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Author: Richard H. Fallon
Publisher: Cambridge University Press
Published: 2013-04-22
Total Pages: 433
ISBN-13: 1107021405
DOWNLOAD EBOOKIn this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.
Author: Mark Tushnet
Publisher: Bloomsbury Publishing
Published: 2015-08-27
Total Pages: 364
ISBN-13: 1509901760
DOWNLOAD EBOOKThis is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.
Author: Talbot D'Alemberte
Publisher: Oxford University Press
Published: 2017
Total Pages: 431
ISBN-13: 0190464062
DOWNLOAD EBOOKWith an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for students, scholars, and practitioners of Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author: Larry J. Sabato
Publisher: Bloomsbury Publishing USA
Published: 2010-07-23
Total Pages: 353
ISBN-13: 0802777562
DOWNLOAD EBOOK"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
Author: Richard H. Fallon, Jr
Publisher: Cambridge University Press
Published: 2013-04-22
Total Pages: 433
ISBN-13: 113961987X
DOWNLOAD EBOOKIn this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.
Author: David J. Bodenhamer
Publisher: Oxford University Press
Published: 2012-02-01
Total Pages: 292
ISBN-13: 019991303X
DOWNLOAD EBOOKThe framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Author: Theunis Roux
Publisher: Cambridge University Press
Published: 2018-09-06
Total Pages: 389
ISBN-13: 1108670474
DOWNLOAD EBOOKComparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Author: Richard H. Fallon
Publisher: Cambridge University Press
Published: 2004-09-06
Total Pages: 360
ISBN-13: 0521840945
DOWNLOAD EBOOK[In this book, the author] introduces non-lawyers to the workings of American constitutional law. He writes about leading constitutional doctrines and issues, including freedom of speech and religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy. [He] describes many of the ... cases and personalities that have shaped constitutional law, demonstrating how historical, cultural, and other factors have influenced constitutional adjudication. Furthermore, [he] argues that the Constitution must serve as a dynamic document that adapts to the changing conditions inherent in human affairs.-Dust jacket.
Author: Dag-Erik Berg
Publisher: Cambridge University Press
Published: 2020-02-27
Total Pages: 263
ISBN-13: 1108855601
DOWNLOAD EBOOKDynamics of Caste and Law breaks new ground in understanding how caste and law relate in India's democratic order. Caste has become a visible phenomenon often associated with discrimination, inequality and politics in India and globally. India's constitutional democracy has had a remarkable goal of creating equality in a context of caste. Despite constitutional promises with equal opportunities for the lower castes and outlawing of untouchability at the time of independence, recurring atrocities and inadequate implementation of law have called for rethinking and legal change. This book sheds new light on why caste oppression persists by using new theoretical perspectives as well as Bhimrao Ambedkar's concepts of the caste system. Focusing on struggles among India's Dalits, the castes formerly known as untouchables, the book draws on a rich material and explains, among other things, mechanisms of oppression and how powerful actors may gain influence in institutions of law and state.
Author: Jonathan Rauch
Publisher: Brookings Institution Press
Published: 2021-06-22
Total Pages: 321
ISBN-13: 0815738870
DOWNLOAD EBOOKArming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
