The Constitution as Political Structure

The Constitution as Political Structure

Author: Martin H. Redish

Publisher: Oxford University Press, USA

Published: 1995

Total Pages: 240

ISBN-13: 0195070607

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Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.


Book Synopsis The Constitution as Political Structure by : Martin H. Redish

Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.

How Democratic Is the American Constitution?

How Democratic Is the American Constitution?

Author: Robert A. Dahl

Publisher: Yale University Press

Published: 2003-11-10

Total Pages: 235

ISBN-13: 0300133723

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In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.


Book Synopsis How Democratic Is the American Constitution? by : Robert A. Dahl

Download or read book How Democratic Is the American Constitution? written by Robert A. Dahl and published by Yale University Press. This book was released on 2003-11-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.

The System of the Constitution

The System of the Constitution

Author: Adrian Vermeule

Publisher: Oxford University Press

Published: 2011-12-30

Total Pages: 232

ISBN-13: 0190208007

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A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.


Book Synopsis The System of the Constitution by : Adrian Vermeule

Download or read book The System of the Constitution written by Adrian Vermeule and published by Oxford University Press. This book was released on 2011-12-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.

Why the Constitution Matters

Why the Constitution Matters

Author: Mark Tushnet

Publisher: Yale University Press

Published: 2010-01-01

Total Pages: 144

ISBN-13: 0300165358

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A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.


Book Synopsis Why the Constitution Matters by : Mark Tushnet

Download or read book Why the Constitution Matters written by Mark Tushnet and published by Yale University Press. This book was released on 2010-01-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

Georgia's Constitution and Government

Georgia's Constitution and Government

Author: Richard N. Engstrom

Publisher: University of Georgia Press

Published: 2014-03-12

Total Pages: 106

ISBN-13: 0820347191

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By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students to satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures how the various state constitutions differ from each other, even as they all complement the U.S. Constitution how constitutions in Georgia have been amended or replaced Georgia’s governmental institutions at the state, county, and city levels elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as the structure of Georgia’s court system the number of constitutions each of the fifty states has had, the number of times each state’s constitution has been amended, and the length of each state’s current constitution various procedures used by the states to amend their constitutions Georgia’s ten constitutions, with highlights of their major changes or features the number of amendments voted on in Georgia from 1984 to 2012 the executive branch officials elected by the public across states the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen the number and types of local governments in Georgia since 1952 including counties, municipalities, school districts, and special districts the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy rights and liberties, and how constitutions guarantee and protect them


Book Synopsis Georgia's Constitution and Government by : Richard N. Engstrom

Download or read book Georgia's Constitution and Government written by Richard N. Engstrom and published by University of Georgia Press. This book was released on 2014-03-12 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students to satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures how the various state constitutions differ from each other, even as they all complement the U.S. Constitution how constitutions in Georgia have been amended or replaced Georgia’s governmental institutions at the state, county, and city levels elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as the structure of Georgia’s court system the number of constitutions each of the fifty states has had, the number of times each state’s constitution has been amended, and the length of each state’s current constitution various procedures used by the states to amend their constitutions Georgia’s ten constitutions, with highlights of their major changes or features the number of amendments voted on in Georgia from 1984 to 2012 the executive branch officials elected by the public across states the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen the number and types of local governments in Georgia since 1952 including counties, municipalities, school districts, and special districts the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy rights and liberties, and how constitutions guarantee and protect them

The Federalist Papers

The Federalist Papers

Author: Alexander Hamilton

Publisher: Read Books Ltd

Published: 2018-08-20

Total Pages: 455

ISBN-13: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Constitution of the United States of America

The Constitution of the United States of America

Author: Mark Tushnet

Publisher: Bloomsbury Publishing

Published: 2015-08-27

Total Pages: 344

ISBN-13: 1509901760

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This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.


Book Synopsis The Constitution of the United States of America by : Mark Tushnet

Download or read book The Constitution of the United States of America written by Mark Tushnet and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.

It's Even Worse Than It Looks

It's Even Worse Than It Looks

Author: Thomas E. Mann

Publisher: Basic Books

Published: 2016-04-05

Total Pages: 272

ISBN-13: 0465096735

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Hyperpartisanship is as old as American democracy. But now, acrimony is not confined to a moment; it's a permanent state of affairs and has seeped into every part of the political process. Identifying the overriding problems that have led Congress—and the United States—to the brink of institutional collapse, It's Even Worse Than It Looks profoundly altered the debate about why America's government has become so dysfunctional. Through a new preface and afterword, Thomas Mann and Norman Ornstein bring the story forward, examining the 2012 presidential campaign and exploring the prospects of a less dysfunctional government. As provocative and controversial as ever, It's Even Worse Than It Looks will continue to set the terms of our political debate in the years to come.


Book Synopsis It's Even Worse Than It Looks by : Thomas E. Mann

Download or read book It's Even Worse Than It Looks written by Thomas E. Mann and published by Basic Books. This book was released on 2016-04-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hyperpartisanship is as old as American democracy. But now, acrimony is not confined to a moment; it's a permanent state of affairs and has seeped into every part of the political process. Identifying the overriding problems that have led Congress—and the United States—to the brink of institutional collapse, It's Even Worse Than It Looks profoundly altered the debate about why America's government has become so dysfunctional. Through a new preface and afterword, Thomas Mann and Norman Ornstein bring the story forward, examining the 2012 presidential campaign and exploring the prospects of a less dysfunctional government. As provocative and controversial as ever, It's Even Worse Than It Looks will continue to set the terms of our political debate in the years to come.

Original Meanings

Original Meanings

Author: Jack N. Rakove

Publisher: Vintage

Published: 2010-04-21

Total Pages: 464

ISBN-13: 0307434516

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From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.


Book Synopsis Original Meanings by : Jack N. Rakove

Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

A Practical Guide to Constitution Building

A Practical Guide to Constitution Building

Author: Winluck Wahiu

Publisher:

Published: 2011

Total Pages:

ISBN-13:

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--


Book Synopsis A Practical Guide to Constitution Building by : Winluck Wahiu

Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--