Constructing Civil Liberties

Author: Ken I. Kersch
Publisher: Cambridge University Press
ISBN: 9780521010559
Format: PDF, Mobi
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This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

Encyclopedia of American Civil Liberties

Author: Paul Finkelman
Publisher: Routledge
ISBN: 1135947058
Format: PDF, ePub, Mobi
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This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

Rethinking the Judicial Settlement of Reconstruction

Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Format: PDF, Kindle
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American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Justice Kennedy s Jurisprudence

Author: Frank J. Colucci
Publisher:
ISBN: 9780700616626
Format: PDF, ePub, Docs
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Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.

The Bill of Rights in modern America

Author: David J. Bodenhamer
Publisher: Indiana Univ Pr
ISBN:
Format: PDF, Mobi
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This newly revised and expanded edition ofThe Bill of Rights in Modern Americacaptures the noisy and potentially defining national debate about the nature and extent of our individual rights. Free speech, the separation of church and state, public safety and gun control, property rights, the rights of criminals and victims, the limits of law enforcement, the death penalty, affirmative action, the right to privacy, abortion, states' rights-the Bill of Rights has been evoked as the legal basis for every one of these issues. Twelve distinguished legal scholars discuss the history and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens.

Religion and the law in America

Author: Scott A. Merriman
Publisher: Abc-Clio Inc
ISBN: 9781851098637
Format: PDF
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Provides a collection of essays and alphabetical entries that cover the history of freedom of religion in the United States.

The Madisonian Constitution

Author: George Thomas
Publisher: JHUP
ISBN:
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Today, we think of constitutional questions as being settled by the Supreme Court.But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States' political history -- the Civil War and Reconstruction, the Progressive Era, Franklin Delano Roosevelt's presidency and the New Deal, and the Reagan revolution -- to illustrate the Madisonian view that the present rise of judicial supremacy actually runs counter to the Constitution as established at the nation's founding. George Thomas opens by discussing how the Constitution encourages an antagonistic approach to settling disputes, thereby preserving itself as the nation's fundamental law rather then ceding that role to the president, Congress, or Supreme Court. In considering the four historical case studies, he focuses on judicial interpretations and the political branches' responses to them to demonstrate that competing conceptions of constitutional authority and meaning, as well as intergovernmental disputes themselves -- rather than any specific outcome -- strengthen the nature of the nation's founding document as a political instrument. Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts. -- Michael P. Zuckert

The Oxford Guide to United States Supreme Court Decisions

Author: Kermit Hall
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, ePub, Mobi
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Here are the landmark decisions that have shaped American life, described by some of America's most eminent legal scholars. The new edition contains more than 450 entries on major cases, including 53 new entries on the latest landmark rulings. This outstanding guide serves as an excellent introduction to the work of the Court from the late eighteenth century to the present day.