Reflections on Constitutional Law
University Press of Kentucky, 25. aug. 2006 - 288 sider
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
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8 Martin v Hunters Lessee 1816 MCulloch v Maryland 1819
A False Start?
More Flase Starts?
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955
11 Affirmative Action and the Fourteenth Amendment
12 San Antonio Independent School District v Rodriguez 1973
13 Whose Votes Count for Whatand When?
9 Gibbons v Ogden 1824
10 Burdens on Interstate Commerce 19051981
11 Missouri v Holland 1920 Wickard v Filburn 1942
12 The Presidency and the Constitution
13 A Government of Enumerated Powers?
1 Realism and the Study of Constitutional Law
2 The Challenges of Skepticism for the Constitutionalist
The Erie Problem Reconsidered
4 The Confederate Constitution 18611865
5 The Japanese Relocation Cases 1943 1944
6 Calder v Bull 1798 Barron v Baltimore 1833
About the Author
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Side 232 - The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Side 220 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
Side 193 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Side 243 - Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...
Side 187 - Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.
Side 212 - Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Side 216 - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.