SUNY series in American Constitutionalism – serie
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73 produkter
73 produkter
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This volume explores the relationship between religion and politics. It brings a varied sample of richly detailed comparative and case studies together with a set of analytical paradigms in an integrated framework. It is a major statement on a timely subject, and a plea for the acknowledgment of normative pluralism as firmly rooted in the history of religion. The editor shows that the fact of political diversity in the history of world religions compels the acceptance of pluralism as a normative principle.
Representing Popular Sovereignty
The Constitution in American Political Culture
Häftad, Engelska, 1999
380 kr
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Explores the contradiction between the Constitution's importance as a political document with its weakness as a symbol in American popular culture.Using the events of the Constitution's Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitution's importance as a political document and its weakness as a symbol in American popular culture.
380 kr
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Reviews the judicial development of the free exercise of religion clause.God Versus Caesar reviews and analyses the judicial development of the free exercise of religion clause, from its protection for belief and certain forms of worship to its guarantee of religiously motivated behavior. This book also provides guidelines for the future direction of judicial review in free exercise cases and examines law as it develops in response to changing social values and policy. Sheffer answers how, where, and why lines are drawn between the guarantee of free exercise of religion and the right of society to protect its citizens from activity injurious to their health, welfare, safety, and morals.
380 kr
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Examines the work of Louis Fisher, renowned scholar of constitutional law and politics.Politics and Constitutionalism presents a collection of eight original essays by leading political science and law scholars, organized to recognize and analyze Louis Fisher's prolific and important body of work. The essays explore the role of all three branches of government in shaping constitutional meaning and institutional behavior, noting that the courts do not have sole interpretive power. This principle is applied to such topics as the dynamic of key court rulings, federalism, war powers, diplomacy, government secrecy, and the impact of the legal community on constitutional interpretation. The book's contributors also turn renewed attention to the study of American institutions as the fountainhead of political analysis, a movement in which Fisher has been a pioneer. Fisher himself contributes a summative essay.Contributors include David Gray Adler, Dean Alfange, Jr., Neal Devins, Louis Fisher, Michael J. Glennon, Loch K. Johnson, Nancy Kassop, and Robert J. Spitzer.
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Unveils the considerable policy-making powers of state supreme courts.Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
400 kr
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Unveils the considerable policy-making powers of state supreme courts.Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
967 kr
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Studies interest group litigation in Canada.In the first book-length study of interest group litigation in Canada, Friends of the Court traces the Canadian Supreme Court's ever-changing relationship with interest groups since the 1970s. After explaining how the Court was pressured to welcome more interest groups in the late 1980s, Brodie introduces a new theory of political status describing how the Court privileges certain groups over others. By uncovering the role of the state in encouraging and facilitating litigation, this book challenges the idea that interest group litigation in Canada is a grassroots phenomenon.
344 kr
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Studies interest group litigation in Canada.In the first book-length study of interest group litigation in Canada, Friends of the Court traces the Canadian Supreme Court's ever-changing relationship with interest groups since the 1970s. After explaining how the Court was pressured to welcome more interest groups in the late 1980s, Brodie introduces a new theory of political status describing how the Court privileges certain groups over others. By uncovering the role of the state in encouraging and facilitating litigation, this book challenges the idea that interest group litigation in Canada is a grassroots phenomenon.
Deciding to Leave
The Politics of Retirement from the United States Supreme Court
Inbunden, Engelska, 2003
1 463 kr
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The first sustained examination of the process by which justices elect to leave the United States Supreme Court.While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
Deciding to Leave
The Politics of Retirement from the United States Supreme Court
Häftad, Engelska, 2003
598 kr
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The first sustained examination of the process by which justices elect to leave the United States Supreme Court.While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
554 kr
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Explores the foundations of various state constitutional traditions.State constitutions have become increasingly important in light of recent trends in jurisprudence that favor decentralizing the American federal system. Ex Uno Plura uses a political culture approach to explore eight state constitutional traditions. McHugh argues that state jurisprudence is not merely a reflection of the process, values, and decisions found at the federal level, especially through the influence of the Fourteenth Amendment. A close examination of separate state constitutions, including their origins, sociopolitical cultures, and jurisprudence, reveals historically, culturally, and philosophically unique characteristics, each of which will contribute to the ongoing debate concerning American judicial federalism. The states included are Alaska, California, Georgia, Hawaii, Louisiana, Utah, Vermont, and Wyoming.
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Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
1 252 kr
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Examines whether race-based programs and slavery reparations are justified.Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice-where both the victims and perpetrators are long dead-cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
385 kr
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Examines whether race-based programs and slavery reparations are justified.Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice-where both the victims and perpetrators are long dead-cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
967 kr
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How oral arguments influence the decisions of Supreme Court justices.Timothy R. Johnson focuses on an all-too-often ignored aspect of the Supreme Court's decision-making process by providing a systematic explanation of how justices use oral arguments to make substantive legal and policy decisions. Using the arguments filed to the Court in legal briefs, oral argument transcripts, notes taken by Justice Lewis F. Powell during oral arguments, conference notes and internal memos of justices, and Court opinions, the book analyzes justices' behavior during these proceedings. The result is an impressive account demonstrating that justices use oral arguments to gather information regarding legal and policy options in a case, the preferences of competing political institutions and actors, and institutional rules that might affect the choices they make.
