The Constitution in Congress

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226116280
Release Date: 2013-12-04
Genre: Law

The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

The Legislative Branch of Federal Government

Author: Gary P. Gershman
Publisher: ABC-CLIO
ISBN: 9781851097128
Release Date: 2008
Genre: Political Science

Presents a history of the U.S. Congress, describing its powers, structure, and functions, its relationship with other branches of government, and the influence that politics and well-known legislators have on its agenda.

The Constitution in Congress

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 0226131149
Release Date: 1997-05-15
Genre: Law

In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

The Constitution in the Supreme Court

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226222424
Release Date: 2015-02-27
Genre: Political Science

Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

The Constitution of the United States

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226190037
Release Date: 2010-03-18
Genre: Law

A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update

We Have Not a Government

Author: George William Van Cleve
Publisher: University of Chicago Press
ISBN: 9780226480503
Release Date: 2017-10-13
Genre: History

In between the Declaration of Independence and the U.S. Constitutions, our nation was governed by a much lesser known--and lesser written about--document called the Articles of Confederation. Unlike many other books, George Van Cleve's readable and original history of the nation during this period does not treat it as the "backstory" of how the Constitution came to be, but, rather, on its own terms. In 1783, the American states had won the Revolutionary War, and the Articles of Confederation had won majority support among the public. Yet, only four years later, the government totally collapsed. In analyzing the extraordinarily divisive issues the Confederation faced in the aftermath of the Revolutionary War, Van Cleve uncovers and explains why that collapse occurred. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It encountered punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country and among sections over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led conflicting interest groups to see that there would need to be structural changes to enable groups to advance their policies within a union powerful enough to govern a continental empire. Lucidly argued and superbly written, Stalemate Government will be the standard history of this critical period of our nation's birth for decades to come.

Symposium

Author: Chicago-Kent College of Law
Publisher:
ISBN: STANFORD:36105063814656
Release Date: 2007
Genre: Law


The Democratic Constitution

Author: Brian E. Butler
Publisher: University of Chicago Press
ISBN: 9780226474649
Release Date: 2017-08-21
Genre: Law

The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Symposium

Author: University of Pennsylvania. Law School
Publisher:
ISBN: STANFORD:36105063815695
Release Date: 2007
Genre: Political Science


Reforming the Court

Author: Roger C. Cramton
Publisher:
ISBN: STANFORD:36105063832849
Release Date: 2006
Genre: Law

The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required?

McCulloch v Maryland

Author: Mark Robert Killenbeck
Publisher: Univ Pr of Kansas
ISBN: UOM:39015064865341
Release Date: 2006-08-16
Genre: Business & Economics

Federalism--including its meanings and limits--remains one of the most contested principles in constitutional law. To fully understand its importance, we must turn to a landmark decision nearly two centuries old. M'Culloch v. Maryland (1819) is widely regarded as the Supreme Court's most important and influential decision--one that essentially defined the nature and scope of federal authority and its relationship to the states. Mark Killenbeck's sharply insightful study helps us understand why. Killenbeck recounts how the cashier of the Baltimore branch of the Second Bank of the United States refused to pay Maryland's tax on the bank and how that act precipitated a showdown in the Supreme Court, which addressed two questions: whether the U.S. Congress had the authority to establish a national bank and whether Maryland's tax on the bank was barred by the Constitution. In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both, authorizing the federal government to exercise powers not expressly articulated in the Constitution--and setting an alarming precedent for states-rights advocates. The issues at the heart of M'Culloch are as important today as they were then: the nature and scope of federal constitutional authority, the division of authority between federal and state governments, and the role of the Supreme Court in interpreting and applying the Constitution. Situating the case within the protracted debate about the bank and about federal-state relations, the Panic of 1819, the fate of the Second Bank following the Court's momentous decision, and the ever-expanding and increasingly contentious debate over slavery, Killenbeck's bookprovides a virtual constitutional history of the first fifty years of the nations. As such, it shows that the development of the Constitution as a viable governing document took place over time and that M'Culloch, with its very broad reading of federal power, marked a turning point for the Constitution, the Court, and the nation. As the Court continues to reshape the boundaries of federal power. M'Culloch looms large as a precedent in a debate that has never been fully settled. And as states today grapple with such questions as abortion, gay rights, medical marijuana, or assisted suicide, this book puts that precedent in perspective and offers a firm grasp of its implications for the future.