Reflections on Constitutional LawConstitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence. |
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Índice
| 3 | |
| 9 | |
| 15 | |
4 The Articles of Confederation 17761789 The Northwest Ordinance 1787 | 21 |
5 Emergence of the Constitution 17861791 | 27 |
6 Marbury v Madison 1803 | 33 |
7 Swift v Tyson 1842 Erie Railroad COmpany v Tompkins 1938 | 40 |
8 Martin v Hunters Lessee 1816 MCulloch v Maryland 1819 | 47 |
A False Start? | 132 |
More Flase Starts? | 139 |
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955 | 146 |
11 Affirmative Action and the Fourteenth Amendment | 153 |
12 San Antonio Independent School District v Rodriguez 1973 | 160 |
13 Whose Votes Count for Whatand When? | 167 |
Appendix A | 175 |
Appendix B | 187 |
9 Gibbons v Ogden 1824 | 53 |
10 Burdens on Interstate Commerce 19051981 | 60 |
11 Missouri v Holland 1920 Wickard v Filburn 1942 | 67 |
12 The Presidency and the Constitution | 74 |
13 A Government of Enumerated Powers? | 81 |
1 Realism and the Study of Constitutional Law | 91 |
2 The Challenges of Skepticism for the Constitutionalist | 97 |
The Erie Problem Reconsidered | 102 |
4 The Confederate Constitution 18611865 | 108 |
5 The Japanese Relocation Cases 1943 1944 | 114 |
6 Calder v Bull 1798 Barron v Baltimore 1833 | 120 |
Untitled | 126 |
Appendix C | 193 |
Appendix D | 203 |
Appendix E | 211 |
Appendix F | 225 |
Appendix G | 227 |
Appendix H | 237 |
Appendix I | 239 |
Appendix J | 257 |
| 261 | |
About the Author | 269 |
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Palavras e frases frequentes
action Amendment American appointed Articles of Confederation assembled authority Barons become Bill called century chance circumstances citizens Civil Clause Commerce common law concerns Confederate Congress considered Constitution Constitution of 1787 continue controversy Convention Country course critical depend determine developed district document duties effect elected equal established evident Executive exercise expected fact Federal forces Government granted happen hold House important Independence insistence issue John judges judicial Justice kind land least legislation legislatures less liberties limited manner matters means measures ment natural necessary Northwest Ordinance noticed once Opinion particularly perhaps person political practical President privileges question ratification reasoning recognized Reflections regulate relations relied reminded Representatives respect rules seems seen Senate sense suggested Supreme Court taken term territory thereof things tion Union United unless Vice President vote
Informação bibliográfica
| Título | Reflections on Constitutional Law |
| Autor | George Anastaplo |
| Editora | University Press of Kentucky, 2006 |
| ISBN | 0813171342, 9780813171340 |
| Número de páginas | 288 páginas |
| Exportar citação | BiBTeX EndNote RefMan |