344 kr
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How oral arguments influence the decisions of Supreme Court justices.Timothy R. Johnson focuses on an all-too-often ignored aspect of the Supreme Court's decision-making process by providing a systematic explanation of how justices use oral arguments to make substantive legal and policy decisions. Using the arguments filed to the Court in legal briefs, oral argument transcripts, notes taken by Justice Lewis F. Powell during oral arguments, conference notes and internal memos of justices, and Court opinions, the book analyzes justices' behavior during these proceedings. The result is an impressive account demonstrating that justices use oral arguments to gather information regarding legal and policy options in a case, the preferences of competing political institutions and actors, and institutional rules that might affect the choices they make.
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Combines perspectives from law and the social sciences to assess the long-term impact of the 2000 presidential election.The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.
487 kr
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Combines perspectives from law and the social sciences to assess the long-term impact of the 2000 presidential election.The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.
Judiciary and American Democracy
Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional Theory
Inbunden, Engelska, 2005
967 kr
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Examines recent debates in constitutional theory in light of the work of Alexander Bickel.The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.
Judiciary and American Democracy
Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional Theory
Häftad, Engelska, 2006
554 kr
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Examines recent debates in constitutional theory in light of the work of Alexander Bickel.The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.
State Constitutions for the Twenty-first Century
The Politics of State Constitutional Reform
Inbunden, Engelska, 2005
1 307 kr
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The first systematic analysis of the obstacles to state constitutional reform.Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book-the first of three volumes-provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.
State Constitutions for the Twenty-first Century
The Politics of State Constitutional Reform
Häftad, Engelska, 2006
210 kr
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The first systematic analysis of the obstacles to state constitutional reform.Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book-the first of three volumes-provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.
State Constitutions for the Twenty-first Century
Drafting State Constitutions, Revisions, and Amendments
Inbunden, Engelska, 2006
967 kr
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Identifies problems reformers face in drafting or amending state constitutions.Constitutional reform requires not only good ideas but also the ability to translate those ideas into language that will effectuate the drafters' aims. This book-the second of three volumes on state constitutions-is the essential guide for those involved in constitutional reform. It identifies the recurrent problems that reformers face in drafting or amending state constitutions and explores how those problems might be addressed. It also explains why drafting state constitutions is a distinctive enterprise, different from the drafting of other legal documents.
State Constitutions for the Twenty-first Century
Drafting State Constitutions, Revisions, and Amendments
Häftad, Engelska, 2006
451 kr
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Identifies problems reformers face in drafting or amending state constitutions.Constitutional reform requires not only good ideas but also the ability to translate those ideas into language that will effectuate the drafters' aims. This book-the second of three volumes on state constitutions-is the essential guide for those involved in constitutional reform. It identifies the recurrent problems that reformers face in drafting or amending state constitutions and explores how those problems might be addressed. It also explains why drafting state constitutions is a distinctive enterprise, different from the drafting of other legal documents.
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Traces the history of the writ of habeas corpus and its influence on federal-state relations.The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card-it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
350 kr
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Traces the history of the writ of habeas corpus and its influence on federal-state relations.The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card-it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
State Constitutions for the Twenty-first Century
The Agenda of State Constitutional Reform
Häftad, Engelska, 2007
370 kr
Skickas inom 7-10 vardagar
Nationally recognized experts analyze how states deal with major constitutional issues.This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.
967 kr
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Draws attention to how American presidents have creatively interpreted the Constitution to expand the power of the executive branch.Over the last thirty years, a great deal of attention has been paid to executive branch interpretation of the Constitution. Executing the Constitution focuses on the creative interpretation of constitutional powers to either expand executive branch policymaking or to shield its prerogatives. In analyzing and explaining the bold unilateral decisions presidents have made during and since the Vietnam War, this book draws attention to some dramatic changes in the executive branch that explain the development and use of such concepts as presidential signing statements, administrative clearance, unilateral foreign policy declarations, and executive privilege.
380 kr
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Draws attention to how American presidents have creatively interpreted the Constitution to expand the power of the executive branch.Over the last thirty years, a great deal of attention has been paid to executive branch interpretation of the Constitution. Executing the Constitution focuses on the creative interpretation of constitutional powers to either expand executive branch policymaking or to shield its prerogatives. In analyzing and explaining the bold unilateral decisions presidents have made during and since the Vietnam War, this book draws attention to some dramatic changes in the executive branch that explain the development and use of such concepts as presidential signing statements, administrative clearance, unilateral foreign policy declarations, and executive privilege.
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Strives to show why morality and, in particular, tolerance are each part of the idea of law.Do any moral values underlie the foundations of law and society in America? In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law. Examining controversies of speech and privacy, he does not ignore the conservative communitarian streak in America, but argues that liberal tolerance best fits the social meanings of American political morality. While tolerance plays a critical role, different social practices yield different conceptions of tolerance. Judges must interpret any public text to develop coherent narratives that best explain the use of force in their jurisdiction. In America, Fagelson argues, liberal tolerance is the sovereign principle that the Supreme Court uses as a prism when interpreting social institutions like marriage, speech, and even death, to make them more consistent with personal autonomy.