Contesting the Constitution

Contesting the Constitution

Author: William S. Belko

Publisher: University of Missouri Press

Published: 2021-05-07

Total Pages: 247

ISBN-13: 0826274552

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The admission of Missouri to the Union quickly became a constitutional crisis of the first order, inciting an intensive reexamination of the U.S. Constitution by the U.S. Congress. The heart of the question in need of resolution was whether that body possessed the authority to place conditions on a territory—in this instance Missouri—regarding restrictions on slavery—before its admittance to the Union. The larger question with which the legislators grappled were the limits of the Constitution’s provisions granting Congress the authority to affect the institution of slavery—both where it already existed and where it could expand. The issue—what would come to be known as the Missouri Crisis—severely tested the still young republic and, some four decades later, would all but rend it asunder. This timely collection of original essays thoughtfully engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, political scientists, as well as many who call Missouri home. Contributing Authors: William S. Belko Christopher Childers John Eastman Brook Poston John R. Van Atta


The Politicization of Europe

The Politicization of Europe

Author: Paul Statham

Publisher: Routledge

Published: 2013

Total Pages: 226

ISBN-13: 0415584663

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This book examines how mass media debates over the last decade have contributed to the politicization of the EU. Exploring social responsiveness to contested EU-constitution making, it demonstrates that media communication is central to comprehend the scope of legitimacy of the European Union.


The U.S. Constitution and Fascinating Facts about it

The U.S. Constitution and Fascinating Facts about it

Author: Terry L. Jordan

Publisher:

Published: 2012-06

Total Pages: 0

ISBN-13: 9781891743153

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Readers will see the entire text of the Constitution, the Bill of Rights and the Declaration of Independence and much more with interesting insights into the men who wrote the Constitution, how it was created, and how the Supreme Court has interpreted the Constitution.


Contesting Economic and Social Rights in Ireland

Contesting Economic and Social Rights in Ireland

Author: Thomas Murray

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 407

ISBN-13: 1107155355

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A comparative analysis 'from below' of attempts to constitutionalise socio-economic rights in Ireland from 1848 rebellions to present day protests.


Constitution for a Disunited Nation

Constitution for a Disunited Nation

Author: Gabor Attila Toth

Publisher: Central European University Press

Published: 2012-12-20

Total Pages: 589

ISBN-13: 6155225184

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More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.


Contest for Constitutional Authority

Contest for Constitutional Authority

Author: Susan Burgess

Publisher:

Published: 1992

Total Pages: 200

ISBN-13:

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Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act. Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the Constitution.