Dressing Constitutionally

Dressing Constitutionally

Author: Ruthann Robson

Publisher: Cambridge University Press

Published: 2013-07-29

Total Pages: 273

ISBN-13: 0521761654

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This book examines the rights to expression and equality, and the restraints on government power, as they both limit and allow control of our personal choices.


Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court

Author: Richard H. Fallon

Publisher: Harvard University Press

Published: 2018-02-19

Total Pages: 237

ISBN-13: 0674975812

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Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow


Modern Constitutions

Modern Constitutions

Author: Rogers M. Smith

Publisher: University of Pennsylvania Press

Published: 2020-08-14

Total Pages: 336

ISBN-13: 0812252349

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More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.


The Failed Promise of Originalism

The Failed Promise of Originalism

Author: Frank Cross

Publisher: Stanford University Press

Published: 2013-01-09

Total Pages: 237

ISBN-13: 0804784698

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Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.


Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2014

Total Pages: 283

ISBN-13: 1107047668

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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.


Colonial Origins of the American Constitution

Colonial Origins of the American Constitution

Author: Donald S. Lutz

Publisher:

Published: 1998

Total Pages: 448

ISBN-13:

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Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR


Arresting Dress

Arresting Dress

Author: Clare Sears

Publisher: Duke University Press

Published: 2015-02-20

Total Pages: 329

ISBN-13: 0822376199

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In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.


Responding to Imperfection

Responding to Imperfection

Author: Sanford Levinson

Publisher: Princeton University Press

Published: 1995-01-24

Total Pages: 341

ISBN-13: 1400821630

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An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.


The Partial Constitution

The Partial Constitution

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 1993

Total Pages: 432

ISBN-13: 9780674654792

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Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR