Constitution Books

Book SynopsisEvery day, police deception tactics fool millions of Americans into giving evidence they don’t have to give, leading to their arrest and conviction in court because they don’t know when and how to take advantage of their absolute constitutional right to remain silent. By the time they hear the Miranda warning, they have already voluntarily given up the evidence the police need to make an arrest by answering questions and taking sobriety tests, and in many cases, they’ve already guaranteed they’ll lose in court. A Toast to Silence focuses on the right time before the Miranda warning to remain silent and not take tests and on the exact word-for-word lies the police cleverly disguise as truths to make people give up evidence—and shows you exactly when and how to use the power of silence to overcome these deceptive tactics for success in court.Table of ContentsPreface PART 1 The Culture of Deception PART II The Great American Con Job PART III A Nation of Talkaholics Who Lose in Court PART IV Leveling the Playing Field Summation About the Author

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Book SynopsisIn a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

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Book SynopsisA central player in every major church-state-separation battle for decades, the Rev. Barry W. Lynn understands the complexities of this divisive issue like few others. As a long-time activist, a civil rights lawyer, and an ordained minister in the United Church of Christ, he offers a unique perspective and a wealth of experience on church-state controversies. In this lively book, he has compiled his writings from various sources to explore in depth the many ways religious extremists have attempted to erode individual liberties. The topics range from publicly-promoted prayer to efforts to undermine public education and replace it with taxpayer-subsidized vouchers for religious schools, interfering with end-of-life and reproductive rights, censorship, and belligerence directed against nonbelievers and minorities. Lynn concludes that the ultimate goal of these extremist forces-consisting mainly of the Protestant Religious Right and the Roman Catholic hierarchy-is the creation of a corporate theocracy, a decidedly undemocratic system of government in which nonconservative Christians, along with humanist, feminists, and the LGBTQ community, are relegated to second-class status in America.

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Book SynopsisMany people and organizations do not understand what organizational ombuds are and how they work. When confronted with requests to create these programs, those in charge often raise questions about the need for yet another overhead expense that does not produce revenue. They want to know what value these programs really add, and they frequently express skepticism about ombuds' claim of confidentiality and how these programs can operate independently within an organization when an ombuds may be an employee of the organization. This book is a practical guide for anyone with questions about what ombuds programs are and how they operate. Part I responds directly to the many difficult questions that the author has been asked over the years—questions about what organizational ombuds offices are, why they fill a need that other functions cannot address, why confidentiality is important, and why the office's structure is important to achieving that confidentiality. Part II consists of stories that provide actual examples of what ombuds do. These are real, anonymized examples provided by real ombuds—not composite or hypothetical. Better than any abstract discussion, these examples make plain the unique value that ombuds programs provide.

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Book SynopsisThe guide addresses the FTCA’s waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims5 and fi ling suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA’s rules for damages and for financial matters, including attorneys’ fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.

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Book SynopsisThere are many helpful treatises that require in-depth reading, but this reference serves the other need of the market -- to help practitioners understand the eligibility requirements for a particular visa, required evidentiary proof, and practice pointers to help navigate tricky waters. Immigration filings have some unique pressures: urgent deadlines involving I-94 expiration dates, varied and complex procedures for numerous visa petitions, constantly changing regulations, and government agencies that provide little leeway for error. The book is designed to allow you to quickly find a rule and obtain immediate guidance on key issues. It includes: eligibility analyses designed to provide a short review of the requirements for any given visa petition; practice pointers designed to provide quick access to difficult issues that may arise; checklists that will guide practitioners as to what to include in a petition; and common immigration acronyms with an easily-referenced Acronyms section.

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Book SynopsisThe Supreme Court, Federal and State Taxation, and the Constitution is a comprehensive and illuminating look at the intersection of the U.S. Constitution and federal and state taxation going back to the earliest years of the nation. Citing only Supreme Court cases, author Jack Cummings organizes and categorizes the opinions for maximum accessibility by practitioners and others involved in law practice, law-making, and legal scholarship. The book includes, for example, a detailed analysis of the 25 Court cases that ruled a federal tax provision unconstitutional. Another chapter discusses the 121 decisions related to the intergovernmental immunity doctrine. And a thoroughly researched chapter explores the Court's 2012 decision in National Federation of Independent Business v. Sebelius. Another chapter makes clear the confusing intersection of fees, taxes and regulatory charges.The new edition is updated to account for more recent rulings such as United States v. Windsor, Dawson v. Steager, Bond v. United States, and United States v. Davila. But the most notable update in the new edition is the large new chapter on the Court’s state tax decisions under the Constitution, including the remarkable number of them in just the last decade. The author makes this manageable by synthesizing the current principles applied by the Court, with appropriate citations, rather than debating the wisdom of various rulings.A detailed Table of Contents includes more than 200 entries making it easy for readers to find topics and subtopics, and a Table of Cases indexes nearly 2,000 cases cited in the book. Written for appellate litigators, tax litigators, general tax practitioners, and constitutional law experts, this new edition will be invaluable to understanding the Court’s rulings on federal and state taxation.

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Book SynopsisWhose Choice Is It? Abortion, Medicine, and the Law, 7th Edition is the definitive book that addresses every aspect of reproductive health and abortion in the United States and worldwide. It also addresses contraceptive and abortion practices, how the world is changing in those regards, and what the future likely holds. No other source provides the comprehensive medical, ethical, and legal analyses in this book. Counsel advising a client about reproductive health or abortion will find the book an invaluable resource that can be used either to learn about specific topics in depth, or as a quick reference guide. Constitutional law in the United States and Canada is explained in depth, and the chapter on comparative law is a unique treatment of applicable laws – both historically and presently – around the world. The contributing authors are experts in their fields, making this edition the “must have” book for anyone with any interest in these subjects.

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Book SynopsisBoth criminal defense lawyers and criminal prosecutors must thoroughly understand the rights of the accused under the Sixth Amendment in order to provide competent service and ensure that they are following all court procedures according to the rule of law. The Rights of the Accused under the Sixth Amendment provides an in-depth look at seven key aspects of this area of the law: The right to a speedy trial; The right to a jury trial; The right to a public trial; The place of prosecution; The right to be informed of the nature and cause of the accusations; The Confrontation Clause; and And the Compulsory Process Clause. This third edition includes up-to-date coverage of the relevant case law and discussion of the Sixth Amendment in the context of emerging challenges—particularly the right to a speedy trial under the extraordinary circumstances of a global pandemic.

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Book SynopsisDespite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.Trade ReviewAustralian federation has certainly been a study in unintended consequences. Elaborate constitutional provisions have proved, in some cases surprisingly quickly, to be pointless or redundant, while judicial interpretation, among other factors, has rendered the federal division of powers almost a dead letter—whereas the Judiciary has lavished care and attention on doctrines of its own creation which find, at best, obscure support in the text of the document. Ian Killey's book contains a thorough-going critique of the course of developments—although it can be safely said that his views will not command universal agreement—alongside several useful suggestions for improvement. -- Greg Taylor, University of AdelaideTable of ContentsIntroduction: A Flawed Middle-Aged ConstitutionChapter 1: Middle Aged ConstitutionChapter 2: Federation and Henry Parkes’ BoastChapter 3: Federation and “Australia’s Magna Carta”Chapter 4: Constitutional Problem 1: A Very Misleading ConstitutionChapter 5: Constitutional Problem 2: Constitutional Provisions Undermined by the High CourtChapter 6: Constitutional Problem 3: Constitutional Provisions that are Badly and Misleadingly DesignedChapter 7: Constitutional Problem 4: Constitutional Requirements Based on Judicial InventionChapter 8: Constitutional Problem 5: A Constitution that Does Not Deal with the Essential Nature of FederationChapter 9: Constitutional Problem 6: A Constitution with a Result Very Different from its DesignChapter 10: The Need for an “Intelligible Theory”Chapter 11: What Do We Do Now?

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Book SynopsisIs the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do’s and don’ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.Table of ContentsIntroductionChapter 1: Unpretentious Beginnings: The Merely Legal ConstitutionSteven D. SmithChapter 2: The Not-Your-Ancestors’, Principle-Plush ConstitutionSteven D. SmithChapter 3: So You Think You Want a Constitution of PrinciplesLarry AlexanderChapter 4: Mushy Constitutional Principles Enabling Puffed-Up Judicial Policymaking: I’m Against, on PrincipleJames AllanChapter 5: The Power—and Peril—of PrincipleMaimon SchwarzschildBibliographyAbout the Authors

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Book SynopsisThe book critically examines the practice of Right to Information Act and employee’s grievance redressal system in India. This book initiates the debate on whether the Act leads to an actual redressal of grievances or is it merely an attempt to gather innocuous information which may not have further use. It questions whether the absence of an in-built redressal mechanism defeats the core purpose with which the Act was promoted. The numerous debates and controversies have continued to surface after the implementation of the Act. Many frictions were created between the affected parties i.e. the government, bureaucracy, judiciary etc. on one hand and the general public on the other hand. Instead of reducing the burden on the judicial system of India, the Act has resulted in increasing the cases related to denial of information from public offices that have reached the courts of law. It has led to an additional burden on bureaucracy which is already crumbling under pressure. Finally, the book argues for public accountability in India and the Odisha state.Trade ReviewThis book is an excellent piece of research on the Right to Information in the State of Odisha in India. It is a must read for those who intend to know the foundation of a vibrant Democracy. -- S. P. Guru, Emeritus Professor of Political Science and Public AdministrationA timely and useful volume on the right to information of the governed and accountability of the administrators in India. It is a fascinating research study to put the Indian grievance redressal system on the contemporary world map. -- Dr. Swarnamayee Tripathy, Emeritus Professor of Public Administration, Utkal University and KISS University, Bhubaneswar, IndiaTable of ContentsList of FiguresList of TablesAcknowledgementsIntroductionChapter 1: Right to Information and Public AccountabilityChapter 2: Theories of Right to Information in IndiaChapter 3: Global Trajectory and Legal Framework of Right to InformationChapter 4: Functioning of Right to Information Act in Odisha SecretariatChapter 5: Grievance Redressal and RTI: Secretariat Employee’s PerspectiveConclusionAppendix A: TextAppendix B: TableAppendix C: FigureBibliography About the Author

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Book SynopsisThe author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian ruleTrade ReviewWilliam B. Glidden mourns the evisceration of the Fourteenth Amendment and the erection of a juristocracy that has disrespected Congress’s powers almost from the first. Calling for a new constitutional provision requiring unanimity on the Supreme Court to overturn legislation, Regulating Our Constitutional Rights is an essential contribution for our age of revived debate about whether American democracy should continue to allocate so much power to judges. -- Samuel Moyn, Yale UniversityGlidden presents a history of the U.S. Constitution and its judicial interpretation that leads him to the skeptical conclusion that the U.S. Supreme Court’s interpretations of the Constitution have on balance failed to improve the working of our democratic system. Addressing recent proposals for “Court reform,” he offers a constitutional amendment that would restate the core meaning of the Constitution and implement it by requiring that any decision invalidating a federal statute be unanimous. A useful contribution to on-going debates about the Supreme Court and its role in our government. -- Mark Tushnet, Harvard Law SchoolTable of ContentsIntroductionChapter 1: Should We Reform the Role and Operation of the Court?Chapter 2: The Drafting and Ratification of Our ConstitutionChapter 3: The Original Meaning of the Bill of RightsChapter 4: The Original Meaning of the Fourteenth AmendmentChapter 5: The Court Shreds Congress’s Fourteenth Amendment Enforcement PowerChapter 6: Fourteenth Amendment Due ProcessChapter 7: The Fourteenth Amendment and the Bill of Rights in the StatesChapter 8: The Court’s Enforcement of the Bill of Rights Against CongressChapter 9: Choosing Policies for Abortion, Religious Liberty, and Free SpeechChapter 10: The Court Should Veto Only Clear Mistakes of CongressAppendix: Table of CasesBibliographyIndexAbout the Author

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Book SynopsisAmerica’s Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration’s treatment of disloyal persons during the Civil War, President Wilson’s organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt’s handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Viet Nam war followed by a chapter on the post 9-11 treatment of suspected terrorists including surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. The final chapter concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.Trade ReviewThis book is a careful and thoughtful analysis of the tension between the written, formal US Constitution of 1787 and what Reed (emer., law, Widener Univ.) calls the “living” constitution of the US as it has evolved in practice and through judicial review over the centuries since ratification. The author focuses on the inherent tension between the presidential power to make war and the individual liberties guaranteed to US citizens in the Bill of Rights and elsewhere. The larger problem, as Reed sees it, is whether moral consequentialism (utilitarian ethics) authorizes the president and the federal government to do just about anything they think necessary to protect the state in time of war, and in so doing violate the historic rights of individuals. Reed surveys all of US constitutional history leading up to the forceful behavior of George W. Bush’s global war on terror to demonstrate that, when push comes to shove, Americans (their courts and legislatures) have been willing to subordinate individual liberty to national security. Well-informed readers will not be surprised by Reed’s conclusions, but they will find little to disagree with in his well-informed account. Summing Up: Highly recommended. Upper-division undergraduates and above. * CHOICE *Table of ContentsAcknowledgments List of Illustrations Introduction 1 The Whigs and the Tories: Dissent During the Revolution 2 The War Power, Suspension of Civil Liberties and Military Commissions During the Civil War 3 Wilson’s War on Anti-War Protesters 4 Franklin Roosevelt and Military Necessity 5 The Cold War 6 The Treatment of Viet Nam Anti-War Activists and Draft Resisters 7 The War on Terrorism and Suspension of Civil Liberties 8 Summary and Conclusions Glossary Bibliography Index About the Author

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Book SynopsisAmerica’s Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration’s treatment of disloyal persons during the Civil War, President Wilson’s organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt’s handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Viet Nam war followed by a chapter on the post 9-11 treatment of suspected terrorists including surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. The final chapter concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.Trade ReviewThis book is a careful and thoughtful analysis of the tension between the written, formal US Constitution of 1787 and what Reed (emer., law, Widener Univ.) calls the “living” constitution of the US as it has evolved in practice and through judicial review over the centuries since ratification. The author focuses on the inherent tension between the presidential power to make war and the individual liberties guaranteed to US citizens in the Bill of Rights and elsewhere. The larger problem, as Reed sees it, is whether moral consequentialism (utilitarian ethics) authorizes the president and the federal government to do just about anything they think necessary to protect the state in time of war, and in so doing violate the historic rights of individuals. Reed surveys all of US constitutional history leading up to the forceful behavior of George W. Bush’s global war on terror to demonstrate that, when push comes to shove, Americans (their courts and legislatures) have been willing to subordinate individual liberty to national security. Well-informed readers will not be surprised by Reed’s conclusions, but they will find little to disagree with in his well-informed account. Summing Up: Highly recommended. Upper-division undergraduates and above. * CHOICE *Table of ContentsAcknowledgments List of Illustrations Introduction 1 The Whigs and the Tories: Dissent During the Revolution 2 The War Power, Suspension of Civil Liberties and Military Commissions During the Civil War 3 Wilson’s War on Anti-War Protesters 4 Franklin Roosevelt and Military Necessity 5 The Cold War 6 The Treatment of Viet Nam Anti-War Activists and Draft Resisters 7 The War on Terrorism and Suspension of Civil Liberties 8 Summary and Conclusions Glossary Bibliography Index About the Author

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Book SynopsisThis book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment. Trade Review"Greenky’s easy-to-read primer offers general readers and students a telling history and framework for understanding the basic assumptions, ways of thinking, and methodologies courts commonly use to negotiate clashing and competing constitutional values and individual rights to free speech." * Library Journal *"When Freedom Speaks by Lynn Greenky is an excellent introduction and exploration of the contentious field of First Amendment jurisprudence. Both entertaining and educational, it provides the knowledge necessary for an informed electorate. Like a good legal conundrum, it offers opportunities to ask important questions and spark lively arguments." * New York Journal of Books *“Greenky is particularly attentive to the relationship between precedent, innovation, and power.” * Communication and Democracy *“Lynn Greenky offers a spirited and engaging examination of the individuals, groups, and movements that have advanced free speech protections by standing up and speaking out. When Freedom Speaks is an accessible guide to the past, present, and future of free speech in the United States.” -- David Cole, National Legal Director, ACLU, George Mitchell Professor in Law and Public Policy at Georgetown University“When Freedom Speaks serves as a reminder that the First Amendment is a living, breathing structure that continues to both challenge and reinforce our country’s definition of free speech. Lynn Greenky takes us on a thorough journey through all the trials and tribulations it has faced. Anyone with any opinion will benefit from reading this timely road map on the cornerstone of our Constitution.” -- Lauren Tousignant, New York Post“Lynn Greenky’s new book is a tour de force on the importance of free speech to all individuals and groups in America – right, left, center and anyone who doesn’t conform to the prevailing wisdom of the day. …Greenky reminds us that free speech means tolerating one another – instead of silencing or jailing one another. And that’s worth fighting for.” -- Jonathan Collegio, Former Communications Director, American CrossroadsTable of ContentsIntroductionChapter One: A History LessonChapter Two: Foundations and Building BlocksChapter Three: The Road to the Supreme CourtChapter Four: Symbolically SpeakingChapter Five: The Troubling Sound of SilenceChapter Six: Politically SpeakingChapter Seven: Warning! Dangerous Speech AheadChapter Eight: Advocacy Vs Incitement?Chapter Nine: Sticks and Stones and Words That HarmChapter Ten: What the #@*%! School Speech, Campus Codes, and Cancel CultureChapter Eleven: Public SpacesChapter Twelve: The Message and the MediumChapter Thirteen: When Speech OffendsChapter Fourteen: The Language of MoneyChapter Fifteen: When Speech and Faith CollideConclusionTable of CasesWorks CitedEndnotesSuggestions for Further Reading

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Book SynopsisMr. Beat Connects the Supreme Court History Right to You!Mr. Beat’s The Power of Our Supreme Court is the Supreme Court book of decisions that affect the everyday lives of Americans everywhere. The real democracy of America unveiled. What does the supreme court do? Sure, people care when the court makes a big ruling, but most don’t pay attention to the court’s day-to-day decisions. In this law book, Mr. Beat takes you on a journey through our Supreme Court system, what it is, who is in it and how they got to be there while foreshadowing how it shapes our very future. A tour of the most influential cases in history. Inspired by Mr. Beat’s court series, The Power of Our Supreme Court walks through many Supreme Court history cases from landmark cases to the more obscure. Matt Beat explains how each case affects us to this day in a way that is engaging, applicable, and easy to understand, even for beginners.Inside, you’ll find: Detailed explanations of the Supreme Court, how it works, and how it affects you A Supreme Court cases book perfect for anyone interested in social science, political science, activism, or law Interesting visuals, charts, and graphs to help contextualize and breakdown the historical significance of big and small cases If you like courtroom books, legal books for lawyers, or books on politics for beginners like How Civil Wars Start, The Color of Law, or The Flip Side of History, you’ll love Mr. Beat’s The Power of Our Supreme Court.Trade Review“If you don’t know much about the Supreme Court but would like to, this is where you should start. Matt takes the starch out of the legal process and delivers an approachable summary of an institution we should all be well-versed on.” —Dave Farina, a.k.a. “Professor Dave,” author of Is This Wi-Fi Organic? “In The Power of the Supreme Court, Matt Beat sounds an alarm that will surely awaken every American sleeping on the vital importance of the Supreme Court. As he traverses the history and function of the Court, Matt unravels complex topics in a way that anyone can understand, and does so with a healthy dose of his signature wit. If every American read Matt’s book and took to heart its lessons, we might find that our national wounds, long in festering, may begin to heal. I cannot recommend this book highly enough.” —Steve Heimler, of Heimler’s History “Matt is one of the most popular American history YouTubers for a reason: few can compete with his depth of knowledge and clear and engaging style of communication. This book is essential reading for anyone seeking an explanation for how and why so much of American politics has come to revolve around a small handful of decisions made by a small handful of judges.” —J.J. McCullough Table of ContentsTable of Contents Why I Wrote This Book What the Heck Is the Supreme Court? Who Makes Up the Supreme Court? A Brief History of the Supreme Court How I Came Up with 100 Supreme Court Cases You Should Know About 100 Supreme Court Cases You Should Know About Chisholm v. Georgia (1793) Marbury v. Madison (1803) Fletcher v. Peck (1810) Martin v. Hunter’s Lessee (1816) Dartmouth College v. Woodward (1819) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Worcester v. Georgia (1832) Barron v. Baltimore (1833) United States v. The Amistad (1841) The Dred Scott Decision (1857) Ex parte Milligan (1866) Texas v. White (1869) The Slaughter-House Cases (1873) Munn v. Illinois (1876) Strauder v. West Virginia (1880) The Civil Rights Cases (1883) United States v. E.C. Knight Co. (1895) Pollock v. Farmers’ Loan & Trust Co. (1895) Plessy v. Ferguson (1896) Holden v. Hardy (1898) United States v. Wong Kim Ark (1898) The Insular Cases (1901) Jacobson v. Massachusetts (1905) Lochner v. New York (1905) Bailey v. Alabama (1911) Schenck v. United States (1919) Gitlow v. New York (1925) Buck v. Bell (1927) Near v. Minnesota (1931) Powell v. Alabama (1932) A.L.A. Schechter Poultry Corp. v. United States (1935) United States v. Butler (1936) West Coast Hotel Co. v. Parrish (1937) United States v. Miller (1939) United States v. Darby Lumber Co. (1941) Skinner v. Oklahoma (1942) West Virginia State Board of Education v. Barnette (1943) Smith v. Allwright (1944) Korematsu v. United States (1944) United States v. Paramount Pictures, Inc. (1948) Brown v. Board of Education (1954) Mapp v. Ohio (1961) Baker v. Carr (1962) Engel v. Vitale (1962) Gideon v. Wainwright (1963) New York Times Co. v. Sullivan (1964) Griswold v. Connecticut (1965) Miranda v. Arizona (1966) In re Gault (1967) Loving v. Virginia (1967) Katz v. United States (1967) Terry v. Ohio (1968) Tinker v. Des Moines (1969) Brandenburg v. Ohio (1969) Swann v. Charlotte-Mecklenburg Board of Education (1971) Lemon v. Kurtzman (1971) The Pentagon Papers Case (1971) Wisconsin v. Yoder (1972) Roe v. Wade (1973) Miller v. California (1973) United States v. Nixon (1974) Buckley v. Valeo (1976) Gregg v. Georgia (1976) Regents of the University of California v. Bakke (1978) Sony Corp. of America v. Universal City Studios, Inc. (1984) New Jersey v. T.L.O. (1985) Hazelwood v. Kuhlmeier (1988) Hustler Magazine v. Falwell (1988) Graham v. Connor (1989) Texas v. Johnson (1989) Shaw v. Reno (1993) United States v. Lopez (1995) US Term Limits, Inc. v. Thornton (1995) Bush v. Gore (2000) Lawrence v. Texas (2003) Crawford v. Washington (2004) Gonzales v. Raich (2005) Kelo v. City of New London (2005) Castle Rock v. Gonzales (2005) Morse v. Frederick (2007) DC v. Heller (2008) Citizens United v. FEC (2010) McDonald v. Chicago (2010) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) Maryland v. King (2013) Salinas v. Texas (2013) Shelby County v. Holder (2013) Burwell v. Hobby Lobby (2014) Obergefell v. Hodges (2015) Murphy v. NCAA (2018) Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) Carpenter v. United States (2018) Bostock v. Clayton County (2020) McGirt v. Oklahoma (2020) Mahanoy Area School District v. B.L. (2021) Dobbs v. Jackson Women’s Health Organization (2022) Kennedy v. Bremerton School District (2022) West Virginia v. EPA (2022) Why the Supreme Court Matters Today The Future of the Court Acknowledgments About the Author

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Book SynopsisLaws of the Constitution: Consolidated gathers all of the historical and contemporary constitutional documents pertaining to Canada, its provinces, and its territories, organized thematically and topically for ease of reference and supported by comprehensive lists and a thorough index. The volume excludes overridden and irrelevant documents, making it a comprehensive yet focused and precise reference that presents the words, ideas, and documents that have brought the constitution into being. A must for academic libraries, Bur’s compilation is an indispensable resource for lawyers and scholars in Canadian constitutional law, as well as historians, political scientists, policy makers, and anyone interested in constitution-making.Trade Review“Dr Bur’s new book is a treasure trove of Canadian constitutional law which is a most useful reference and also repays browsing by the curious…. Dr Bur has done an admirable job....” Greg Taylor, Law Institute Journal, September 2021Table of ContentsPreface ix Constitutional Documents—Indexed xvii Laws xvii Cases xlv Texts xlvi Other Constitutional Laws xlvi 1. General Principles 1 2. Acquisition of Territory 11 3. Creation of Government 19 4. Acquisition of Property 37 5. Union, Transition to Union and Conditions of Union 49 6. Distribution of Powers 101 7. Executive Authority 115 8. Parliamentary Structures and Procedures 209 9. Distribution of Property 595 10. Territories, Parliamentary Structures and Procedures 639 11. Protection of Rights 817 12. Aboriginal Rights 835 13. Boundaries 843 14. Amendment of the Constitutions 877 Index 887

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Book SynopsisIn a series of backroom negotiations in 1956, the National Government and Labour Opposition agreed to put aside adversarial politics temporarily and entrench certain significant electoral rules. For any of these rules to be amended or repealed, Section 189 of the Electoral Act (now Section 268 of the 1993 Act) requires the approval of either three-quarters of all MPs or a majority of electors voting in a referendum. The MPs believed this entrenchment put in place a 'moral' constraint to guide future parliaments - but its status has changed over time. In Search of Consensus tells the story of why and how such a remarkable political settlement happened. It traces and analyses the Act's protected provisions, subsequent fortunes and enduring legacy. As such, it is an important contribution to understanding the contemporary constitution and political culture of Aotearoa New Zealand. Contents 1 The ''Remarkable' Electoral Act 1956 2 New Zealand's Constitution in the 1950s 3 Politics and Government in the 1950s 4 The Unsettled Electoral Issues 5 The Making of the Electoral Act 1956 6 Entrenchment 7 The Reserved Provisions: Justifications and Evolution 8 The Electoral Act 1956 and Constitutional Evolution in Aotearoa New Zealand Elizabeth McLeay is a political scientist who has published extensively on New Zealand and comparative politics and government. Her books include: The Cabinet and Political Power in New Zealand (Oxford University Press, Auckland, 1995); with Jonathan Boston, Stephen Levine and Nigel S. Roberts, New Zealand Under MMP: A New Politics? (Auckland University Press/Bridget Williams Books, Auckland, 1996); with Kate McMillan and John Leslie, eds., Rethinking Women and Politics: New Zealand and Comparative Perspectives (Victoria University Press, Wellington, 2009); and with Claudia Geiringer and Polly Higbee, What's the Hurry? Urgency in the New Zealand Legislative Process 1987-2010 (Victoria University Press, Wellington, 2011). Formerly a professor at Victoria University of Wellington, Elizabeth has received many awards and fellowships.

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Book SynopsisTraditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts.Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court?The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases.Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists.Table of ContentsIntroduction (p. 1) PART I. NORMATIVE FRAMEWORK: THE DELIBERATIVE PERFORMANCE OF CONSTITUTIONAL COURTS. Chapter 1. Constitutional Review in Democratic Systems: Countering the Counter-Majoritarian Objection (p. 11) PART II. THE CONTOURS OF JUDICIAL DECISION-MAKING. Chapter 2. The Institutional Framework of the Belgian Constitutional Court (p. 59) Chapter 3. Variation of Judicial Behaviour Within the Institutional Boundaries (p. 103) PART III. EMPIRICAL ANALYSIS OF THE BELGIAN CONSTITUTIONAL COURT'S CASE LAW. Chapter 4. Translating Case Salience into Measurable Explanatory Variables (p. 125) Chapter 5. Case Outcomes (p. 167)Chapter 6. Citation Practices (p. 229) Chapter 7. Proportionality Analysis (p. 283) Conclusion (p. 327)

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Book SynopsisThe need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. WeinribTrade Review'Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.' --Ran Hirschl, University of Toronto, CanadaTable of ContentsContents: 1. Introduction: The Comparative Turn in Constitutional Theory Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONAL STRUCTURES AND RIGHTS 2. What is Judicial Supremacy? Stephen Gardbaum 3. Federalism and Constitutional Theory Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy Aida Torres Pérez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory Jeff King 9. Human Dignity and its Critics Jacob Weinrib PART II CONSTITUTIONAL INTERPRETATION 10. The Counter-Majoritarian Thesis David Robertson 11. Legal Pragmatism and Comparative Constitutional Law David Landau 12. Beyond the Principle of Proportionality Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence Heinz Klug PART III CONSTITUTIONAL CHANGE 15. “We the People”, “Oui, the People”, and the Collective Body: Perceptions of Constituent Power Yaniv Roznai 16. Amendment Theory and Constituent Power Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America Joel I. Colón-Riós 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture Gábor Halmai PART IV ISSUES IN CONSTITUTIONALISM 20. The Unwritten Constitution Janet McLean 21. Militant Democracy and Constitutional Identity Jan-Werner Müeller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism John E. Finn 23. Race and American Constitutional Exceptionalism Mark A. Graber 24. Constitutional Dissonance in China Wen-Chen Chang and David S. Law Index

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Book SynopsisThe need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. WeinribTrade Review'Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.' --Ran Hirschl, University of Toronto, CanadaTable of ContentsContents: 1. Introduction: The Comparative Turn in Constitutional Theory Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONAL STRUCTURES AND RIGHTS 2. What is Judicial Supremacy? Stephen Gardbaum 3. Federalism and Constitutional Theory Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy Aida Torres Pérez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory Jeff King 9. Human Dignity and its Critics Jacob Weinrib PART II CONSTITUTIONAL INTERPRETATION 10. The Counter-Majoritarian Thesis David Robertson 11. Legal Pragmatism and Comparative Constitutional Law David Landau 12. Beyond the Principle of Proportionality Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence Heinz Klug PART III CONSTITUTIONAL CHANGE 15. “We the People”, “Oui, the People”, and the Collective Body: Perceptions of Constituent Power Yaniv Roznai 16. Amendment Theory and Constituent Power Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America Joel I. Colón-Riós 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture Gábor Halmai PART IV ISSUES IN CONSTITUTIONALISM 20. The Unwritten Constitution Janet McLean 21. Militant Democracy and Constitutional Identity Jan-Werner Müeller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism John E. Finn 23. Race and American Constitutional Exceptionalism Mark A. Graber 24. Constitutional Dissonance in China Wen-Chen Chang and David S. Law Index

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Book SynopsisDrafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document.As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available.Table of ContentsForeword by Mr Justice Gerard HoganIntroduction1. The Constitution Committee and the beginning of the drafting process 2. The drafts 3. Consideration by the government of the three drafts 4. British reaction to the draft constitution 5. Debates in the constituent assembly 6. Themes and influences 7. The people's constitution 8. Anti-party politics 9. The legacy of the Irish Free State Constitution Conclusion Index

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Book SynopsisConstitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou GiménezTable of ContentsContents: 1. Introduction Daniel Bonilla Maldonado and Colin Crawford PART I The Relationship Between Latin American and U.S. Constitutionalism 2. The Political Economy of Legal Knowledge Daniel Bonilla Maldonado 3. The Geopolitics of Constitutionalism in Latin America Jorge L. Esquirol PART II Latin American Constitutionalism 4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America Roberto Gargarella 5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism” Javier Couso 6. Constitutionalism old, new and unbound: the case of Mexico Francisca Pou Giménez 7. Socioeconomic Rights and Majoritarian Courts in Latin America David Landau PART III U.S. constitutionalism in the 21st century 8. Constitutional Drafting in Latin America: A Quantitative Perspective David S. Law and Tom Ginsburg 9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis Fernanda Nicola 10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment Tanya Katerí Hernández Name Index Subject Index

