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 : 26. 24 MB
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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 Law Of The Executive Branch

Author : Louis Fisher
ISBN : 9780199856213
Genre : Law
File Size : 46. 97 MB
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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. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

Guns Across America

Author : Robert Spitzer
ISBN : 9780190228606
Genre : Political Science
File Size : 76. 54 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

The Presidency In The Twenty First Century

Author : Charles Dunn
ISBN : 9780813134031
Genre : Political Science
File Size : 28. 36 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 In American Society

Author : Gregg Lee Carter
ISBN : 9780313386701
Genre : History
File Size : 50. 26 MB
Format : PDF
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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 : 80. 51 MB
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Choice

Author :
ISBN : UCSC:32106017985323
Genre : Academic libraries
File Size : 67. 74 MB
Format : PDF
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Leadership At The Crossroads Leadership And Politics

Author : Joanne B. Ciulla
ISBN : 0275997642
Genre : Leadership
File Size : 62. 5 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.

The Supreme Court S Retreat From Reconstruction

Author : Frank J. Scaturro
ISBN : 0313311056
Genre : Law
File Size : 46. 73 MB
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Compares the Supreme Court's holdings regarding the Thirteenth, Fourteenth, and Fifteenth Amendments to the framers' own interpretations and examines the resulting distortions of constitutional law, some of which continue to this day.

Book Review Index 2009

Author : Dana Ferguson
ISBN : 1414419120
Genre : Language Arts & Disciplines
File Size : 23. 75 MB
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