A New Introduction to American Constitutionalism

A New Introduction to American Constitutionalism

Author: Mark A. Graber

Publisher: Oxford University Press

Published: 2015-03-06

Total Pages: 307

ISBN-13: 0190245239

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A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.


Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber

Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.


American Constitutionalism

American Constitutionalism

Author: Stephen M. Griffin

Publisher: Princeton University Press

Published: 1998-07-27

Total Pages: 228

ISBN-13: 1400822122

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Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.


Book Synopsis American Constitutionalism by : Stephen M. Griffin

Download or read book American Constitutionalism written by Stephen M. Griffin and published by Princeton University Press. This book was released on 1998-07-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.


The Origins of American Constitutionalism

The Origins of American Constitutionalism

Author: Donald S. Lutz

Publisher: Lsu Press

Published: 1988

Total Pages: 178

ISBN-13: 9780807115060

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In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.


Book Synopsis The Origins of American Constitutionalism by : Donald S. Lutz

Download or read book The Origins of American Constitutionalism written by Donald S. Lutz and published by Lsu Press. This book was released on 1988 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.


Private Property and the Limits of American Constitutionalism

Private Property and the Limits of American Constitutionalism

Author: Jennifer Nedelsky

Publisher: University of Chicago Press

Published: 1994-06-15

Total Pages: 358

ISBN-13: 0226569713

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Federalists vision of the Constitution; an interdisciplinary investigation.


Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky

Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.


Common-law Liberty

Common-law Liberty

Author: James Reist Stoner

Publisher:

Published: 2003

Total Pages: 230

ISBN-13:

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In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.


Book Synopsis Common-law Liberty by : James Reist Stoner

Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.


American Constitutionalism: Introduction to rights and liberties

American Constitutionalism: Introduction to rights and liberties

Author: Howard Gillman

Publisher: Oxford University Press, USA

Published: 2013

Total Pages: 0

ISBN-13: 9780199751358

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"In American Constitutionalism, Third Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers 'Institutions' and Volume II covers 'Rights and Liberties') that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach - and students to reflect on - the political factions and climate of the day. The third edition has been updated through the 2020 SCOTUS session, and features upated cases, analysis, illustrations, and figures."--Back cover


Book Synopsis American Constitutionalism: Introduction to rights and liberties by : Howard Gillman

Download or read book American Constitutionalism: Introduction to rights and liberties written by Howard Gillman and published by Oxford University Press, USA. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In American Constitutionalism, Third Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers 'Institutions' and Volume II covers 'Rights and Liberties') that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach - and students to reflect on - the political factions and climate of the day. The third edition has been updated through the 2020 SCOTUS session, and features upated cases, analysis, illustrations, and figures."--Back cover


George Washington and American Constitutionalism

George Washington and American Constitutionalism

Author: Glenn A. Phelps

Publisher:

Published: 1993

Total Pages: 264

ISBN-13:

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Known as the Father of His Country, George Washington is sometimes viewed as a demi-god for what he was and did, rather than for what he thought. In addition to being a popular icon for the forces of American nationalism, he served as commander-in-chief of the victorious Continental Army. That he played a key role in securing the adoption of the Constitution is well known, but few credit him with a political philosophy that actively shaped the constitutional tradition.


Book Synopsis George Washington and American Constitutionalism by : Glenn A. Phelps

Download or read book George Washington and American Constitutionalism written by Glenn A. Phelps and published by . This book was released on 1993 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known as the Father of His Country, George Washington is sometimes viewed as a demi-god for what he was and did, rather than for what he thought. In addition to being a popular icon for the forces of American nationalism, he served as commander-in-chief of the victorious Continental Army. That he played a key role in securing the adoption of the Constitution is well known, but few credit him with a political philosophy that actively shaped the constitutional tradition.


The Supreme Court and American Constitutionalism

The Supreme Court and American Constitutionalism

Author: Bradford P. Wilson

Publisher: Rowman & Littlefield

Published: 1998

Total Pages: 328

ISBN-13: 9780847686599

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In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government


Book Synopsis The Supreme Court and American Constitutionalism by : Bradford P. Wilson

Download or read book The Supreme Court and American Constitutionalism written by Bradford P. Wilson and published by Rowman & Littlefield. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government


American Constitutionalism

American Constitutionalism

Author: Howard Gillman

Publisher: Oxford University Press, USA

Published: 2017

Total Pages: 0

ISBN-13: 9780190299477

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V. 1. Introduction to American constitutionalism -- The colonial era : before 1776 -- The funding era : 1776-1788 -- The early national era : 1789-1828 -- The Jacksonian era : 1829-1860 -- Secession, Civil War, and Reconstruction : 1861-1876 -- The Republican era : 1877-1932 -- The New Deal and Great Society era : 1933-1968 -- Liberalism divided : 1969-1980 -- The Reagan era : 1981-1993 -- The contemporary era : 1994-present.


Book Synopsis American Constitutionalism by : Howard Gillman

Download or read book American Constitutionalism written by Howard Gillman and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: V. 1. Introduction to American constitutionalism -- The colonial era : before 1776 -- The funding era : 1776-1788 -- The early national era : 1789-1828 -- The Jacksonian era : 1829-1860 -- Secession, Civil War, and Reconstruction : 1861-1876 -- The Republican era : 1877-1932 -- The New Deal and Great Society era : 1933-1968 -- Liberalism divided : 1969-1980 -- The Reagan era : 1981-1993 -- The contemporary era : 1994-present.


The Complete American Constitutionalism

The Complete American Constitutionalism

Author: Mark A. Graber

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 578

ISBN-13: 0190237627

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The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.


Book Synopsis The Complete American Constitutionalism by : Mark A. Graber

Download or read book The Complete American Constitutionalism written by Mark A. Graber and published by Oxford University Press, USA. This book was released on 2015 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.