Author: David J. Bederman
Publisher: Cambridge University Press
Release Date: 2008-02-11
The framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.
Author: Richard G. Stevens
Publisher: Rowman & Littlefield
Release Date: 1997-01-01
In this comprehensive collection of essays representing a lifetime of scholarship, distinguished political scientist Richard Stevens examines the fundamental principles of the American Constitutional order. Stevens discusses the Constitution's roots in Renaissance and Enlightenment political philosophy, and evaluates several major twentieth-century constitutional commentators. With a focus on the core of constitutional principle, Stevens critiques such views as that the Constitution founds a mixed regime, or is rooted in Christianity, or is a 'living constitution, ' or is to be interpreted in the light of a 'higher law background.' Broad in scope and penetrating in analysis, this book is essential reading for students and scholars of constitutional law, American political thought, and American history.
Author: R. Kent Newmyer
Publisher: LSU Press
Release Date: 2007-04-01
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Author: Elisabeth Zoller
Publisher: Martinus Nijhoff Publishers
Release Date: 2008-02-06
Introduction to Public Law offers a new approach to public law, defined as the law of the public good, by drawing on historical and comparative analysis of England, France, Germany and the United States.
Author: Mary Frances Berry
Release Date: 1995-02-01
Genre: Political Science
How the government has used the Constitution to deny black Americans their legal rights From the arrival of the first twenty slaves in Jamestown to the Howard Beach Incident of 1986, Yusef Hawkins, and Rodney King, federal law enforcement has pleaded lack of authority against white violence while endorsing surveillance of black rebels and using “constitutional” military force against them. In this groundbreaking study, constitutional scholar Mary Frances Berry analyzes the reasons why millions of African Americans whose lives have improved enormously, both socially and economically, are still at risk of police abuse and largely unprotected from bias crimes. From the Trade Paperback edition.
Author: Adam Winkler
Publisher: W. W. Norton & Company
Release Date: 2011-09-19
A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
Author: Bruce Ledewitz
Publisher: Indiana University Press
Release Date: 2011-06-01
Since 1947, the Supreme Court has promised government neutrality toward religion, but in a nation whose motto is "In God We Trust" and which pledges allegiance to "One Nation under God," the public square is anything but neutral -- a paradox not lost on a rapidly secularizing America and a point of contention among those who identify all expressions of religion by government as threats to a free society. Yeshiva student turned secularist, Bruce Ledewitz seeks common ground for believers and nonbelievers regarding the law of church and state. He argues that allowing government to promote higher law values through the use of religious imagery would resolve the current impasse in the interpretation of the Establishment Clause. It would offer secularism an escape from its current tendency toward relativism in its dismissal of all that religion represents and encourage a deepening of the expression of meaning in the public square without compromising secular conceptions of government.
Author: John R. Vile
Publisher: Praeger Publishers
Release Date: 1991
In this unique historical work, Vile analyzes over forty proposals to rewrite the U.S. Constitution. In each case he examines the substance of the proposal, the author's goals and methods as well as response to the proposal and its overall influence.
America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land? In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America’s Founding Documents in objective morality and how our system of government is founded upon the Christian worldview and God’s unchanging law, not a secular humanist worldview. She provides a unique perspective of the Founding Fathers as lawyers and how they understood the legitimate authority of biblical truth and appealed directly to God’s law for the foundation of America. Weaving together the legal history and underpinning worldview shifts in American culture, Ellis advocates how Christians must change the basic reasoning of our appeal and effectively engage our culture. Finally, she proposes the solution to reclaim objective, biblical morality in law that the Founders themselves provided for through Article V of the U.S. Constitution. This book is for every Christian who seeks to understand the times and our constitutional and cultural crisis.
Author: Daniel A. Farber
Publisher: West Academic Publishing
Release Date: 2005
Among both judges and academics, one of the hottest issues in constitutional law is the role of "original intent." Almost everyone agrees that it is important, and some scholars and judges believe it should be the most important factor in constitutional law. To think about these issues intelligently, law students need to have ready access to the historical materials so they can see how the Framers of the Constitution thought about critical issues. Yet the original source materials fill many volumes. Writings by historians also fill many bookshelves. Just as the traditional casebook selects and condenses materials from the court reports to make them useful for law students, this book does the same thing for the historical evidence of original intent. There is no other source that covers this range of materials, combined with concise overviews of the best understanding of the historical context. Only this book gives students a cogent introduction to the history behind the Constitution and its major amendments, so they can form their own judgments about the "original understanding" and its relevance to modern constitutional law.
A riveting behind-the-scenes look at the Thomas Supreme Court nomination hearings, told by the first print journalist to break the story of Hill's allegations of sexual harassment. Based on extensive interiews and prodigious research, this definitive account of these history-making hearings presents far-reaching implications for the political landscape of our country.