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This book relays the factual details of the creation of the U.S. Constitution. The narrative provides multiple accounts of the event, and readers learn details through the point of view of a serving girl at a Pennsylvania boardinghouse, a law clerk in the state of Virginia, and an apprentice printer. The text offers opportunities to compare and contrast various perspectives in the text while gathering and analyzing information about a historical event.
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.
The 17 essays included in this book are designed to provide educators and other interested readers with contemporary perspectives on a broad range of themes and topics concerning the U.S. Constitution. The authors are a distinguished group of historians, political scientists, legal scholars, and jurists. The essays include: "The Achievement of the Constitution as Viewed by the Leading Federalists" (Thomas L. Pangle); "The Contributions of the States to American Constitutionalism" (George Dargo); "The Drafting of the Constitution" (Margaret Pace Duckett); "The Senate the Framers Created and Its Legacy Today" (Richard A. Baker); "The First Federal Congress" (Charlene N. Bickford); "The Confirmation Process and the Separation of Powers" (Hon. Patti B. Saris); "The Article III Judiciary--The Ideal and the Reality" (Hon. Kenneth F. Ripple); "Focal Themes and Issues for Teaching about the Federal Judiciary" (Kent Newmyer); "The Work of the Supreme Court and Sources of Information about It" (Jeffrey Morris); "The Institution of the Presidency under Article II" (Thomas E. Cronin); "The Constitution and the Conduct of Foreign Affairs" (David. G. Adler); "Does the Constitution Matter to the Presidency Today?" (Nancy Kassop); "Ratifying the Constitution: The State Context" (John P. Kaminski); "The Debate over Ratification in Virginia" (Richard R. Beerman); "The Debate over Ratification in New York" (Stephen L. Schechter); "The Constitution: A Political Document with an Ambitious Legacy" (James A. Henretta); and "Women and the Constitution: The Equal Rights Amendment" (Winifred Wandersee). (DB)
"First presented as papers at a conference at the University of Dallas in Irving, Texas, on October 16 and 17, 1987"--Pref.
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Brings together ten of the nation’s finest and most provocative legal scholars to present their views on constitutional interpretation. All of these papers are very recent, and four were written especially for this volume.