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Book SynopsisThe Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.Trade ReviewThe Brazilian Federal Supreme Court (STF) is one of the most important high courts in the world, but its caselaw is not well known. This landmark volume brings to English-language readers many of the most important decisions on rights, contextualized by leading Brazilian scholars. It is a wonderful addition to the literature on comparative constitutional law that opens the door to a rich and broad-ranging rights jurisprudence. -- Tom Ginsburg, University of ChicagoTable of ContentsTABLE OF CONTENTS1 - The promises of the Brazilian Constitution of 1988 and the encounter between human rights and the Supreme Court Rubens Becak and Jairo Lima2 - The Brazilian Supreme Court and its Political Protagonism: an Overview of the STF and its Rise to Prominence in Brazilian Politics after 1988 Murilo Gaspardo 3 - Freedom of speech: Ellwanger case Cristina Godoy Bernardo de Oliveira4 – Asking “The Woman Question”: Judicial Recognition of the Right to Abortion in Brazil Melina Girardi Fachin and Estefânia Maria de Queiroz Barboza5 - Embryonic stem-cells research at the Brazilian Supreme Court: or how to decide not to decideLucas de Laurentiis6 - Affirmative action at the Federal Supreme Court: the difficult promotion of racial equity in BrazilMaria Paula Bucci Dallari7 - Gay marriage: the role of the Brazilian Supreme Court in recognizing the right to same-sex civil unions Fernando de Brito Alves 8 - Criminalization of homophobia – Trial at the Brazilian Supreme Court Simone Cristine Araújo Lopes9 - Political Citizenship: Constitutional Commitments and limits in the exercise of Brazilian Party Democracy Orides Mezzaroba10 - Corporate campaign donations João Andrade Neto11 - Home-schooling and religious education in Brazil Nina Beatriz Stocco Ranieri12 - High cost medicines and medical treatments in the Supremo Tribunal Federal (Brazilian Supreme Court) Fernanda Duarte and Rafael Mário Iório Filho13 - The presumption of innocence José Duarte Neto14 - The unconstitutional state of affairs in Brazil’s prisons Emerson Ademir Borges de Oliveira15 - Expanding constitutional dialogues in the judicial review: what are the institutional and behavioral challenges of the Brazilian Supreme Court as a human rights´ guardian? Flavia Santiago Lima

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Book SynopsisThe Concept of Ordered Liberty is a story of due-process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.Trade ReviewThe Concept of Ordered Liberty offers a comprehensive and close reading of the leading opinions in the development of substantive due process doctrine during its formative period in American law. Using the words of the justices themselves, the book highlights critical turning points in the jurisprudence of our most controversial social issues. -- Anthony Johnstone, University of MontanaTable of ContentsContentsProloguePart I: The Common-Law Tradition1A Bulwark Against Arbitrary Legislation2Liberty and Economic Ideology3 Philosophy, Incorporation, and Natural Law4A Reasonable and Sensitive Judgment5A Zone of Substantive RightsPart II: Fundamental Rights and Modern Conservatism6Procedural and Substantive Due Process7Deeply Rooted in History and Tradition8A Different Description of Fundamental Liberties9The Inquiry Thus ReducesPart III: The Modern Justification for Arbitrariness Review10The Dimension of Personal Liberty11The Guideposts of History, Tradition, and Practice12The Tradition Is A Living ThingPart IV: A More Transcendent Liberty13Certain Actions Are Prohibited14A Prudential Exercise Of The Judicial Power15What Freedom Must BecomeEpilogue

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Book SynopsisThe Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.Trade ReviewThe Concept of Ordered Liberty offers a comprehensive and close reading of the leading opinions in the development of substantive due process doctrine during its formative period in American law. Using the words of the justices themselves, the book highlights critical turning points in the jurisprudence of our most controversial social issues. -- Anthony Johnstone, University of MontanaTable of ContentsContentsProloguePart I: The Common-Law Tradition1A Bulwark Against Arbitrary Legislation2Liberty and Economic Ideology3 Philosophy, Incorporation, and Natural Law4A Reasonable and Sensitive Judgment5A Zone of Substantive RightsPart II: Fundamental Rights and Modern Conservatism6Procedural and Substantive Due Process7Deeply Rooted in History and Tradition8A Different Description of Fundamental Liberties9The Inquiry Thus ReducesPart III: The Modern Justification for Arbitrariness Review10The Dimension of Personal Liberty11The Guideposts of History, Tradition, and Practice12The Tradition Is A Living ThingPart IV: A More Transcendent Liberty13Certain Actions Are Prohibited14A Prudential Exercise Of The Judicial Power15What Freedom Must BecomeEpilogue

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Book SynopsisWhile the ancient Greeks and Romans are seldom studied in the modern American polity, their societies possessed distinct civic virtues and standards of excellence that formed the basis of the United States. The authors argue that the Founders and Framers of the U.S. created a nation based on the juxtaposition of ancient principles, which helped cultivate a population of civic minded, excellent citizens. The history of the U.S. is far from perfect, but the idea of America, at its origin, was revolutionary. In modern times, however, the authors argue that the American people are forgetting what it means to be American. The decline of both civic virtue and standards of excellence in today’s America is responsible for the rise of poor political leadership. Under President Donald Trump, America’s ability to maintain peace throughout the world, known as Pax Americana, was deteriorated, which worsened the integrity, stability, and longevity of the country. While many scholars have attempted to explain the rise of Trump, the authors argue that if American citizens want to know how Trump rose to power, they need only look into a mirror. Table of ContentsChapter 1: Civic Virtue in Greece and RomeChapter 2: The Foundations of American CitizenshipChapter 3: Trump Rises from the Ashes of the Elites

