the upside down constitution

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The Upside Down Constitution

Author : Michael S. Greve
ISBN : 0674061918
Genre : Political Science
File Size : 55. 52 MB
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The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.

The Upside Down Constitution

Author : Michael S. Greve
ISBN : 9780674063228
Genre : Political Science
File Size : 27. 9 MB
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The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.

Originalism Federalism And The American Constitutional Enterprise

Author : Edward A. Purcell
ISBN : 0300122039
Genre : Political Science
File Size : 22. 84 MB
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In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true” nature of American federalism, Purcell contends, nor was there a consensus on "correct” lines dividing state and national authority. Furthermore, even had there been some true "original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

Canada S Indigenous Constitution

Author : John Borrows
ISBN : 9781442610385
Genre : Law
File Size : 20. 45 MB
Format : PDF
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With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--pub. desc.

Prakriti

Author : Robert E. Suoboda
ISBN : 9780965620833
Genre : Health & Fitness
File Size : 21. 20 MB
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Dr. Svoboda's original work on the constitutional types in Ayurveda has been considered a classic for many years. His new revision and expansion of the subject comes after much further research and practical experience. Dr. Vasant Lad points out: "The healing science of Ayurveda is based totally upon the knowledge of "prakriti," the individual constitution. If every individual knows his own constitution, then one can understand, for instance, what is a good diet and style of life for oneself. One man's food is another man's poison. Therefore, to make one's life healthy, happy and balanced, the knowledge of constitution is absolutely necessary."

Interpreting The Constitution

Author : Kent Greenawalt
ISBN : 9780190606473
Genre : Political Science
File Size : 45. 25 MB
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This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the books major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The books central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.

Rationalism Pluralism And Freedom

Author : Jacob T. Levy
ISBN : 9780198717140
Genre : Political Science
File Size : 33. 60 MB
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This title offers an original account of the history of liberal thought, one grounded in an institutional history of medieval pluralism and the early modern rationalising state, and explores the deep tensions that liberal political thought rests upon.

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