Reflections on Constitutional LawUniversity Press of Kentucky, 25. 8. 2006. - 288 страница Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence. |
Из књиге
Резултати 1-5 од 35
Страница 4
... become a course in constitutional history . Or , depending upon the pro- fessor's inclinations , it can become an exercise in political advocacy . Either way , the Constitution itself easily drops out of sight , if it is noticed at all ...
... become a course in constitutional history . Or , depending upon the pro- fessor's inclinations , it can become an exercise in political advocacy . Either way , the Constitution itself easily drops out of sight , if it is noticed at all ...
Страница 6
... becomes in turn the writer of legal documents, documents for which one must expect both the many typi- cal readers and a few serious readers. As one becomes practiced in these matters, one can develop a reliable “feel” for both the ...
... becomes in turn the writer of legal documents, documents for which one must expect both the many typi- cal readers and a few serious readers. As one becomes practiced in these matters, one can develop a reliable “feel” for both the ...
Страница 10
... become even grander in retrospect than it might have been under- stood to be from the beginning. This kind of development might be seen as well in this Country for the Declaration of Independence, for the Four- teenth Amendment, and ...
... become even grander in retrospect than it might have been under- stood to be from the beginning. This kind of development might be seen as well in this Country for the Declaration of Independence, for the Four- teenth Amendment, and ...
Страница 15
... becomes ever stronger, it can be wondered what the staying power is of the pluribus. Did those who issued the Declaration of Independence become “one People” in July 1776? Critical differences from their “British Brethren” had been ...
... becomes ever stronger, it can be wondered what the staying power is of the pluribus. Did those who issued the Declaration of Independence become “one People” in July 1776? Critical differences from their “British Brethren” had been ...
Страница 25
... become viable both at home and in dealings with other powers abroad. Thus, the contributions of both bodies and treasure to military campaigns by the larger States were obviously much greater than what could be expected from the States ...
... become viable both at home and in dealings with other powers abroad. Thus, the contributions of both bodies and treasure to military campaigns by the larger States were obviously much greater than what could be expected from the States ...
Садржај
3 | |
9 | |
15 | |
21 | |
27 | |
33 | |
40 | |
47 | |
A False Start? | 132 |
More Flase Starts? | 139 |
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955 | 146 |
11 Affirmative Action and the Fourteenth Amendment | 153 |
12 San Antonio Independent School District v Rodriguez 1973 | 160 |
13 Whose Votes Count for Whatand When? | 167 |
Appendix A | 175 |
Appendix B | 187 |
53 | |
10 Burdens on Interstate Commerce 19051981 | 60 |
11 Missouri v Holland 1920 Wickard v Filburn 1942 | 67 |
12 The Presidency and the Constitution | 74 |
13 A Government of Enumerated Powers? | 81 |
1 Realism and the Study of Constitutional Law | 91 |
2 The Challenges of Skepticism for the Constitutionalist | 97 |
The Erie Problem Reconsidered | 102 |
4 The Confederate Constitution 18611865 | 108 |
5 The Japanese Relocation Cases 1943 1944 | 114 |
6 Calder v Bull 1798 Barron v Baltimore 1833 | 120 |
Untitled | 126 |
Appendix C | 193 |
Appendix D | 203 |
Appendix E | 211 |
Appendix F | 225 |
Appendix G | 227 |
Appendix H | 237 |
Appendix I | 239 |
Appendix J | 257 |
Index | 261 |
About the Author | 269 |
Друга издања - Прикажи све
Чести термини и фразе
Acts of Congress aforesaid American appointed Articles of Confederation authority century Chief Justice circumstances citizens Civil Commerce Clause Commerce Power common law Confederate Constitution congress assembled Congressional considered Constitution of 1787 constitutional law courses constitutionality controversy Convention Country critical Declaration of Independence depend developed district document duties effect elected electors equal Erie Erie doctrine established evident Executive exercise Fourteenth Amendment George Anastaplo governor granted House of Representatives insistence issue judges Judicial Review jurisdiction Korematsu land least legislation legislatures liberties limited litigation Magna Carta Marbury matters ment Ninth Amendment Northwest Ordinance noticed one’s Opinion perhaps person political privileges and immunities question racial railroad ratification recognized regulate relied reminded respect rules Section seems seen Senate slavery slaves statute suggested Supremacy Clause Supreme Court territory thereafter thereby thereof things tion Tompkins treaties Union United States Constitution United States Supreme unless Vice President vote whole number
Популарни одломци
Страница 232 - The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Страница 220 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
Страница 193 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Страница 243 - Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...
Страница 187 - Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.
Страница 212 - Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Страница 216 - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.