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“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the 7th Edition: Discussion of many new cases, including: Allen v. Cooper; American Legion v. American Humanist Association.; Americans for Prosperity Foundation v. Bonta; California v. Texas; Calvary Chapel Dayton Valley v. Sisolak; Campbell-Ewald v. Gomez; Carr v. Saul; Carson v. Makin; Cedar Point Nursery v. Hassid; Central Virginia Community College v. Katz; City of Austin v. Reagan National Advertising; Collins v. Yellen; Davis v. Bandemer; Dept. of Commerce v. New York; Dobbs v. Jackson Women’s Health Organization; Espinoza v. Montana Department of Revenue; Franchise Tax Board v. Hyatt; Fulton v. City of Philadelphia; Gundy v. U.S.; June Medical Services LLC v. Russo; Kennedy v. Bremerton School District; Knick v. Township of Scott, Pennsylvania; Lamone v. Benisek; Mahanoy Area School District v. B.L.; Manhattan Community Access Corp. v. Halleck; Merrill v. Milligan; New York Rifle and Pistol Association. v. Bruen; New York State Rifle and Pistol Association., Inc. v. City of New York, NY; Our Lady of Guadalupe School v. Morrissey-Berru; PennEast Pipeline Co. v. New Jersey; Ramos v. Louisiana; Republican National Committee v. Democratic National Committee; Roman Catholic Diocese of Brooklyn v. Cuomo; Rucho v. Common Cause; Seila Law LLC v. Consumer Financial Protection Bureau; Siegel v. Fitzgerald; Shurtleff v. City of Boston; South Bay Pentecostal Church v. Newsom; Tandon v. Newsom; Tennessee Wine & Spirits Retailers Association. v. Thomas; Timbs v. Indiana; Torres v. Texas Dept. of Public Safety; TransUnion LLC v. Ramirez; Trump v. Hawaii; Trump v. Mazars USA, LLP; Trump v. Vance; U.S. v. Arthrex, Inc.; U.S. v. Sanchez-Gomez; U.S. v. Washington; Uzuegbunam v. Preczewski; Veith v. Jubelirer; West Virginia v. EPA; and Whole Woman’s Health v. Jackson Benefits for instructors and students: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of constitution, examining the existential question of why we have a constitution
Affirmative Action, The Supreme Court, and Political Power in the Old Confederacy
A resource for teachers, scholars, and students, providing an extended introduction to the issue; reprints of significant cases and briefs; congressional testimony and other primary documents; and a selection of scholarly articles. The three volumes explore in turn affirmative action before constitutional law from 1964 to 1977, the apparent resolution of the issue by the US Supreme Court from 1978 to 1988, and judicial reaction from 1989 to 1997. Together they trace the major lines of intellectual and legal arguments originating outside the Supreme Court that have proved persuasive to future decision makers. The documents are reproduced from their original publication. No index. Annotation copyrighted by Book News, Inc., Portland, OR