Constitutional Reform Gone Awry
Author : Rodney T. Smith
Publisher :
Page : pages
File Size : 44,80 MB
Release : 1985
Category :
ISBN :
Author : Rodney T. Smith
Publisher :
Page : pages
File Size : 44,80 MB
Release : 1985
Category :
ISBN :
Author : Rodney T. Smith
Publisher :
Page : 134 pages
File Size : 30,86 MB
Release : 1989
Category : Property tax
ISBN :
Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 27,70 MB
Release : 2021
Category : Law
ISBN : 1328518116
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : Tom Ginsburg
Publisher : University of Chicago Press
Page : 306 pages
File Size : 39,33 MB
Release : 2018-10-05
Category : Law
ISBN : 022656438X
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Sanford Levinson
Publisher : Oxford University Press
Page : 260 pages
File Size : 13,91 MB
Release : 2008
Category : Law
ISBN : 0195365577
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author : United States. Congress. Joint Economic Committee
Publisher :
Page : 412 pages
File Size : 11,77 MB
Release : 1983
Category : Constitutional law
ISBN :
Author : Erwin Chemerinsky
Publisher : Liveright Publishing
Page : 344 pages
File Size : 36,52 MB
Release : 2021-08-24
Category : Law
ISBN : 1631496522
An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Author : United States. Congress. Joint Economic Committee
Publisher :
Page : 1094 pages
File Size : 28,97 MB
Release : 1983
Category : Constitutional law
ISBN :
Author : Sujit Choudhry
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 22,80 MB
Release : 2016
Category : Constitutional history
ISBN : 9781783472956
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author : Daron R. Shaw
Publisher : Oxford University Press, USA
Page : 201 pages
File Size : 37,79 MB
Release : 2021
Category : Law
ISBN : 0197548415
"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"--