Kategoria BISAC: Law >> Constitutional

A complete constitutional history, from the British colonies to the Truman era.

In this work, Robert E. Brown applies the fruits of modern historical scholarship toward an understanding of Beard's groundbreaking and controversial work. With a perspective of forty years, Brown attempts to separate the valid from the bogus in this work.

In 1973 the Roe vs. Wade Supreme Court decision seemed to settle the abortion issue for all time. However, that victory did not win the war, and the impact of that milestone decision still echoes in on-going controversy, litigation, and political maneuvering. In this revised edition, Eva Rubin's discussion of Roe Vs. Wade's far-reaching abortion decision has been updated to bring the litigation and political-judicial controversy up through 1986. This revised account notes the changing character of the controversy and tries to assess the role of the courts in initiating social change and in...

This is the first in-depth analysis of the Rehnquist Court viewed as a functional entity. Well known for his work in constitutional law, Stanley Friedelbaum analyzes leading cases and rigorously examines the Court's full opinions. He reviews the interaction between the Justices and points to the patterns of the Court as a new centralist coalition comes to control critical policymaking relating to abortion, the right to die, affirmative action, reverse discrimination, and privacy interests. A table of important cases and a bibliography enhance this short study for general readers and for...

This examination of the Freedom of Information Act (FOIA) traces the American origins of the belief that the citizens of a democracy have a natural right to know about the workings of their government. The issue began in the colonies and came to a head in the 1950s when escalating government secrecy led the press to demand open government. Declaring that the public business is the public's business, a series of crusading newspaper editors aroused public support for the Freedom of Information Act which was passed in 1966.

The book features in-depth interviews with the...

The eighth volume in Frederick Madden's monumental documentary history of the British Empire, this volume deals with some of the dependencies--the West Indies, British Honduras, Hong Kong, Fiji, Cyprus, Gibraltar and the Falklands--since 1948. Using documentary materials, as in the earlier volumes, the book illustrates the progress toward self-government and independence, including, for instance, the development of communal tensions in Cyprus and the de facto division of the island, and the handing back of Hong Kong to China. The volume also includes Madden's valedictory summary and...

Despite the end of the Cold War, America's national security apparatus for controlling information has remained in place. However, sex and secularism are emerging as the major targets of censorship. Federal decency standards have been imposed on art, the broadcast media, and the Internet. Virtually every major political issue of the 1990s (abortion, campaign finance, violence on TV, homosexuality, indecency on the Internet) has First Amendment implications, and all are included in this comprehensive encyclopedia.

This work covers the full history of America's struggle for free...

Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to...

Debates over the separation or accommodation of religion and government have divided Americans since the founding of our country and continue to echo in governmental chambers today, as people argue sharply and heatedly about the exact meaning and correct applications of First Amendment clauses on religious establishment and free exercise of religion. Students can trace the history and development of these arguments, as well as the reactions to them, through this unique collection of over 70 primary documents. Court cases and other documents bring to life the controversies surrounding the...

The influx of millions of immigrants into the United States has profoundly impacted the nation's economy, culture, and politics. Since the founding of our country, our government has worked to control this migration by enacting different policies to deal with immigration and naturalization. Students can trace the history and development of issues surrounding these policies, as well as the reactions to them, through this unique and comprehensive collection of over 100 primary documents. Court cases, opinion pieces, and many other documents bring to life the controversies surrounding the...

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by free speech, and how it has evolved since the founding of our country. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to robust and unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading or obscene. Explanatory introductions to each document aid users in...

Trace the roots of the concept of equal protection from the American Revolution and the formation of the Constitution through its application today using this collection of 177 primary documents from a variety of sources. Students can use this unique reference resource to examine the tension between the concept of equal protection and recognition of slavery in the constitutional order, to explore the devitalization and revitalization of the 14th and 15th Constitutional amendments from the era of Jim Crow through the Civil Rights movement, and to study current court rulings on equal...

This needed resource, written specifically for students and general readers, provides accessible discussions of 74 landmark Supreme Court cases that will help students understand the cases and their importance in American history. Cases selected for this work are those in which the Supreme Court's decisions have had a profound impact on society and the future and a meaning that transcends the impact on the immediate parties. In his own words, Donald Lively, Dean of Florida Coastal School of Law, discusses the facts, background, and significance of each landmark case so that students will...

An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation...

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...

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...