Civil Rights and Liberties
Civil Rights and Liberties

Author: Corey L. Brettschneider

Publisher: Aspen Publishing

Published: 2013

Total Pages: 0

ISBN-13: 9780735579866

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An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content

An Introduction to Constitutional Law
An Introduction to Constitutional Law

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2022-11-08

Total Pages: 473

ISBN-13:

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An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

51 Imperfect Solutions
51 Imperfect Solutions

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 297

ISBN-13: 0190866063

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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Constitutional Judiciary in a New Democracy
Constitutional Judiciary in a New Democracy

Author: László Sólyom

Publisher: University of Michigan Press

Published: 2000

Total Pages: 444

ISBN-13: 9780472109654

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Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

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

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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.