The Constitution in Congress

The Federalist Period, 1789-1801
Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226131146
Category: Law
Page: 327
View: 8545

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In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

The Constitution in the Supreme Court

The First Hundred Years, 1789-1888
Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226131092
Category: Law
Page: 504
View: 473

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Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

The Constitution of the United States

A Primer for the People
Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226131047
Category: History
Page: 165
View: 9836

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A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update

The Constitution in Congress

Democrats and Whigs, 1829-1861
Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 022611628X
Category: Law
Page: 344
View: 3656

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The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

Die Federalist papers


Author: Alexander Hamilton,James Madison,John Jay
Publisher: C.H.Beck
ISBN: 9783406547546
Category: Constitutional history
Page: 583
View: 6930

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The Constitution in Exile

How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land
Author: Andrew P. Napolitano
Publisher: Thomas Nelson
ISBN: 1418567221
Category: Political Science
Page: 320
View: 4045

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What ever happened to our inalienable rights? The Constitution was once the bedrock of our country, an unpretentious parchment that boldly established the God-given rights and freedoms of America. Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended. An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done. It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor. Praise for The Constitution in Exile from Left, Right, and Center "Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY "Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY "In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF "Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH "At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES

Register of Debates in Congress

Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress: [Dec. 6, 1824, to the First Session of the Twenty-fifth Congress, Oct. 16, 1837] Together with an Appendix, Containing the Most Important State Papers and Public Documents to which the Session Has Given Birth: to which are Added, the Laws Enacted During the Session, with a Copious Index to the Whole ..
Author: United States. Congress
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 3624

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The Constitution on the Campaign Trail

The Surprising Political Career of America's Founding Document
Author: Andrew Busch
Publisher: Rowman & Littlefield
ISBN: 9780742559011
Category: Law
Page: 319
View: 9225

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The Constitution is the fundamental governing document of the United States. But to what extent do candidates and parties make constitutional arguments in the course of American elections? By examining party platforms, candidate messages, presidential debates, and television ads, The Constitution on the Campaign Trail answers that question, and the results are fascinating. Busch finds evidence for both a long, broad decline in the use of constitutional rhetoric since the mid-19th century and a limited resurgence in that rhetoric over the last four decades. The political analysis found here is firmly grounded in historical research and the conclusions reached are trenchant.

Register of Debates in Congress

Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress: [Dec. 6, 1824, to the First Session of the Twenty-fifth Congress, Oct. 16, 1837] Together with an Appendix, Containing the Most Important State Papers and Public Documents to which the Session Has Given Birth: to which are Added, the Laws Enacted During the Session, with a Copious Index to the Whole ...
Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 4750

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The Constitution and the American Presidency


Author: Martin L. Fausold,Alan Shank
Publisher: SUNY Press
ISBN: 9780791404676
Category: Political Science
Page: 323
View: 7101

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In this unusual and provocative volume, historians examine the presidencies of Jefferson, Jackson, Lincoln, Theodore Roosevelt, F. D. R., and Truman, while political scientists assess the contemporary presidency and suggest a range of reforms, from modest to radical, including fundamental alterations to the balance of power between the presidency and the Congress.

Constitutional Deliberation in Congress

The Impact of Judicial Review in a Separated System
Author: J. Mitchell Pickerill
Publisher: Duke University Press
ISBN: 0822385678
Category: Law
Page: 202
View: 4288

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In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates. Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.

An Economic Interpretation of the Constitution of the United States


Author: Charles Austin Beard
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771119
Category: Business & Economics
Page: 330
View: 9207

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Beard, Charles. An Economic Interpretation of the Constitution of the United States. New York: The Macmillan Company, 1925. vii, 330 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-036834. ISBN 1-58477-111-9. Cloth. $80. * In this classic and controversial interpretation of the economic conditions of the United States between 1783-1787, Beard proposes the thesis that the Framers were motivated by economic concerns. In his landmark work The Growth of American Law Hurst describes An Economic Interpretation... as "one of 'the basic works' on the Federal Convention of 1787." Hurst, The Growth of American Law: 458. Beard [1874-1948] was a founder of The New School for Social Research.

The Great Virginia Triumvirate

George Washington, Thomas Jefferson, and James Madison in the Eyes of Their Contemporaries
Author: John P. Kaminski
Publisher: University of Virginia Press
ISBN: 0813928966
Category: History
Page: 264
View: 4823

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As the largest, oldest, and wealthiest of the original thirteen colonies, Virginia played a central role in the fight for independence and as a state in the new republic. This importance is reflected in the number of Virginians who filled key national leadership positions. Three remarkable Virginians stand out in their service to the new nation: George Washington as commander in chief during the Revolutionary War, Thomas Jefferson as the philosophic voice of the country, and James Madison as the chief architect of the nation’s new constitutional system. In The Great Virginia Triumvirate, John Kaminski presents a series of biographical portraits that bring these three men remarkably to life for the modern reader. The passage of time, coupled with the veneration so often surrounding historical figures, has obscured the subtleties and complexities of the founding fathers’ characters. To cut through this fog of myth, Kaminski relies on the words of the three Virginians themselves, sharing with us a trio of eloquent, and often candid, voices. (Jefferson once told John Adams that he had not written a history of his times because that history was to be found in his correspondence, where he could be especially direct and honest.) Kaminski also turns to the people who personally knew the three great Virginians—their friends, family, acquaintances, and enemies. Through their public and private writings, as well as the observations of their contemporaries, the subjects’ distinctive qualities as individuals can be glimpsed with depth and immediacy. Taken from letters, speeches, diaries, and memoirs, the quotations and vignettes included here shed light on the actual person behind each public image. George Washington offering a bowl of hot tea at night to a guest at Mount Vernon who has a cold; Thomas Jefferson extending condolences to John Adams on the death of his wife, Abigail; and James Madison bequeathing the silver-hilted walking cane, left him by Jefferson, in turn to the third president’s grandson, Thomas Jefferson Randolph—such moments reveal personality and character in a way that no official act ever could. "Much is known to one which is not known to the other," Jefferson wrote, "and no one knows everything." The cumulative effect of many voices, however, can create a portrait of invaluable insight.

The Constitution and Its Amendments


Author: Roger K. Newman
Publisher: Holiday House
ISBN: N.A
Category: Civil rights
Page: 147
View: 7096

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Provides a chronological history of the Constitution's seven articles and twenty-seven amendments to date, placing them in the context of the social, political, and judicial events that formed them, and examining contemporary issues and court cases where constitutional interpretation plays a key role.

The Case for Congress

Separation of Powers and the War on Terror
Author: Victor M. Hansen,Lawrence Meir Friedman
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675600
Category: Law
Page: 135
View: 2488

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Examining the constitutional relationship between Congress and the President in the post-September 11 world, this book focuses on the constitutional authority of Congress to serve as a check on executive decision-making. The Case for Congress offers recom