America s Unwritten Constitution

Filename: america-s-unwritten-constitution.pdf
ISBN: 9780465033096
Release Date: 2012-09-11
Number of pages: 640
Author: Akhil Reed Amar
Publisher: Hachette UK

Download and read online America s Unwritten Constitution in PDF and EPUB onal discussions; and the writings of court justices. America’s Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one form or the other. Neither America’s written Constitution nor its unwritten Constitution stands alone, Amar shows, and with each eye-opening example he develops a deeper, more compelling way of thinking about constitutional law than has ever been put forth before—a methodology that looks past the basic text to reveal the diverse influences, supplements, and possibilities that comprise it.


America s Unwritten Constitution

Filename: america-s-unwritten-constitution.pdf
ISBN: 9780465029570
Release Date: 2012
Number of pages: 615
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)

Download and read online America s Unwritten Constitution in PDF and EPUB A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.


America s Unwritten Constitution

Filename: america-s-unwritten-constitution.pdf
ISBN: 9780465033096
Release Date: 2012-09-11
Number of pages: 640
Author: Akhil Reed Amar
Publisher: Basic Books

Download and read online America s Unwritten Constitution in PDF and EPUB Explores the little-understood relationship between the written Constitution and the many external factors that shape the interpretations of this foundational document.


America s Unwritten Constitution

Filename: america-s-unwritten-constitution.pdf
ISBN: 0465064906
Release Date: 2015-01
Number of pages: 640
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)

Download and read online America s Unwritten Constitution in PDF and EPUB A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.


America s Constitution

Filename: america-s-constitution.pdf
ISBN: 9781588364876
Release Date: 2012-02-29
Number of pages: 672
Author: Akhil Reed Amar
Publisher: Random House

Download and read online America s Constitution in PDF and EPUB In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.


The Constitution Today

Filename: the-constitution-today.pdf
ISBN: 9780465096343
Release Date: 2016-09-13
Number of pages: 464
Author: Akhil Reed Amar
Publisher: Hachette UK

Download and read online The Constitution Today in PDF and EPUB A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades—from gun control to gay marriage, affirmative action to criminal procedure, presidential dynasties to Congressional dysfunction, Bill Clinton's impeachment to Obamacare. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.


The Law of the Land

Filename: the-law-of-the-land.pdf
ISBN: 9780465065905
Release Date: 2015-04-14
Number of pages: 376
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)

Download and read online The Law of the Land in PDF and EPUB From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.


The Bill of Rights

Filename: the-bill-of-rights.pdf
ISBN: 0300127081
Release Date: 2008-10-01
Number of pages: 430
Author: Akhil Reed Amar
Publisher: Yale University Press

Download and read online The Bill of Rights in PDF and EPUB Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar's corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights. We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states' rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it. Amar's landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.


Civil Society Constitution and Legitimacy

Filename: civil-society-constitution-and-legitimacy.pdf
ISBN: 9780742573635
Release Date: 2000-04-19
Number of pages: 368
Author: Andrew Arato
Publisher: Rowman & Littlefield Publishers

Download and read online Civil Society Constitution and Legitimacy in PDF and EPUB Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.


General Principles of Law

Filename: general-principles-of-law.pdf
ISBN: 9781509910694
Release Date: 2017-06-15
Number of pages: 432
Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing

Download and read online General Principles of Law in PDF and EPUB Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.


Harvard Law Review

Filename: harvard-law-review.pdf
ISBN: 9781610278973
Release Date: 2013-04-10
Number of pages: 289
Author: Harvard Law Review
Publisher: Quid Pro Books

Download and read online Harvard Law Review in PDF and EPUB The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 6 include scholarly articles and student case notes, as well as as the extensive annual Developments in the Law survey. This year's subject is immigration law and policy. Further articles include analysis of transaction costs under the Coase Theorem and the idea of an "unwritten Constitution."


The Constitution and Criminal Procedure

Filename: the-constitution-and-criminal-procedure.pdf
ISBN: 0300074883
Release Date: 1998-03-01
Number of pages: 288
Author: Akhil Reed Amar
Publisher: Yale University Press

Download and read online The Constitution and Criminal Procedure in PDF and EPUB Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.


Constitutional Sunsets and Experimental Legislation

Filename: constitutional-sunsets-and-experimental-legislation.pdf
ISBN: 9781783478958
Release Date: 2014-12-31
Number of pages: 256
Author: Sofia Ranchordás
Publisher: Edward Elgar Publishing

Download and read online Constitutional Sunsets and Experimental Legislation in PDF and EPUB This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.


Sex and the Constitution Sex Religion and Law from America s Origins to the Twenty First Century

Filename: sex-and-the-constitution-sex-religion-and-law-from-america-s-origins-to-the-twenty-first-century.pdf
ISBN: 9781631493652
Release Date: 2017-03-21
Number of pages: 704
Author: Geoffrey R. Stone
Publisher: Liveright Publishing

Download and read online Sex and the Constitution Sex Religion and Law from America s Origins to the Twenty First Century in PDF and EPUB There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.


Ladies And Gentlemen Of The Jury

Filename: ladies-and-gentlemen-of-the-jury.pdf
ISBN: 9780684867526
Release Date: 1999-03-31
Number of pages: 400
Author: Michael S Lief
Publisher: Simon and Schuster

Download and read online Ladies And Gentlemen Of The Jury in PDF and EPUB The closing arguments from ten noteworthy cases—“lawyers and nonlawyers will enjoy the passion and eloquence of these counselors; practitioners of law will find much to learn from them” (Los Angeles Times Book Review). Until now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive, and readers can now lose themselves in the summations of America’s finest litigators. Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous “family” in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the 1968 Chicago riots in his defense of yippie leaders known as the Chicago Seven. Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in accessible, reader-friendly language.