One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.
Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and...
One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional rev...
Article 1, Section 10 contains the most significant limits on state power found in the main text of the U.S. Constitution. Chief Justice John Marshall, perhaps the most important Justice in U.S. history, used this provision a number of times in a number of significant decisions to limit state power. These decisions effectively enhanced the power of our new federalist form of government. This book delves into the modern issues pertaining to state limitations by tracing its history and looking at today's most important factors.
This work makes a valuable contribution to the...
Article 1, Section 10 contains the most significant limits on state power found in the main text of the U.S. Constitution. Chief Justice John Marsh...
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the...
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to...
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and...
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleve...
Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed in Article I, Section 9, of the United States Constitution. Most of these represent constraints on Congress with the exception of the statement that no money may be drawn from the U.S. Treasury except by appropriation, which increases the power of Congress. The provisions include prohibitions against suspending the privilege of the writ of habeas corpus except in cases of emergency and against passing bills of attainder and ex post facto laws....
Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed...
As we enter the 21st century, the United State's highest court remains deeply divided over the fundamental issues concerning the Constitutional law of religious freedom. Because of this chasm, the direction the law will take over the next generation remains uncertain. This book empowers the reader to grasp the issues behind the contemporary Constitutional controversy and delves into such areas as prayer in school, religious displays on public property, and educational choice programs involving religious schools.
This reader-friendly overview effectively discusses the...
As we enter the 21st century, the United State's highest court remains deeply divided over the fundamental issues concerning the Constitutional law...
American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because of misinterpretation, the Ninth and Tenth Amendments have not been used to fulfill their original purposes. The limited and unlimited powers of the federal government have been shaped greatly by that error. In this book the authors clarify the actual meaning of the Ninth Amendment and its connection to the Tenth Amendment in order to provide a clear understanding of the full potential of the two amendments. Historical and contemporary details are...
American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because o...
An inherent tension resides in the Fourth Amendment's strictures on unreasonable searches and seizures. We want it to protect our privacy from government intrusion, yet we want the police to do whatever is required to solve crime. Greater controls on the power of the police provide more privacy protections to citizens. Reduced controls on police actions provide less privacy protection to citizens. Bloom explores this tension as he guides the reader to through the history and relevant Supreme Court decisions that have shaped the current state of Fourth Amendment law.
An inherent tension resides in the Fourth Amendment's strictures on unreasonable searches and seizures. We want it to protect our privacy from gove...
Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether the injury ought to be accorded constitutional status at all, or instead...
Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation...
This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage,...
This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with t...
