Constitutional Clarity

Constitutional Clarity PDF

Author: Thomas T. Taylor

Publisher: eBookIt.com

Published: 2023-08-23

Total Pages: 155

ISBN-13: 1456641700

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Unlock the Secrets of the Constitution Ever felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple? Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe. With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement. Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!

America's Unwritten Constitution

America's Unwritten Constitution PDF

Author: Akhil Reed Amar

Publisher: Basic Books (AZ)

Published: 2012-09-11

Total Pages: 644

ISBN-13: 0465029574

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Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

The Constitution in Exile

The Constitution in Exile PDF

Author: Andrew P. Napolitano

Publisher: HarperChristian + ORM

Published: 2007-03-18

Total Pages: 317

ISBN-13: 1418567221

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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

The Virtues of 'Value Clarity' in Constitutional Decisionmaking

The Virtues of 'Value Clarity' in Constitutional Decisionmaking PDF

Author: Terri Peretti

Publisher:

Published: 2008

Total Pages: 0

ISBN-13:

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Traditional evaluations of the Supreme Court's constitutional opinions focus on whether it has satisfied norms of legal craftsmanship and observed its properly limited role as dictated by the precarious legitimacy of judicial review in our democracy. An important criterion too often overlooked or underemphasized is the clarity wit which the Court expresses and justifies its preferences for one value over another. By clearly articulating the value preference inherent in its decisions, the Court can perform an important democratic function: enhancing the ability of a focused electorate to understand, debate, and resolve the important issues of the day. Value clarity thus may help to reconcile the practice of judicial review with democratic values.

Interpreting the Constitution

Interpreting the Constitution PDF

Author: Harry H. Wellington

Publisher: Yale University Press

Published: 1992-07-29

Total Pages: 212

ISBN-13: 9780300056723

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How does the Supreme Court work? Is there something undemocratic about having unelected judges overturn laws passed by elected legislators? How can a brief, two-hundred-year old constitution continue to provide the fundamental law for governing the United States? In this book a prominent legal scholar explores these questions with unusual clarity. Harry H. Wellington discusses judicial review (the process by which the court decides whether laws are valid) and the interpretive role the court plays in constitutional regulation and the resolution of individual disputes. Written in an engaging and accessible manner, the book offers fascinating examples of the court at work, in particular showing how it has addressed one of the most controversial political and judicial issues of our time--abortion. Harry H. Wellington takes a frank and provocative look at the process of adjudication, showing how it incorporates and shapes public values and mores as they change from one generation to the next. He explains why democracies can tolerate judicial review by nonelected officials and he refutes the politically popular doctrine of "original intent" and explains why those who interpret the Constitution must be responsive to precedent and process. Wellington also shows how the American political system allows the public to respond to the Court's decisions on such strongly debated issues as abortion. Although he argues for the retention of Roe v. Wade, Wellington points out that the Court makes mistakes, and he asserts that institutions, groups, and individuals sometimes have an obligation to contest the court's readings and its authority. This often noisy dialogue, says Wellington, is necessary to make judicial regulation compatible with the democratic ideology on which the United States is based.

Obscurity and Clarity in the Law

Obscurity and Clarity in the Law PDF

Author: Anne Wagner

Publisher: Ashgate Publishing, Ltd.

Published: 2008

Total Pages: 296

ISBN-13: 9780754671435

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Exploring the intricate and multi-dimensional conception of clarity and obscurity in law, this volume presents and examines the most recent research and theories. It provides practical guidance on how to avoid obscurity in legal drafting, as well as legal interpretation at both the national and international levels.

America's Constitution

America's Constitution PDF

Author: Akhil Reed Amar

Publisher: Random House

Published: 2012-02-29

Total Pages: 672

ISBN-13: 1588364879

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In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union PDF

Author: Thomas M. Cooley

Publisher: The Lawbook Exchange, Ltd.

Published: 2011-11

Total Pages: 770

ISBN-13: 1886363927

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". . . the real source of his [Cooley's] fame. This book originated from the need of introducing a course on Constitutional Law in the school. . . . The text was developed as a basis for lectures. . . . His discussion attained immediate fame and his views and suggestions practically dominated American Constitutional Law. . . . Like Blackstone, Pomeroy and many other legal works, the influence of Constitutional Limitations rests partly upon literary qualities, upon clarity and grace of unaffected statement." --James G. Rogers, American Bar Leaders 70. "The most influential work ever published on American Constitutional law." --Edward S. Corwin, Constitutional Revolution 87. Thomas McIntyre Cooley [1824-1898] was a justice of the Michigan Supreme Court and was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission. He was a visiting professor at Johns Hopkins University and dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other influential publications are A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor.

The Dynamic Constitution

The Dynamic Constitution PDF

Author: Richard H. Fallon (Jr.)

Publisher:

Published: 2004

Total Pages: 336

ISBN-13: 9780511316906

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Harvard law professor Richard H. Fallon introduces non-lawyers to the workings of American constitutional law. He writes with clarity about leading constitutional doctrines and issues, including the freedom of speech, the freedom of religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy.

On Reading the Constitution

On Reading the Constitution PDF

Author: Laurence H. TRIBE

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 157

ISBN-13: 0674044452

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Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.