Constitutional Studies

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The First Chief Justice

Chronicles the efforts of the first Chief Justice of the US Supreme Court to establish a federal court system during the country's uncertain early years.

Power, Constraint, and Policy Change

Examines how state courts change public policy through an analysis of their influence on state education finance reform.

The Politics of Presidential Impeachment

Argues that impeachment may no longer be an effective check on overreach by American presidents.

John Marshall's Constitutionalism

A study of John Marshall's political thought with special emphasis on his views of constitutional legitimacy, sovereignty, citizenship, and national identity.

Constitutionalism, Executive Power, and the Spirit of Moderation

Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics.

Innovative Congressional Minimum Standards Preemption Statutes

Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes.

New York's Broken Constitution

Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform.

Public Spaces, Marketplaces, and the Constitution

Examines how the Supreme Court has banished free expression from shopping malls and other public spaces.

Unifying the Nation

In-depth examination of a rarely studied article of the United States Constitution.

The Presidential Leadership Dilemma

Examines how the president balances the competing demands of leading his political party and leading the nation.

Affirmative Action in Antidiscrimination Law and Policy

Provides a comprehensive and even-handed overview of the very contentious subject of affirmative action.

Defenders of Liberty or Champions of Security?

Examines the critical role assumed by the U. S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of September 11, 2001.

Rights, Remedies, and the Impact of State Sovereign Immunity

Engaging case studies on the impact of state sovereign immunity on both plaintiffs and states.

Contemporary American Federalism

Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.

Justice as Integrity

Strives to show why morality and, in particular, tolerance are each part of the idea of law.

The Judiciary and American Democracy

Examines recent debates in constitutional theory in light of the work of Alexander Bickel.

Constitutional Politics in Canada and the United States

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

Representation in Crisis

Details how the Supreme Court has impoverished the constitutional standing of political parties, thereby contributing to a crisis of representation.

The Constitution and the American Presidency

In this unusual and provocative volume, historians examine the presidencies of Jefferson, Jackson, Lincoln, Theodore Roosevelt, F. D. R., and Truman, while political scientists assess the contemporary ...

Liberty, Property, and the Future of Constitutional Development

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters ...

Liberty, Property, and Government

This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth.

The authors grapple with such questions as: how should ...

Toward A More Perfect Union

Edited by Neil L. York
Subjects: Politics And Law

Toward a More Perfect Union is the last of a three-volume series examining the Constitution—as it was drafted and ratified, and the uses made of it over the past two hundred years. Each volume includes ...

Liberty, Property, and the Foundations of the American Constitution

Here is what the Framers of the Constitution thought about economic rights. To the current debate over constitutional interpretation, this book adds a dispassionate examination of our beginnings. It focuses ...

The Constitution and the Regulation of Society

In the two hundred years since ratification of the Constitution, government regulation of American society has grown enormously in both scope and complexity. The Framers, who made short work of regulation ...