H. L. Pohlman – författare

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.Each volume examines in-depth key landmark decisions. Governmental Powers covers: The Power of Judicial Review:Marbury v. Madison, The Commerce Power:NLRB v. Jones & Laughlin Steel Corp , The War Power:Korematsu v. United States, Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer, and Executive Privilege:United States v. Nixon.

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.Each volume provides in-depth and updated examinations of key landmark decisions. Civil Rights & Liberties covers: Racial Discrimination: Brown v. Board of Education, Affirmative Action: Regents of University of Calif. v. Bakke, and Grutter v. Bollinger, Abortion: Roe v. Wade, and Planned Parenthood v. Casey, Hate Speech and Cross Burning: R. A. V. v. City of St. Paul, and Virginia v. Black, Peyote Use and Religious Freedom: Employment Div., Dept. of Human Resources of Oregon v. Smith; and new to the second edition, Campaign Finance Regulation and Freedom of Speech: McConnell v. Federal Election Commission.

This book contributes to the ongoing national debate on civil liberties during the war on terrorism by providing easy access to relevant documents from major post-9/11 cases. The book's goal is to give students an opportunity to consider two fundamental questions and explore other issues related to them. First, is the war on terrorism a type of war that requires a shift in the balance between national security and individual rights? Second, following the 9/11 attacks, are the three branches of the federal government functioning properly? It is imperative to define the role of the President, the Congress, and the federal judiciary in this new kind of war in which suicidal terrorists are actively seeking access to weapons of mass destruction. The specific issues raised in these post-9/11 cases are the basis for evaluating the proper balance between national security and individual rights during the war on terrorism and the respective roles of the three branches of the federal government.

"Persuasive. A welcome addition."—The Journal of Legal History"A masterly exposition of the complex details of Holmes' Supreme Court work."—The Core ReviewIn this work, H.L. Pohlman calls for a new interpretation of Holmes as a moderate defender of free speech, and provides a window into Holmes' basic understanding of American constitutionalism. Pohlman argues that Holmes played a crucial role in the development of the idea that the Constitution is a living entity, an idea that differed radically from nineteenth-century antecedents.

This book provides a comprehensive and impartial overview of laws and norms regarding free speech and censorship in the United States, with a particular focus on free speech rights and restrictions for individuals, politicians, corporations, and news organizations.Free Speech and Censorship: Examining the Facts is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. This volume examines beliefs, claims, and myths about free speech and censorship issues in American society, including landmark court decisions and evolving cultural values that have shaped our understanding of the First Amendment and the liberties it enshrines and protects. Specific chapters in the volume explore basic principles of free speech; unprotected types of speech; conditionally protected speech; restrictions and regulations governing protected speech; free speech limitations in school settings; the corrosive impact of politicians and social media platforms that spread distortions and falsehoods under free speech pretexts; and free speech as a general cultural ideal. Together, these chapters will provide readers with a thorough and accurate grounding in their First Amendment rights and responsibilities.

This title gives students and other users a clear understanding of the true state of voting and representative democracy in the United States by impartially examining claims surrounding voter fraud, voter suppression, gerrymandering, and other voting-related issues in the U.S.This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions.This particular volume examines beliefs, claims, and myths about voting and elections in the United States. Issues covered include constitutional provisions concerning the franchise, constitutional amendments expanding the vote to previously disenfranchised groups, the specific provisions of the landmark Voting Rights Act of 1965, and modern-day controversies swirling around claims of voter suppression for partisan gain, voter fraud, and partisan gerrymandering. All of these issues are examined in individualized entries, with objective responses grounded in up-to-date evidence.

The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.

The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.