Results by title
214 books match the query 'Constitutional' and 9 start with r
Reclaiming Accountability
Transparency, Executive Power, and the U.S. ConstitutionHeidi Kitrosser
University of Chicago Press, 2014
In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Reconstructing Reconstruction
The Supreme Court and the Production of Historical TruthPamela Brandwein
Duke University Press, 1999
Delving into the circumstances, assumptions, and rhetoric that shaped the “official” story of Reconstruction, Brandwein describes precisely how a dominant interpretation of events ultimately emerged and what its implications have been for twentieth-century judicial decisions, particularly for Supreme Court rulings on civil rights. While analyzing interpretive disputes about slavery, Brandwein offers a detailed rescoring of post–Civil War legislative and constitutional history, including analysis of the original understanding of the Fourteenth Amendment. She identifies the perspectives on Reconstruction that were endorsed or rejected by the Supreme Court. Explaining what it meant—theoretically and practically—to resolve Reconstruction debates with a particular definition of slavery, Brandwein recounts how the Northern Democratic definition of “ending” slavery was not the only definition, just the one that prevailed. Using a familiar historical moment to do new interpretive work, she outlines a sociology of constitutional law, showing how subjective narrative construction can solidify into opaque institutional memory.
Reconstructing the National Bank Controversy
Politics and Law in the Early American RepublicEric Lomazoff
University of Chicago Press, 2018
With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Regulatory Rights
Supreme Court Activism, the Public Interest, and the Making of Constitutional LawLarry Yackle
University of Chicago Press, 2007
Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
Rehabilitating Lochner
Defending Individual Rights against Progressive ReformDavid E. Bernstein
University of Chicago Press, 2011
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents.
Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Religious Liberty in America
The First Amendment in Historical and Contemporary PerspectiveBruce T. Murray
University of Massachusetts Press, 2008
A nation founded on church-state separation is still debating where the line is drawn
In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The ongoing court battles over the inclusion of the words “under God” in the Pledge of Allegiance, the now annual cultural quarrel over “Merry Christmas” vs. “Happy Holidays,” and the political promotion of “faith-based initiatives” to address social problems—all reflect competing views of the meaning of the religious liberty clauses of the First Amendment.
Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority—an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche.
Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
Rethinking the Rule of Law after Communism
Wojciech Sadurski
Central European University Press, 2005
Rights of Inclusion
Law and Identity in the Life Stories of Americans with DisabilitiesDavid M. Engel and Frank W. Munger
University of Chicago Press, 2003
Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.
Ruth Bader Ginsburg’s Legacy of Dissent
Feminist Rhetoric and the LawKatie L. Gibson
University of Alabama Press, 2018
A rhetorical analysis of Justice Ruth Bader Ginsburg’s feminist jurisprudence.
Ruth Bader Ginsburg’s lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law.
This illuminating work examines Justice Ruth Bader Ginsburg’s contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women’s rights) and describes her rhetorical contributions—beginning with her work in the 1970s as a lawyer and an advocate for the ACLU’s Women’s Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg’s rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg’s jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.
Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg’s voice of dissent today, Ginsburg’s rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric.