Process of Constitutional Decisions 4e 2002 Case Supp
Author: Paul Brest
Publisher: Aspen Publishers
Published: 2002-08-29
Total Pages: 260
ISBN-13: 9780735528581
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The Supreme Court
Author: Tom S. Clark
Publisher: Cambridge University Press
Published: 2019-03-14
Total Pages: 455
ISBN-13: 1108422764
DOWNLOAD EBOOKProvides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Published: 2019-04-29
Total Pages: 281
ISBN-13: 0674986954
DOWNLOAD EBOOKIn this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Processes of Constitutional Decisionmaking
Author: Paul Brest
Publisher: Aspen Publishing
Published: 2020-08-26
Total Pages: 240
ISBN-13: 1543820298
DOWNLOAD EBOOKThe 2020 Supplement will include new materials on a wide range of different topics raised in 2020, one of the most eventful years in recent memory. New to the 2020 Edition: The Trump impeachment The government’s power to regulate during the coronavirus pandemic The Black Lives Matter protests and constitutional change The Supreme Court’s most recent abortion decision (June Medical) The Court’s latest cases on presidential power Bostock (Title VII) and its implications for gay and transgender constitutional rights
Long Wars and the Constitution
Author: Stephen M. Griffin
Publisher: Harvard University Press
Published: 2013-06-01
Total Pages: 375
ISBN-13: 0674074459
DOWNLOAD EBOOKExtension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
Processes of Constitutional Decisionmaking, Supplement
Author: Paul Brest
Publisher: Aspen Publishers
Published: 2008
Total Pages: 212
ISBN-13: 9780735571617
DOWNLOAD EBOOKTo ensure that you have the most up-to-date and complete materials for your Constitutional Law class, be sure to use Processes of Constitutional Decisionmaking, 2008 Case Supplement.
Constitutional Law
Author: David S. Schwartz
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781531004545
DOWNLOAD EBOOKPLEASE NOTE: THE LOOSELEAF VERSION IS AVAILABLE, AS IS THE EBOOK. A THIRD EDITION WILL BE OUT FOR FALL 2021. To view or download the 2020 Supplement to this book, click here. Constitutional Law: A Context and Practice Casebook, Second Edition, offers comprehensive coverage without backbreaking bulk, and allows you to teach constitutional law your own way, without having to fight the book. Using its unique electronic "Expansion Pack" system of supplemental modules, you can customize your course while still following the book's structure. That structure is streamlined into five parts of two chapters each, which cover all the essential doctrines of Constitutional Law. The book can be used for any general Con Law course, whether offered in the first semester or later, and whether it covers governmental structure, individual rights, or both. Its comprehensive Teacher's Manual provides succinct but thorough answers for all discussion questions and offers useful guidance for new adopters and first-time Constitutional Law teachers. Referenced in the Teacher's Manual is the wealth of resources found in the Expansion Packs. These supplementary additions correspond to the chapter sections and have optional additional cases, review questions, etc. The Dropbox also has an introductory document; a copy of the 385-page casebook TM; a TM for each expansion pack; "short cuts," which are also keyed to chapter sections and summarize material a professor may not be able to cover in depth; a folder of recommended case studies; and a folder with primary documents such as the Articles of Confederation. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
The Failed Promise of Originalism
Author: Frank Cross
Publisher: Stanford University Press
Published: 2013-01-09
Total Pages: 237
ISBN-13: 0804784698
DOWNLOAD EBOOKOriginalism 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.
Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2012-02-27
Total Pages: 407
ISBN-13: 1107020565
DOWNLOAD EBOOKAssesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
The Words That Made Us
Author: Akhil Reed Amar
Publisher: Basic Books
Published: 2021-05-04
Total Pages: 816
ISBN-13: 0465096360
DOWNLOAD EBOOKA history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