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Book SynopsisAccording to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.Table of ContentsIntroduction: Nice to Meet You…Chapter 1: Once Upon a Time…Chapter 2: The Difference between Political Concessions and Constitutional LibertiesChapter 3: The Covenant of Israel: Customary Law or LawChapter 4: The Covenantal Society: Lex RexChapter 5: The Covenantal society, Structure, Organization, and Power FlowChapter 6: Justice Administration in Biblical IsraelChapter 7: Inventing a Covenantal Society is ImpossibleChapter 8: Covenantal PsychologyChapter 9: Evolution TreeChapter 10: God Gave Moses the LawChapter 11: The Supremacy of the LawChapter 12: Evolution, Customs, and Law

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Book SynopsisAccording to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.Trade ReviewIn an era in which academic specializations seem to be conceived ever narrower, Livni’s book presents the reader with a stimulatingly broad perspective of the “genealogy” of the covenant idea in American constitutionalism. Livni’s analysis encompasses history, theology, politics, and culture, but also introduces data from such scientific fields as biological evolution and statistical analysis. Livni’s unique cross-fertilization of ideas yields numerous insights of great interest. -- Ira Robinson, Concordia UniversityJoseph Livni’s provocative work is a unique contribution to the study of the American Constitution – not because it is a new perspective drawn from political science, but because it isn’t. Thinking about the Constitution as a covenant may not be entirely new, but postulating the impossibility of the Constitution absent a covenantal society, and opening a window into the origins, essential elements and continuity of covenantal society as distinguished from hierarchical society is new. I found interesting also the extensive discussion from sociological, scientific and mathematical perspectives of the tenacity of covenantal societies, especially their persistence even within broader hierarchical polities. The Biblical Roots of American Constitutionalism:From ‘I am the Lord’ to ‘We the People’ is not only new, it is timely. Contemporary America is in the midst of a constitutional debate over constitutional transformation to a more hierarchical model. This book and its thesis should be an important contributor because, without addressing the specific contemporary context, it can promote a better understanding of what is at stake in the dispute over the contending constitutional theories of “Living Constitution” and “Originalism”. -- Harvey Bines, Partner, Sullivan & Worcester LLPTable of ContentsIntroduction: Nice to Meet You…Chapter 1: Once Upon a Time…Chapter 2: The Difference between Political Concessions and Constitutional LibertiesChapter 3: The Covenant of Israel: Customary Law or LawChapter 4: The Covenantal Society: Lex RexChapter 5: The Covenantal society, Structure, Organization, and Power FlowChapter 6: Justice Administration in Biblical IsraelChapter 7: Inventing a Covenantal Society is ImpossibleChapter 8: Covenantal PsychologyChapter 9: Evolution TreeChapter 10: God Gave Moses the LawChapter 11: The Supremacy of the LawChapter 12: Evolution, Customs, and Law

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Book SynopsisThe dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judgeQadi al Qudat, due to the dire need for reforms in the Sharia'' family law and in order to minimize the intervention of the non-MuslimIsraeli legislator in the divine family law, he took it upon himself to initiate the reforms. As such, this experience is considered pioneer world-wide and unique in its scope. The reforms were done in accordance with the Islamic rules of renewaland are derived from the Islamic jurisprudencesharia'' itself. This process was done in two tracks: First, decisions of the High Court of Appeals should be followed by the lower courts as binding precedents. Second, the president of the High Sharia'' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha, the public interest, in various matters of Islamic law such as promoting women status, children rights and preservation of Islamic sites and cemeteries sanctity.

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Book SynopsisDavid Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General’s 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.Trade ReviewThe Australian constitutional founders explicitly wanted to build a hybrid polity drawing upon the constitution and constitutional practices of the United States and the British Westminster tradition. As David Long shows in this innovative study, although lip services was given throughout the 20th Century to the United States influence, the legacy of British legal literalism within the Australian High Court restricted and eroded the federal and compact of the people essences of the Australian constitution. What emerged was essentially a unitary and undemocratic polity removed for the original intention of the founders. Long argues that this diminished and diminishes Australia. He shows how the lack of a proper interpretative approach towards the Australian constitution that respected the United States influence directly lead to the constitutional crisis of 1975 where an appointed Governor-General dismissed a democratically elected government. Further, he argues that without due regarded for founders’ intentions the spectre of unchecked executive power remains an ever-present possibility within Australia. -- Kieran Tranter, Queensland University of TechnologyAustralia's American Constitution and the Dismissal is an innovative and revealing examination of how Isaac Isaacs was instrumental in transforming the Australian founding. It provides valuable new insights into the way jurisprudential ideas such as legal positivism have shaped and continue to influence Australian federalism and constitutionalism. -- Haig Patapan, Griffith UniversityTable of ContentsChapter 1: The IssuesChapter 2: The Constitutional Convention, 1897–98Chapter 3: The Early CourtChapter 4: The Engineers’ CaseChapter 5: The High Court after EngineersChapter 6: Governor-General’s Reserve Powers

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