A Treatise On The Constitutional Limitations
A Treatise On The Constitutional Limitations

Author: Thomas McIntyre Cooley

Publisher: Sagwan Press

Published: 2018-02-08

Total Pages: 778

ISBN-13: 9781377144481

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Repugnant Laws
Repugnant Laws

Author: Keith E. Whittington

Publisher: University Press of Kansas

Published: 2020-05-18

Total Pages: 432

ISBN-13: 0700630368

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When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union
A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

Author: Thomas M. Cooley

Publisher: The Lawbook Exchange, Ltd.

Published: 2011-11

Total Pages: 770

ISBN-13: 1886363927

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". . . the real source of his [Cooley's] fame. This book originated from the need of introducing a course on Constitutional Law in the school. . . . The text was developed as a basis for lectures. . . . His discussion attained immediate fame and his views and suggestions practically dominated American Constitutional Law. . . . Like Blackstone, Pomeroy and many other legal works, the influence of Constitutional Limitations rests partly upon literary qualities, upon clarity and grace of unaffected statement." --James G. Rogers, American Bar Leaders 70. "The most influential work ever published on American Constitutional law." --Edward S. Corwin, Constitutional Revolution 87. Thomas McIntyre Cooley [1824-1898] was a justice of the Michigan Supreme Court and was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission. He was a visiting professor at Johns Hopkins University and dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other influential publications are A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor.

Constitutional Originalism
Constitutional Originalism

Author: Robert W. Bennett

Publisher: Cornell University Press

Published: 2011-06-06

Total Pages: 223

ISBN-13: 0801461111

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Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.