitutionalism

Foundations of American Constitutionalism

Author: David A. J. Richards
Publisher: Oxford University Press
ISBN: 0195363116
Pages: 338
Year: 1989-12-14
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.
The Supreme Court and American Constitutionalism

The Supreme Court and American Constitutionalism

Author: Bradford P. Wilson, Ken Masugi
Publisher: Rowman & Littlefield
ISBN: 0847686590
Pages: 298
Year: 1998
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as "republican school master", analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government.
Liberty and Union

Liberty and Union

Author: Timothy S. Huebner
Publisher:
ISBN: 0700622691
Pages: 576
Year: 2016-06-03
A brilliant, imaginative, and original re-examination which synthesizes the histories of the Civil War, of constitutional and legal development, and of the African American experience. The result is a masterful and beautifully written study that will stand out as a superb contribution
Reflections on Constitutional Law

Reflections on Constitutional Law

Author: George Anastaplo
Publisher: University Press of Kentucky
ISBN: 0813171342
Pages: 288
Year: 2006-08-25
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
A New Introduction to American Constitutionalism

A New Introduction to American Constitutionalism

Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 0199943885
Pages: 292
Year: 2013-11
Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.
Rights of Inclusion

Rights of Inclusion

Author: David M. Engel, Frank W. Munger
Publisher: University of Chicago Press
ISBN: 0226208338
Pages: 274
Year: 2003-06-15
Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.
Global Perspectives on Constitutional Law

Global Perspectives on Constitutional Law

Author: Vikram Amar
Publisher: Oxford University Press
ISBN: 0195328116
Pages: 246
Year: 2009
An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems.Features*Modular design of chapters allows instructors to pick and choose which topics they use for comparative study*Brief chapters can be easily integrated into relevant class discussions*Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments*Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom
Civil Peace and the Quest for Truth

Civil Peace and the Quest for Truth

Author: Murray Dry
Publisher: Lexington Books
ISBN: 0739109316
Pages: 309
Year: 2004
Dry examines the U.S. Supreme Court's treatment of the First Amendment freedoms of religion and speech against the founding of the American Constitution and its philosophical underpinnings.
Common-law Liberty

Common-law Liberty

Author: James Reist Stoner
Publisher:
ISBN:
Pages: 212
Year: 2003
"In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.".
Private Property and the Limits of American Constitutionalism

Private Property and the Limits of American Constitutionalism

Author: Jennifer Nedelsky
Publisher: University of Chicago Press
ISBN: 0226569713
Pages: 358
Year: 1994-06-15
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.
American Constitutionalism

American Constitutionalism

Author: Stephen M. Griffin
Publisher: Princeton University Press
ISBN: 1400822122
Pages: 228
Year: 1998-07-27
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.
The Higher Law

The Higher Law

Author: Edward S. Corwin
Publisher:
ISBN: 1258046865
Pages: 102
Year: 2011-06
Edward S. Corwin connects the Western European experience to the American founding, providing a bold and accurate outline of the tradition behind the 'higher law' of the United States and places in historical context the political philosophy underlying the US Declaration of Independence and Constitution.
The Constitution Besieged

The Constitution Besieged

Author: Howard Gillman
Publisher: Duke University Press
ISBN: 0822316420
Pages: 317
Year: 1995-02
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.