saving the constitution from lawyers how legal training and law reviews distort constitutional meaning

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Saving The Constitution From Lawyers

Author : Robert J. Spitzer
ISBN : 9781139471268
Genre : Law
File Size : 49. 57 MB
Format : PDF
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This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals – professional publications run by law students, not faculty or other professionals – and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

The Presidency In The Twenty First Century

Author : Charles Dunn
ISBN : 9780813134031
Genre : Political Science
File Size : 81. 72 MB
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As the most prominent figure of the U.S. government, the president is under constant scrutiny from both his colleagues and the American people. Questions about the proper role of the president have been especially prevalent in the media during the current economic crisis. The Presidency in the Twenty-first Century explores the growth of presidential power, investigating its social, political, and economic impact on America’s present and future. Editor Charles W. Dunn and a team of the nation’s leading political scientists examine a variety of topics, from the link between campaigning and governing to trends in presidential communication with the public. The book discusses the role of the presidency in a government designed to require cooperation with Congress and how this relationship is further complicated by the expectations of the public. Several contributors take a closer look at the Obama administration in light of President George W. Bush’s emphasis on the unitary executive, a governing style that continues to be highly controversial. Dunn and his contributors provide readers with a thorough analysis of a rapidly changing political role, provoking important questions about the future of America’s political system.

Guns Across America

Author : Robert Spitzer
ISBN : 9780190228606
Genre : Political Science
File Size : 23. 60 MB
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In vast swathes of America, the sacredness of the Second Amendment has become a political third rail, never to be questioned. Gun rights supporters wear tri-cornered hats, wave the stars and stripes, and ask what would have happened if the revolutionaries had been unarmed when the British were coming. They have had great success in conflating unfettered gun ownership with the Founding Fathers, the Constitution, and all things American, even in an era of repeated mass shootings. Yet the all-too-familiar narrative of America's gun past, echoed in the Supreme Court's Heller gun rights decision, is not only mythologized, but historically wrong. As Robert J. Spitzer demonstrates in Guns across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in the country's first three centuries than in recent years. The first "gun grabbers" were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern "stand your ground" laws, and the so-called "right of rebellion" to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past. And as gun rights proponents seek to roll back gun laws and press as many guns into as many hands as possible, warning that gun rights are endangered, they sidestep the central question: are stricter gun laws incompatible with robust gun rights? Spitzer answers this question by examining New York State's tough gun laws, where his political analysis is complemented by his own quest for a concealed carry handgun permit and construction of a legal AR-15 assault weapon. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-hidden truth: that gun regulations are in fact as American as apple pie

Routledge Handbook Of American Foreign Policy

Author : Steven W. Hook
ISBN : 9781135967345
Genre : Political Science
File Size : 53. 55 MB
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No nation has maintained such an immense stature in world politics as the United States has since the Cold War’s end. In the wake of the 9/11 attacks, prompting the global war on terrorism and the U.S. invasion of Afghanistan and Iraq, along with American economic and "soft power" primacy, there has been increased interest in and scrutiny of American foreign policy. The Routledge Handbook of American Foreign Policy brings together leading experts in the field to examine current trends in the way scholars study the history and theories of American conduct in the world, analysis of state and non-state actors and their tools in conducting policy, and the dynamics of a variety of pressing transnational challenges facing the United States. This volume provides a systematic overview of all aspects of American foreign policy and drives the agenda for further, cutting edge research. Contributors bring analytic depth and breadth to both the ways in which this subject is approached and the substance of policy formulation and process. The Handbook is an invaluable resource to students, researchers, scholars, and journalists trying to make sense of the broader debates in international relations.

The Law Of The Executive Branch

Author : Dr. Louis Fisher
ISBN : 9780199350414
Genre : Law
File Size : 68. 46 MB
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The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

Guns In American Society An Encyclopedia Of History Politics Culture And The Law 2nd Edition 3 Volumes

Author : Gregg Lee Carter
ISBN : 9780313386718
Genre : History
File Size : 76. 89 MB
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Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations

American Review Of Politics

Author :
ISBN : WISC:89099602005
Genre : Southern States
File Size : 46. 88 MB
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Leadership At The Crossroads Leadership And Politics

Author : Joanne B. Ciulla
ISBN : 0275997642
Genre : Leadership
File Size : 60. 74 MB
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Contributors from a wide variety of fields, including management, economics, political science, philosophy, sociology, history, literature, and psychology, explore the many facets of leadership. Topics include ethics and accountability, leadership styles, the differences between leadership and management, the poison spread by toxic leaders, inspirational leadership, choosing and monitoring leaders, leadership development, women and minorities in leadership, leadership and diplomacy, leadership in literature and the arts, military leadership, and much more. Collectively, this set showcases traditional and emerging approaches to leadership in both theory and practice and raises new questions brought on by society's new challenges. It also suggests solutions for developing and promoting leadership in the corporate world, politics and diplomacy, religion, education, nonprofits, and the arts. Whether identifying qualities that will serve a U.S. president well, or the characteristics of the essential "can-do" supervisor in today's corporation, Leadership at the Crossroads supplies insights and intelligence that will help leaders make the most of the challenges and opportunities before them.

Choice

Author :
ISBN : UCSC:32106017985323
Genre : Academic libraries
File Size : 24. 38 MB
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Symposium

Author : University of California, Los Angeles. School of Law
ISBN : STANFORD:36105063782986
Genre : History
File Size : 85. 38 MB
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