Contesting Constitutional Meaning

Contesting Constitutional Meaning
Author: George Thomas
Publisher:
Total Pages: 696
Release: 2004
Genre: Constitutional law
ISBN:

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Constitutional Construction

Constitutional Construction
Author: Keith E. Whittington
Publisher: Harvard University Press
Total Pages: 315
Release: 2009-06-01
Genre: Law
ISBN: 0674045157

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This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Contesting the Constitution

Contesting the Constitution
Author: William S. Belko
Publisher: University of Missouri Press
Total Pages: 247
Release: 2021-05-07
Genre: History
ISBN: 0826274552

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The admission of Missouri to the Union quickly became a constitutional crisis of the first order, inciting an intensive reexamination of the U.S. Constitution by the U.S. Congress. The heart of the question in need of resolution was whether that body possessed the authority to place conditions on a territory—in this instance Missouri—regarding restrictions on slavery—before its admittance to the Union. The larger question with which the legislators grappled were the limits of the Constitution’s provisions granting Congress the authority to affect the institution of slavery—both where it already existed and where it could expand. The issue—what would come to be known as the Missouri Crisis—severely tested the still young republic and, some four decades later, would all but rend it asunder. This timely collection of original essays thoughtfully engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, political scientists, as well as many who call Missouri home. Contributing Authors: William S. Belko Christopher Childers John Eastman Brook Poston John R. Van Atta

The Cambridge Companion to the Rule of Law

The Cambridge Companion to the Rule of Law
Author: Jens Meierhenrich
Publisher: Cambridge University Press
Total Pages: 715
Release: 2021-08-12
Genre: Law
ISBN: 1108620175

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The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Author: Maurice Adams
Publisher: Cambridge University Press
Total Pages: 559
Release: 2017-02-02
Genre: Law
ISBN: 1316883256

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 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.

The People Themselves

The People Themselves
Author: Larry Kramer
Publisher: Oxford University Press, USA
Total Pages: 380
Release: 2004
Genre: History
ISBN: 9780195306453

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This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Contest for Constitutional Authority

Contest for Constitutional Authority
Author: Susan Burgess
Publisher:
Total Pages: 200
Release: 1992
Genre: Law
ISBN:

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Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act. Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the Constitution.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 201
Release: 2019-10-16
Genre: Law
ISBN: 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.