Reflections on Constitutional LawUniversity Press of Kentucky, 25.08.2006 - 288 Seiten Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence. |
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Seite 34
... constitutionality, that the case became momentous. One must say “became” because the Opin- ion evidently got little attention at the time, especially since the Adminis- tration was not told that it must do anything other than what it ...
... constitutionality, that the case became momentous. One must say “became” because the Opin- ion evidently got little attention at the time, especially since the Adminis- tration was not told that it must do anything other than what it ...
Seite 35
... constitutionality was ever anticipated or explicitly provided for by the Framers of the Constitution (whatever may seem to be suggested in Fed- eralist, Numbers 78 and 81). IV. The Supremacy Clause in Article VI of the Constitution is ...
... constitutionality was ever anticipated or explicitly provided for by the Framers of the Constitution (whatever may seem to be suggested in Fed- eralist, Numbers 78 and 81). IV. The Supremacy Clause in Article VI of the Constitution is ...
Seite 37
... constitutionality of an Act of Congress . Then , there is the status of that Act of Congress after an appropriate court has expressed its Opinion that it is unconstitutional . But the puzzles do not end here , for there are the problems ...
... constitutionality of an Act of Congress . Then , there is the status of that Act of Congress after an appropriate court has expressed its Opinion that it is unconstitutional . But the puzzles do not end here , for there are the problems ...
Seite 38
... constitutionality of the measures that they promulgated. It was during this period that serious debates about constitutionality (such as with respect to the use and abuse of tariffs) could be heard in the halls of Congress. The People ...
... constitutionality of the measures that they promulgated. It was during this period that serious debates about constitutionality (such as with respect to the use and abuse of tariffs) could be heard in the halls of Congress. The People ...
Seite 39
... constitutionality of important measures, the Congress has been right. This has been true, for example, in the Dred Scott controversy of 1857, in the Civil Rights Acts controversy of 1883, and in the Commerce Clause controversies of the ...
... constitutionality of important measures, the Congress has been right. This has been true, for example, in the Dred Scott controversy of 1857, in the Civil Rights Acts controversy of 1883, and in the Commerce Clause controversies of the ...
Inhalt
3 | |
9 | |
15 | |
21 | |
27 | |
33 | |
40 | |
47 | |
A False Start? | 132 |
More Flase Starts? | 139 |
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955 | 146 |
11 Affirmative Action and the Fourteenth Amendment | 153 |
12 San Antonio Independent School District v Rodriguez 1973 | 160 |
13 Whose Votes Count for Whatand When? | 167 |
Appendix A | 175 |
Appendix B | 187 |
53 | |
10 Burdens on Interstate Commerce 19051981 | 60 |
11 Missouri v Holland 1920 Wickard v Filburn 1942 | 67 |
12 The Presidency and the Constitution | 74 |
13 A Government of Enumerated Powers? | 81 |
1 Realism and the Study of Constitutional Law | 91 |
2 The Challenges of Skepticism for the Constitutionalist | 97 |
The Erie Problem Reconsidered | 102 |
4 The Confederate Constitution 18611865 | 108 |
5 The Japanese Relocation Cases 1943 1944 | 114 |
6 Calder v Bull 1798 Barron v Baltimore 1833 | 120 |
Untitled | 126 |
Appendix C | 193 |
Appendix D | 203 |
Appendix E | 211 |
Appendix F | 225 |
Appendix G | 227 |
Appendix H | 237 |
Appendix I | 239 |
Appendix J | 257 |
Index | 261 |
About the Author | 269 |
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Häufige Begriffe und Wortgruppen
Acts of Congress aforesaid American appointed Articles of Confederation authority century Chief Justice circumstances citizens Civil Commerce Clause Commerce Power common law Confederate Constitution congress assembled Congressional considered Constitution of 1787 constitutional law courses constitutionality controversy Convention Country critical Declaration of Independence depend developed district document duties effect elected electors equal Erie Erie doctrine established evident Executive exercise Fourteenth Amendment George Anastaplo governor granted House of Representatives insistence issue judges Judicial Review jurisdiction Korematsu land least legislation legislatures liberties limited litigation Magna Carta Marbury matters ment Ninth Amendment Northwest Ordinance noticed one’s Opinion perhaps person political privileges and immunities question racial railroad ratification recognized regulate relied reminded respect rules Section seems seen Senate slavery slaves statute suggested Supremacy Clause Supreme Court territory thereafter thereby thereof things tion Tompkins treaties Union United States Constitution United States Supreme unless Vice President vote whole number
Beliebte Passagen
Seite 232 - The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Seite 220 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
Seite 193 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Seite 243 - Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...
Seite 187 - Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.
Seite 212 - Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Seite 216 - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.