Download American constitutional law : essays, cases, and comparative by Donald P. Kommers, John E. Finn PDF

By Donald P. Kommers, John E. Finn

AMERICAN CONSTITUTIONAL legislation offers a accomplished examine the advance of yankee constitutional legislation from its early, seminal perfect proceedings (Marbury v. Madison) to the current. the great ebook is equipped typically, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislations, quantity I, covers Chapters 1-7 of the great textual content facing the powers of the govt: judicial evaluation, regulating trade, making treaties, and so on.

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Extra info for American constitutional law : essays, cases, and comparative notes [V. 1]

Sample text

President Johnson appointed Thurgood Marshall as the first African American on the Court in 1967. In 1981 President Reagan appointed Sandra Day O’Connor as the first woman on the Court, and he appointed Justice Antonin Scalia, the first Italian American, in 1986. Most nominees are confirmed without great difficulty. Between 1900 and 1967 the Senate rejected only one nominee. Since 1967, however, the Senate has rejected seven nominees. On what basis may the Senate reject an appointment? : Prentice-Hall, 1996), 31–74.

In part, the aversion to the American model has stemmed from different understandings about the meaning of separation of powers and equality under law, as well as differences occasioned by the predominance of parliamentarianism rather than presidential regimes. The prestige and influence of constitutional courts varies. Some of them, such as the German and the Canadian, have attained considerable influence and are important, persuasive voices in their countries. Other courts, especially in Latin America and the newly democratic states of Eastern Europe, are still embryonic.

Many briefs include a great variety of nonlegal materials—such as medical information or social science—to support or to challenge the statute or policy at issue. Sometimes called ‘‘Brandeis briefs,’’13 these briefs illustrate how constitutional interpretation is not simply an academic or legal exercise, but also concerns and is shaped by conceptions of what constitutes good and wise public policy. ’’ Various interest groups and other organizations that have an interest or expertise in a particular area, such as the American Civil Liberties Union, the National Organization for Women, and Academics for the Second Amendment (which filed an amicus brief in the recent case of District of Columbia v.

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