Methods of Interpretation

How the Supreme Court Reads the Constitution

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Author: Lackland H. Bloom (Jr.)

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 566

View: 3106

This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

American Constitutional Law

Essays, Cases, and Comparative Notes

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Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

Publisher: Rowman & Littlefield

ISBN: 9780742526877

Category: Political Science

Page: 1095

View: 4495

A course on constitutional law and civil liberties can be-and is-nothing less than an extended inquiry into the meaning of America. American Constitutional Law, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great Supreme Court cases to engage important issues of political theory and the nature of our democracy. Although the focus is on law in the United States, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution, challenging the reader to assess American values in light of other legal systems and understandings of governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.

Die Federalist papers

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Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 3510

Fidelity & Constraint

How the Supreme Court Has Read the American Constitution

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Author: Lawrence Lessig

Publisher: Oxford University Press

ISBN: 0190932562

Category: Law

Page: 448

View: 2861

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Do Great Cases Make Bad Law?

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Author: Lackland H. Bloom, Jr.,Lackland H. Bloom (Jr.)

Publisher: Oxford University Press (UK)

ISBN: 019976588X

Category: Law

Page: 435

View: 3104

Justice Holmes proclaimed that 'great cases, like hard cases make bad law'. He explained that this was so because the 'hydraulic pressures' of the great case tend to distort the judgements of the justices. The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct. More particularly, the book discusses the impact that the greatness of the case may have had on its presentation to the Court, the Court's deliberations, the decision, the opinion and the law that was created.

The Supreme Court and the Judicial Branch

How the Federal Courts Interpret Our Laws

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Author: Hamed Madani, Ph.D.

Publisher: Enslow Publishing, LLC

ISBN: 9780766040656

Category: Juvenile Nonfiction

Page: 104

View: 6636

"Learn about the Supreme Court of the United States, the history of the federal judiciary, and its organizations and responsibilities"--Provided by publisher.

A Citizen’s Guide to the Constitution and the Supreme Court

Constitutional Conflict in American Politics

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Author: Morgan Marietta

Publisher: Routledge

ISBN: 1135015309

Category: Political Science

Page: 216

View: 8929

The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting. After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.

Constitutional Interpretation: Powers of Government

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Author: Craig Ducat

Publisher: Cengage Learning

ISBN: 0495503231

Category: Political Science

Page: 552

View: 9446

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to students. Offering a good balance between textual explanation and edited court cases written in clear, concise language, this text remains the standard text for both students and instructors alike. CONSTITUTIONAL LAW, Ninth Edition, is popular with instructors because it explains difficult concepts extensively and clearly and, at times, graphically. In addition, each chapter possesses a stand-alone quality, giving the instructor complete freedom to use whatever he or she wishes, by chapter and within chapters. Throughout, major cases, notes, and charts are bridged with text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The End of the Charter Revolution

Looking Back from the New Normal

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Author: Peter J. McCormick

Publisher: University of Toronto Press

ISBN: 144260641X

Category: Political Science

Page: 304

View: 4210

The Canadian Charter of Rights and Freedoms became an entrenched part of the Canadian Constitution on April 17, 1982. The Charter represented a significant change in Canadian constitutional order and carried the courts, and the Supreme Court in particular, decisively into some of the biggest controversies in Canadian politics. Although the impact of the Charter on Canadian law and society was profound, a new status quo has been established. Even though there will be future Charter surprises and decisions that will claim news headlines, Peter J. McCormick argues that these cases will be occasional rather than frequent, and that the Charter "revolution" is over. Or, as he puts it in his introduction, "I will tell a story about the Charter, about the big ripples that have gradually but steadily died away such that the surface of the pond is now almost smooth." The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made. The book addresses a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, and then provides empirical data to support the argument that the Charter revolution has ended. The Supreme Court has without question become "a national institution of the first order," but even though the Charter is a large part of why this has happened, it is not Charter decisions that will showcase the exercise of this power in the future.

