Constitutional Law for a Changing America: A Short Course, Edition 7

CQ Press
Free sample

Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that Supreme Court cases are more than just legal names and citations. Ideal for a one-semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format.

The authors are known for fastidious revising and streamlining of decisions. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Lee Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, and received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided, which won the V. O. Key, Jr. Award for the best book on southern politics.

Read more
Collapse

About the author

Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, including The Choices Justices Make (co-authored with Jack Knight), which won the Pritchett Award for the Best Book on Law and Courts and the Lasting Contribution Award for making a “lasting impression on the field of law and courts.” The Constitutional Law for a Changing America series (co-authored with Thomas G. Walker) received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Her most recent books are The Behavior of Federal Judges, with William M. Landes and Richard A. Posner, and An Introduction to Empirical Legal Research, with Andrew D. Martin.

Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University, where he teaches courses in constitutional law and the judicial process. He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won the V. O. Key, Jr. Award for the best book on southern politics, and the Constitutional Law for a Changing America series, with Lee Epstein. He is also author of Eligible for Execution: The Story of the Daryl Atkins Case (2009).

Read more
Collapse
Loading...

Additional Information

Publisher
CQ Press
Read more
Collapse
Published on
Sep 27, 2017
Read more
Collapse
Pages
840
Read more
Collapse
ISBN
9781506398679
Read more
Collapse
Read more
Collapse
Read more
Collapse
Language
English
Read more
Collapse
Genres
Law / Constitutional
Law / International
Read more
Collapse
Content Protection
This content is DRM protected.
Read more
Collapse
Read Aloud
Available on Android devices
Read more
Collapse
Eligible for Family Library

Reading information

Smartphones and Tablets

Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.

Laptops and Computers

You can read books purchased on Google Play using your computer's web browser.

eReaders and other devices

To read on e-ink devices like the Sony eReader or Barnes & Noble Nook, you'll need to download a file and transfer it to your device. Please follow the detailed Help center instructions to transfer the files to supported eReaders.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.

Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective.



From Reviews of the First Edition:



"...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review."

Common Market Law Review



"an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]."

European Law Journal



"...real scholarship in the profound sense of the word..."

K Lenaerts, Professor of European Law, Leuven
This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins’s case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt’s murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins’s mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6–3 vote said yes.

Daryl Atkins’s situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins’s attorneys promptly filed a notice of appeal, and the case continues today.

Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins’s legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court’s ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life—and how they are all interrelated—to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society’s views on the death penalty.
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it.

We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.

Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.

From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.

We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.

Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
©2019 GoogleSite Terms of ServicePrivacyDevelopersArtistsAbout Google|Location: United StatesLanguage: English (United States)
By purchasing this item, you are transacting with Google Payments and agreeing to the Google Payments Terms of Service and Privacy Notice.