Download e-book for iPad: American constitutional law : essays, cases, and comparative by Donald P. Kommers, John E. Finn

By Donald P. Kommers, John E. Finn

ISBN-10: 0742563669

ISBN-13: 9780742563667

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ISBN-13: 9780742563681

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ISBN-13: 9780742599833

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AMERICAN CONSTITUTIONAL legislations offers a finished examine the advance of yankee constitutional legislations from its early, seminal excellent complaints (Marbury v. Madison) to the current. the great ebook is equipped regularly, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislations, quantity II, covers Chapters 8-14 of the excellent textual content facing civil rights and civil liberties.

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Additional info for American constitutional law : essays, cases, and comparative notes [V. 2]

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The presence of so many actors testifies to the importance of the nomination process: It is one of the most important ways the community has of influencing the Court and enforcing a measure of political accountability. Most of the people appointed to the Court have had long and distinguished careers in the law and an exemplary record of public service. Many have been members of Congress, some have aspired to the presidency, and, since 1975, all have been judges on lower courts. The overwhelming majority have been Protestant, white, and males of means.

In some instances, as the Religious Freedom Restoration Act suggests, the Court’s decisions have provoked claims by other institutional actors that they possess a coordinate and co-equal right to interpret the Constitution for themselves. As we shall see in chapter 3, President Jefferson responded to the Court’s opinion in Marbury v. Madison (1803) by insisting ‘‘The Constitution intended that the three great branches of the government should be co-ordinate, & independent of each other. ’’24 Likewise, President Lincoln concluded in his First Inaugural Address (Appendix C) that At the same time, the candid citizen must confess that if the whole policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.

3 On average, there is a vacancy on the Court every two years. Franklin Roosevelt made no appointments in his first term, but had nine opportunities between 1937 and 1943. President Carter made no appointments to the Court, while President Reagan made three. W. Bush made two appointments in his one term, and President Clinton two appointments in two terms. President George W. Bush made two appointments to the Court. Bush nominated John Roberts as an associate justice to replace Justice Sandra Day O’Connor.

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American constitutional law : essays, cases, and comparative notes [V. 2] by Donald P. Kommers, John E. Finn

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