Freedom of the Press in India

Constitutional Provisions and Their Application

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Author: Joseph Minattur

Publisher: Springer

ISBN: 9401191034

Category: Law

Page: 136

View: 5902

This study is intended to present to the reader the main provisions of law affecting freedom of the press in India. It is specially concerned with examining how far freedom of the press obtains in free India. I t is proposed to discuss constitutional provisions and their application through various legislative measures with a view to seeing whether these provisions are sufficiently protective of this freedom. The intro ductory chapter attempts to indicate what is meant by freedom of the press. In the first chapter constitutional provisions are set out and discussed. The next five chapters deal, in the main, with statutory provisions relating to this freedom. The concluding chapter purports to make certain suggestions in relation to repeal or amendment of a few of these provisions. It may be mentioned that this study deals only with freedom of the press in normal times. The subject of civil liberties in India during a period of emergency has been dealt with in the present writer's doctoral thesis, Emergency Powers in the $tates of Southern Asia (London Uni versity, 1959) In the preparation of this study, I have benefited from the guidance and encouragement given by several persons and the assistance and facilities provided by various institutions. I wish to express my thanks to all of them.

Handbook on the Construction and Interpretation of the Laws, with a Chapter on the Interpretation of Judicial Decisions and the Doctrine of Precedents

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Author: Henry Campbell Black

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584778857

Category: Law

Page: 499

View: 4111

Reprint of first edition (1896). "The following pages contain a condensed statement and exposition of the accepted canons and rules for the construction and interpretation of the written laws, whether constitutional or statutory. In accordance with the general plan of the Hornbook Series, these rules have been formulated somewhat after the manner of a code, expressed in brief black-letter paragraphs numbered consecutively throughout the book, and explained, developed, and illustrated in the text." --Preface, iii. HENRY CAMPBELL BLACK [1860-1927] was also the author of the standard American law dictionary, A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern Including the Principal Terms of International, Constitutional, and Commercial Law, first published in 1891, and other works.

The Union As It Is

Constitutional Unionism and Sectional Compromise, 1787-1861

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Author: Peter B. Knupfer

Publisher: Univ of North Carolina Press

ISBN: 080786255X

Category: History

Page: 304

View: 6612

The first scholar to trace the meaning and importance of the idea of political compromise from the founding of the Republic to the onset of the Civil War, Knupfer shows how recurring justifications of sectional compromise reflected common ideas about the way governments were supposed to work. Originally published in 1991. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Constitutional Interpretation: Rights of the Individual

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Author: Craig Ducat

Publisher: Cengage Learning

ISBN: 1111833001

Category: Political Science

Page: 976

View: 5737

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME II, Tenth Edition, is updated to reflect current issues and cases relevant to students. CONSTITUTIONAL INTERPRETATION, VOLUME II is known for offering a good balance between textual explanation and edited court cases but is written in clear, concise language. The text is popular with instructors because it explains difficult concepts extensively and clearly. In addition, each chapter possesses a stand-alone quality which gives the instructor freedom to use whatever he or she wishes, by chapter and within chapters. Major cases, notes, and charts support the text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Supreme Court and the Attitudinal Model Revisited

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Author: Jeffrey A. Segal,Harold J. Spaeth

Publisher: Cambridge University Press

ISBN: 1139936492

Category: Political Science

Page: N.A

View: 2514

This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.

Institutions of Law

An EsSay in Legal Theory

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Author: Neil MacCormick

Publisher: OUP Oxford

ISBN: 019102175X

Category: Law

Page: 336

View: 2227

Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

Law 101

Everything You Need to Know About American Law, Fourth Edition

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Author: Jay Feinman

Publisher: Oxford University Press

ISBN: 0199341710

Category: Law

Page: 400

View: 2572

In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing

A Constitution of Many Minds

Why the Founding Document Doesn't Mean What It Meant Before

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Author: Cass R. Sunstein

Publisher: Princeton University Press

ISBN: 1400829925

Category: Law

Page: 240

View: 1557

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Dissent and the Supreme Court

Its Role in the Court's History and the Nation's Constitutional Dialogue

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Author: Melvin I. Urofsky

Publisher: Vintage

ISBN: 110187063X

Category: Law

Page: 544

View: 1717

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so. (With black-and-white illustrations throughout.) From the Hardcover edition.

A Debt Against the Living

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Author: Ilan Wurman

Publisher: Cambridge University Press

ISBN: 1108419801

Category: Law

Page: N.A

View: 4360

This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.