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Conservatives and the Constitution
  • Language: en
  • Pages: 431

Conservatives and the Constitution

Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Constructing Civil Liberties
  • Language: en
  • Pages: 404

Constructing Civil Liberties

This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

The Supreme Court and American Political Development
  • Language: en
  • Pages: 526

The Supreme Court and American Political Development

  • Categories: Law

This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore...

Is Administrative Law Unlawful?
  • Language: en
  • Pages: 646

Is Administrative Law Unlawful?

  • Categories: Law

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting ...

Vagrant Nation
  • Language: en
  • Pages: 481

Vagrant Nation

In Vagrant Nation, Risa Goluboff has found a way to explain how the interaction between 1960s social movements and the courts fundamentally changed both American law and society writ large. By look at the changing views regarding a minor type of crime-vagrancy-Goluboff shows how the courts were cast directly into the midst of the turmoil sweeping the nation.

The Cambridge Companion to the United States Constitution
  • Language: en
  • Pages: 519

The Cambridge Companion to the United States Constitution

  • Categories: Law

Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.

Supreme Power: Franklin Roosevelt vs. the Supreme Court
  • Language: en
  • Pages: 673

Supreme Power: Franklin Roosevelt vs. the Supreme Court

"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

Common Law Judging
  • Language: en
  • Pages: 281

Common Law Judging

  • Categories: Law

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Dred Scott and the Problem of Constitutional Evil
  • Language: en
  • Pages: 300

Dred Scott and the Problem of Constitutional Evil

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 Fallacies of States' Rights
  • Language: en
  • Pages: 256

The Fallacies of States' Rights

Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.