Constitutional category: 1750 books
State of Secularism
Religion, Tradition And Democracy In South Africa
Language: English
Release Date: October 13, 2017
The Dutch Reformed Church, it was said in apartheid South Africa, was the National Party at prayer, and indeed, given that the Bible was so fundamental to much of the legislation that governed the apartheid state, that apparently satirical description had the ring of truth. ?Religion in South Africa?s...
Obscenity Rules
Roth v. United States and the Long Struggle over Sexual Expression
Language: English
Release Date: April 11, 2014
For some, he was "America's leading smut king," hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American...
The Constitution of the United States of America
A Contextual Analysis
Language: English
Release Date: December 18, 2008
This book provides a critical introduction to the history and current meaning of the United States' Constitution. It is organised around two themes: Firstly, the US Constitution is old, short, and difficult to amend. These characteristics have made constitutional 'interpretation', especially by the...
The Federal Appointments Process
A Constitutional and Historical Analysis
Language: English
Release Date: January 2, 2001
Although the federal appointment of U.S. judges and executive branch officers has consistently engendered controversy, previous studies of the process have been limited to particular dramatic conflicts and have tended to view appointments in a vacuum without regard to other incidents in the process,...
by Leonard W. Levy
Language: English
Release Date: August 15, 2000
Language: English
Release Date: August 15, 2000
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared...
Hell No
Your Right to Dissent in Twenty-First-Century America
Language: English
Release Date: May 3, 2011
“Compelling and useful reading” for activists, protest groups, and individuals, from America’s leading constitutional rights group (Booklist).
In the age of terrorism and under the current administration, the United States has become a much more dangerous place—for activists and dissenters,...
Capitalism v. Democracy
Money in Politics and the Free Market Constitution
Language: English
Release Date: June 25, 2014
As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become...
by Andrew Koppelman
Language: English
Release Date: February 22, 2013
Language: English
Release Date: February 22, 2013
Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that...
by Lackland H. Bloom, Jr.
Language: English
Release Date: March 11, 2014
Language: English
Release Date: March 11, 2014
"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance,...
Mechanisms of Democracy
Institutional Design Writ Small
Language: English
Release Date: July 24, 2007
What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large. In this book, Adrian Vermeule moves beyond these...
Judicial Review of Legislation
A Comparative Study of the United Kingdom, the Netherlands and South Africa
Language: English
Release Date: June 16, 2010
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial...
That Every Man Be Armed
The Evolution of a Constitutional Right. Revised and Updated Edition.
Language: English
Release Date: February 15, 2013
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans,...
Designing Democracy
What Constitutions Do
Language: English
Release Date: September 27, 2001
"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political...
America's Unwritten Constitution
The Precedents and Principles We Live By
Language: English
Release Date: September 11, 2012
America's Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one...