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The Cycles of Constitutional Time

The Cycles of Constitutional Time PDF Author: Jack M. Balkin
Publisher: Oxford University Press, USA
ISBN: 0197530990
Category : Law
Languages : en
Pages : 256

Book Description
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

The Cycles of Constitutional Time

The Cycles of Constitutional Time PDF Author: Jack M. Balkin
Publisher: Oxford University Press, USA
ISBN: 0197530990
Category : Law
Languages : en
Pages : 256
Book Description
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

Fidelity & Constraint

Fidelity & Constraint PDF Author: Lawrence Lessig
Publisher: Oxford University Press
ISBN: 0190932570
Category : Law
Languages : en
Pages : 448
Book Description
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Official Report of the Proceedings and Debates of the Third Constitutional Convention of Ohio

Official Report of the Proceedings and Debates of the Third Constitutional Convention of Ohio PDF Author: Ohio. Constitutional Convention
Publisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages :
Book Description


The Southwestern Reporter

The Southwestern Reporter PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages :
Book Description


The South Western Reporter

The South Western Reporter PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages :
Book Description
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.

Southern Reporter

Southern Reporter PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages :
Book Description
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.

Our Constitution Is Losing the War on Terror

Our Constitution Is Losing the War on Terror PDF Author: David Lindholm
Publisher: CreateSpace
ISBN: 9781493646531
Category : Political Science
Languages : en
Pages : 694
Book Description
This book tackles the seemingly impossible: “Conspiracy Theories” exist everywhere in the public domain causing universal confusion. Conspiracy Theories are not individual functions in time they are derivatives all being integrated into a single whole as a function of this time; the end time. In its pages, you'll find, this book describes that single source. In fact, you will find the confusion caused by them is made precise. Many events confirm this as the end time. Astronomical cycles are concluding simultaneously as an indicator. However, nothing is more compelling than religious doctrine that in our seeing, is unfolding the story told throughout millennia. This time, it's told revealing some particulars. The frequency spectrum, in its entirety forms the structure of creation and is the highway system of the cosmos. We are beings of certain electrical constructions existing in that frequency spectrum. But now, the virtual space = computer generated space = electrical flux fills the atmosphere of earth creating the largest computerized beast [Google Earth] ever to exist in creation. It has arrived on the virtual space written in binary bits turning the atmosphere into something like a crystal ball connected to each person, using electrical devices. [computers, cell phones, a car's computer and most electrical board operated devices] Throughout history crystal balls have been devices of sorcery associated with evil, witches, and the like. As such, they have the ability to watch someone from dimensions unseen by those they watch. It is no different today. This is used in organized crime. This entity of organized crime has amassed the largest army the world has ever known, whose secret forces attack those not numbered among them from invisible frequency bandwidth dimensions of its own construction. No person, not a member, of the crime entity knows who any army member is. This invisible insurgency has all but taken over the world from invisible dimensions controlled by organized crime, right now! Cim_Windows; Windows-Live is the engine powering the crystal ball in the atmosphere; it is a dual operating computer system constructing a physical computer while creating an invisible virtual [binary bit] dome connecting it to the medium the crystal ball sees, making you visible to others, you can't see. Your device is connected to about 3,000 Illuminati Company URL sites - the “Generals” of Insurgency [listed in exhibit 1] - in digital streams the crystal ball sees, enabling the generals and their army to monitor, record and manipulate everyone; transmitted everywhere as Meta-Data. It's all connected to the virtual space of Google Earth - the “all seeing eye” - the single mainframe super computer of the virtual space located at - (see the internet aside) The United States is being defeated in a revolution unrealized by those not part of the invisible dimension's movement. The “War on Terror” and the Constitution are different sets of laws for the land. In essence, they are diametrically opposed to each other; as to their form and substance. These two sets of laws operate mutually exclusive of each other; meaning the occurrence of one precludes the other. Thru its sorcery; by Presidential order the Constitution has been put on hold to accommodate the operations of the “War on Terror.” Our Constitutional rights aren't just being violated; they've been put on hold. They no longer exist because the “War on Terror” can't function if they do. The “War on Terror” is bringing in a new world government to replace the United States and every other country. Our Constitution is not surviving this war! Here, I use a unique process of building a storybook from conceptual images each depicting details from different contexts. As the pages of the storybook develop a resolution of the whole picture emerges fulfilling every expectation you've imagined you'd attain from this read. Please, enjoy its precision.

The Cycles of American History

The Cycles of American History PDF Author: Arthur M. Schlesinger
Publisher: HMH
ISBN: 0547527500
Category : History
Languages : en
Pages : 512
Book Description
A Pulitzer Prize–winning historian discusses “the Cold War, political parties, the presidency, and many broader philosophical issues [with] incisive wit” (Library Journal). A celebrated historian, speechwriter, and adviser to President Kennedy, Arthur M. Schlesinger Jr. draws on decades of astute observation to construct a dialectic of American politics, or as Time magazine called it, a “recurring struggle between pragmatism and idealism in the American soul.” The Cycles of American History traces two conflicting visions of America—Experiment vs. Destiny—through two centuries of political evolution, conflict, and progress. In this updated edition, Schlesinger reflects on the dawn of a new millennium and how new social and technological revolutions could lead to a revolution in American political cycles. “Whatever the nation’s political future, it can benefit from the intelligence and regard for our country’s best traditions evident in these informed and humane essays.” —TheNew York Times “Displays the author at his best: trenchant, erudite, crisp.” —Foreign Affairs “An excellent and provocative primer on the challenges surrounding the contemporary American political setting . . . First-rate history mixed with a strong sense of public service.” —The Christian Science Monitor

Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas

Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas PDF Author: Arkansas. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 644
Book Description


Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of the State of Arkansas

Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of the State of Arkansas PDF Author: Arkansas. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 642
Book Description