An Introduction To Constitutional Interpretation

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An Introduction To The Constitutional Law Of The United States

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Author : John Norton Pomeroy
language : en
Publisher:
Release Date : 1875

An Introduction To The Constitutional Law Of The United States written by John Norton Pomeroy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Constitutional law categories.

The Impeachments Of Donald Trump

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Author : VICTORIA F. NOURSE
language : en
Publisher: West Academic Publishing
Release Date : 2021-08-05

The Impeachments Of Donald Trump written by VICTORIA F. NOURSE and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-05 with categories.

The Impeachments of Donald Trump: An Introduction to Constitutional Interpretation presents an accessible introduction to one of the nation's most searing constitutional confrontations between the President and Congress. The purpose of the book is two-fold: First, it provides a curated record of a constitutional moment of extraordinary importance in the history of modern democracy. As such, it can be used by any instructor wishing to add interest to constitutional law courses in or outside law schools, whether in departments of history, political science, or legal studies. Second, precisely because this event is important in understanding modern democracy, the book is pitched at a wider audience than standard legal texts, and can be used to teach the very basics of legal argument--how lawyers reason about the constitution--to undergraduates as well as first-year law students. Teaching constitutional reasoning can pose great difficulties when students are given ancient 18th-century materials with no apparent relevance to pressing issues in modern memory. Throughout the book, students are asked to consider the basic form of arguments in constitutional law: text, history, past precedent, future precedent, and democratic ethos. This book contributes to the growing literature addressing democratic constitutionalism--constitutional reasoning outside the courts. More importantly, it provides a lively--and exciting--context in which to teach legal reasoning for introductory courses on the Constitution.

American Constitutional Interpretation

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Author : Walter F. Murphy
language : en
Publisher: West Publishing Company
Release Date : 1995

American Constitutional Interpretation written by Walter F. Murphy and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.

Statutory Interpretation

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Author : Christo J. Botha
language : en
Publisher:
Release Date : 1998

Statutory Interpretation written by Christo J. Botha and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.

Contest For Constitutional Authority

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Author : Susan Burgess
language : en
Publisher:
Release Date : 1992

Contest For Constitutional Authority written by Susan Burgess and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.

Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act. Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the Constitution.

Constitutional Interpretation

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Author : Keith E. Whittington
language : en
Publisher:
Release Date : 1999

Constitutional Interpretation written by Keith E. Whittington and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Social Science categories.

With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

Is An Originalist Approach To Constitutional Interpretation Legitimate

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Author : Roy Whymark
language : en
Publisher: GRIN Verlag
Release Date : 2013-01-09

Is An Originalist Approach To Constitutional Interpretation Legitimate written by Roy Whymark and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-09 with Political Science categories.

Seminar paper from the year 2012 in the subject Politics - Region: USA, grade: 77%, Birkbeck, University of London, course: American Politics, language: English, abstract: Under Article III, Section 2 of the United States Constitution, the US Supreme Court is designated as the final court of appeal for all cases arising under the Laws, Treaties, and Constitution of the United States (U.S. Const. art. III, § 2). Although the Supreme Court’s role in determining the constitutional legitimacy of those cases brought before it is not explicitly defined, this (largely unchallenged) authority became clear during the foremost years of the republic. In his opinion on Marbury v. Madison (1803), Chief Justice Marshall noted that it was ‘emphatically the province and duty of the Judicial Department to say what the law is.’ Constitutional interpretation addresses ‘how the meaning of the constitution should be discerned, thus allowing the application of substantive constitutional law to a particular set of facts or issues’ (Thomas, 2011:1). Given the ambiguity of its language and the fact that the Constitution is a legal document written, for the most part, in 1787 under very different circumstances from today, this is a challenging undertaking and not without controversy. Indeed, the task of constitutional interpretation, and the different approaches taken by individual judges, is a major area of debate among the judiciary, the populace, and within the political and academic arenas. The position judges adopt vis-à-vis constitutional interpretation lies at the centre of court rulings concerning constitutional law. Since individual judges will have different opinions, constitutional interpretation is unavoidably dependent on the subjective views of the judges involved, whether they be legalistic, attitudinal, or other views along Posner’s spectrum of theoretical influences on judicial behaviour (Posner, 2008). This difference in approaches has been the driver of the politicisation of the judiciary and partly explains the often fractious nature of judicial confirmations. While there is no consensus regarding a singular taxonomy for constitutional interpretation, most scholars agree on the differentiation between the Originalist approach (sometimes referred to, supportively, as the Interpretivist approach) favoured by Supreme Court Justice Antonin Scalia, and other non-Originalist approaches (often referred to as non-Interpretivist approaches by their detractors). This essay considers whether the Originalist approach is the only legitimate and appropriate method of constitutional interpretation in the United States today.

The Supreme Court In American Politics

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Author : Howard Gillman
language : en
Publisher:
Release Date : 1999

The Supreme Court In American Politics written by Howard Gillman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.

An Introduction To The Study Of The American Constitution

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Author :
language : en
Publisher:
Release Date : 1928

An Introduction To The Study Of The American Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1928 with Constitutional history categories.

The American Law Review

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Author :
language : en
Publisher:
Release Date : 1893

The American Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Law categories.