Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

DOWNLOAD EBOOK

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

How to Read the Constitution—and Why
How to Read the Constitution—and Why

Author: Kim Wehle

Publisher: HarperCollins

Published: 2019-06-25

Total Pages: 449

ISBN-13: 0062896318

DOWNLOAD EBOOK

“A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

Reconstituting the Constitution
Reconstituting the Constitution

Author: Caroline Morris

Publisher: Springer Science & Business Media

Published: 2011-09-01

Total Pages: 513

ISBN-13: 3642215726

DOWNLOAD EBOOK

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Revisiting the Constitution
Revisiting the Constitution

Author: Elizabeth Renzulli

Publisher: WestBowPress

Published: 2013-12-13

Total Pages: 204

ISBN-13: 1490812016

DOWNLOAD EBOOK

The founding fathers offer their views on gun control, government and religion, immigration, legalization of narcotics, taxes, redistribution of wealth, term limits, judicial fiat, supreme court rulings and a host of other topics that concern todays citizenry. More than 224 years have passed since the forefathers of our great nation framed an enduring and supreme law, the United States Constitution. Revisiting the Constitution is nothing short of a passport through time, providing a historically accurate and unique perspective of the magnificent discourse which surrounded the creation of this time-honored doctrine. Any American citizen seeking a deeper understanding of the nations moral, legal, and governmental underpinnings can learn from such an outstanding text. Moreover, the words and enlightenment within come directly from authors such as Jefferson, Franklin, Madison, and Hamilton. Revisiting the Constitution should be everywhere, from eighth-grade civics classrooms to constitutional law libraries. Dr. Ed Massey, president of Indian River State College, Florida Revisiting the Constitution should be mandatory reading in high school and college and recommended reading in every American household. Elizabeth Renzullis masterpiece is an important work for everyone who loves and respects the United States of America. Ken Pruitt, Florida Senate president 20062008.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author: Anneli Albi

Publisher: Springer

Published: 2019-05-29

Total Pages: 1522

ISBN-13: 9462652732

DOWNLOAD EBOOK

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

The Schoolhouse Gate
The Schoolhouse Gate

Author: Justin Driver

Publisher: Vintage

Published: 2019-08-06

Total Pages: 578

ISBN-13: 0525566961

DOWNLOAD EBOOK

A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Constitution Illustrated
Constitution Illustrated

Author: R. Sikoryak

Publisher: Drawn & Quarterly

Published: 2021-04-09

Total Pages: 132

ISBN-13: 1770465103

DOWNLOAD EBOOK

The master of the visual mash-up returns with his signature idiosyncratic take on the constitution R. Sikoryak is the master of the pop culture pastiche. In Masterpiece Comics, he interpreted classic literature with defining twentieth-century comics. With Terms and Conditions, he made the unreadable contract that everyone signs, and no one reads, readable. He employs his magic yet again to investigate the very framework of the country with Constitution Illustrated. By visually interpreting the complete text of the supreme law of the land with more than a century of American pop culture icons, Sikoryak distills the very essence of the government legalese from the abstract to the tangible, the historical to the contemporary. Among Sikoryak’s spot-on unions of government articles and amendments with famous comic-book characters: the Eighteenth Amendment that instituted prohibition is articulated with Homer Simpson running from Chief Wiggum; the Fourteenth Amendment that solidifies citizenship to all people born and naturalized in the United States is personified by Ms. Marvel; and, of course, the Nineteenth Amendment offering women the right to vote is a glorious depiction of Wonder Woman breaking free from her chains. American artists from George Herriman (Krazy Kat) and Charles Schulz (Peanuts) to Raina Telgemeier (Sisters) and Alison Bechdel (Dykes to Watch Out For) are homaged, with their characters reimagined in historical costumes and situations. We the People has never been more apt.

A More Perfect Union
A More Perfect Union

Author:

Publisher: National Archives & Records Administration

Published: 1986

Total Pages: 40

ISBN-13:

DOWNLOAD EBOOK

Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

Renewing the Search for a Monetary Constitution
Renewing the Search for a Monetary Constitution

Author: Lawrence H. White

Publisher: Cato Institute

Published: 2015-02-16

Total Pages: 271

ISBN-13: 1939709679

DOWNLOAD EBOOK

Over 50 years ago, In Search of a Monetary Constitution, which focused on the need for constraints on the creation of money by the government, was published. Although overlooked at the time, the work's analysis has proven to be remarkably prescient. This new collection of essays, Renewing the Search for a Monetary Constitution: Reforming Government's Role in the Monetary System, commemorates the 50th anniversary of the first edition by revisiting and re-energizing the original intent. Since the publication of the original book, central banks have delivered neither sound money nor real growth; instead, chronic inflation and a series of booms and busts have prevailed. In this new collection, scholars call for monetary reform centered on the debate over creating constitutional provisions that empower government versus provisions that prohibit government interference with money. The aim of Renewing the Search for a Monetary Constitution is to revitalize public discussion of constitutional monetary reform. It's a must-read for anyone who wants to change the domination of our monetary system by the government.