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Author : Charles Fairman
Release : 1949
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Some New Problems of the Constitution Following the Flag by : Charles Fairman
Download or read book Some New Problems of the Constitution Following the Flag written by Charles Fairman. This book was released on 1949. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kal Raustiala
Release : 2011
Genre : History
Kind : eBook
Book Rating : 179/5 ( reviews)
Book Synopsis Does the Constitution Follow the Flag? by : Kal Raustiala
Download or read book Does the Constitution Follow the Flag? written by Kal Raustiala. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
Author : Gerald L. Neuman
Release : 2015-05-25
Genre : History
Kind : eBook
Book Rating : 573/5 ( reviews)
Book Synopsis Reconsidering the Insular Cases by : Gerald L. Neuman
Download or read book Reconsidering the Insular Cases written by Gerald L. Neuman. This book was released on 2015-05-25. Available in PDF, EPUB and Kindle. Book excerpt: Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Author : John E. Nowak
Release : 1986
Genre : Constitutional law
Kind : eBook
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Book Synopsis Constitutional Law by : John E. Nowak
Download or read book Constitutional Law written by John E. Nowak. This book was released on 1986. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey R. Stone
Release : 2020-01-06
Genre : LAW
Kind : eBook
Book Rating : 20X/5 ( reviews)
Book Synopsis Democracy and Equality by : Geoffrey R. Stone
Download or read book Democracy and Equality written by Geoffrey R. Stone. This book was released on 2020-01-06. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
