By Donald P. Kommers, John E. Finn
AMERICAN CONSTITUTIONAL legislation offers a finished examine the advance of yankee constitutional legislations from its early, seminal ideally suited proceedings (Marbury v. Madison) to the current. the excellent publication is geared up characteristically, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislation, quantity II, covers Chapters 8-14 of the excellent textual content facing civil rights and civil liberties.
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Extra resources for American constitutional law : essays, cases, and comparative notes [V. 2]
Each represents a policy choice by the Court to limit its jurisdiction to avoid certain kinds of cases and issues, usually for reasons that go to the limited role of the Court in the larger political order. ’’ Section 2 is one of the primary means we have of assuring that the federal courts are accountable to the community. The principle of accountability, however, exists in some tension with the principle of judicial independence. As we shall see in chapter 3, Congress has exercised its power to control the Court’s appellate jurisdiction on several occasions.
When an English court makes such a ruling, the case is tossed back to Parliament, which then has the option of repealing the law or reaffirming the statute. 26 ................. 29 Even within the two species, though, there is wide room for variation. Different constitutions provide for different judicial structures and kinds of organizations, for different procedures, and for different methods of appointing and removing justices. As you consider the following materials, it may be useful to consider whether these different arrangements shed light on the assumptions we make about the purposes and problems of constitutionalism, of the best way to structure the polity, and of human nature.
12 Finally, the kinds of petitions the Court accepts will be influenced by the kinds of issues—political, economic, moral, and social—that preoccupy society at the time. From the founding to the Civil War, for example, the Court’s agenda was dominated by questions concerning the distribution of political power between the national government and the states. The post–Civil War period and the early twentieth century brought to the Court issues about the growth of monopoly and industrialization. In the past several decades the rapid rise of the administrative welfare state has led the Court to concentrate on issues surrounding the individual’s relationship to the state.
American constitutional law : essays, cases, and comparative notes [V. 2] by Donald P. Kommers, John E. Finn