Dred Scott and the Problem of Constitutional Evil

Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 1139457071
Release Date: 2006-07-03
Genre: History

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

The U S Supreme Court and New Federalism

Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 9780742535046
Release Date: 2012
Genre: Law

Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

World War I and the American Constitution

Author: William G. Ross
Publisher: Cambridge University Press
ISBN: 9781107094642
Release Date: 2017-02-27
Genre: History

"This book will explore the political, economic, and social forces that generated such rapid changes in traditional understandings of the constitutional relationships between the federal and state governments and their citizens"--

A New Introduction to American Constitutionalism

Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 9780199338405
Release Date: 2013-10-02
Genre: Law

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Our Undemocratic Constitution

Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 9780199885718
Release Date: 2006-09-28
Genre: Political Science

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

OAH Annual Meeting

Author: Organization of American Historians. Meeting
Publisher:
ISBN: IND:30000116759956
Release Date: 2008
Genre: Historians


Program

Author: Organization of American Historians. Meeting
Publisher:
ISBN: UCSC:32106020343247
Release Date: 2007
Genre: Historians


Andrew Jackson and the Constitution

Author: Gerard N. Magliocca
Publisher:
ISBN: UOM:39015069347147
Release Date: 2007
Genre: Biography & Autobiography

Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.

Shaping a Nation

Author: Gary L. Rose
Publisher: Academica PressLlc
ISBN: UOM:39076002878770
Release Date: 2010
Genre: Law

An expert in Supreme Court-case analysis looks at 25 key cases--including Bush v. Gore, Plessy v. Ferguson and Marbury v. Madison --providing historical, political and economic context in addition to his thorough examination of the legal issues. Original.

Race Citizenship and Law in American Literature

Author: Gregg D. Crane
Publisher: Cambridge University Press
ISBN: 0521010934
Release Date: 2002-01-24
Genre: Literary Criticism

Examines the interaction between civic identity, race and justice in American law and literature.