Mark Tushnet

The Constitution of the United States of America (eBook, ePUB)

A Contextual Analysis

• Format: ePub

Produktbeschreibung

This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 304
• Erscheinungstermin: 27. August 2015
• Englisch
• ISBN-13: 9781509901760
• Artikelnr.: 43418447

Autorenporträt

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He was President of the Association of American Law Schools in 2003, and in 2002 was elected a Fellow of the American Academy of Arts and Sciences.

Photo by Martha Stewart.

MARK TUSHNET is Professor of Law at Georgetown University Law Center. Among his many books are The American Law of Slavery, 1818-1860, Central America and the Law, and Constitutional Law, and he is the author of numerous articles on constitutional law and history.

Inhaltsangabe

INTRODUCTION 1. AN OVERVIEW OF THE HISTORY OF THE US CONSTITUTION From the
Revolution to the Bill of Rights The Early National Period The Crisis over
Slavery and the Civil War The Late Nineteenth Century and the Growth of the
Modern State The New Deal Crisis and the New Constitutional Regime From the
Reagan Revolution to the Present Conclusion Further Reading 2. THE
CONSTITUTIONAL POLITICS OF THE LEGISLATIVE BRANCH Congress: Its Basic
Structure and Roles The American Party System Political Parties and the
Written Constitution Conduct of Elections Legislative Districting and
Gerrymandering Candidate Selection and Gerrymandering Campaign Financing
Constitutional Politics within Congress Conclusion Further Reading 3. THE
CONSTITUTIONAL POLITICS OF THE EXECUTIVE BRANCH The President as Party
Leader The President's Role in Legislation The Unitary Executive and the
Modern Administrative State The Unitary Executive in Foreign Affairs
Conclusion Further Reading 4. THE CONSTITUTIONAL POLITICS OF THE JUDICIAL
BRANCH Judicial Selection Judicial Review and Judicial Supremacy Political
Constraints on the Jurisdiction of the Federal Courts Doctrinal Constraints
on the Jurisdiction of the Federal Courts Standing Conclusion Further
Reading 5. FEDERALISM AND THE REACH OF NATIONAL POWER State Governments and
the US Constitution The Emergence of (Nearly) Plenary National Power The
So-Called 'Federalism Revolution' of the 1990s and Beyond Federalism and
the Spending Power Conclusion Further Reading 6. THE SUBSTANCE OF
INDIVIDUAL RIGHTS UNDER THE CONSTITUTION The Starting Point Pragmatic and
Realist Critiques The New Deal Reconstruction The Emergence of Modern
Liberalism: Autonomy and Accommodation Lawyers and Rights Litigation: The
Development of Support Structures Political Parties and Social
Movements From Congress to the Courts: The Venues for Rights Protection The
'Backlash' Thesis Constitutional Rights in the Twenty-First Century Further
Reading 7. THE PROCESSES OF CONSTITUTIONAL CHANGE Formal Amendments
Substance Constitutional Interpretation as a Mechanism of Constitutional
Change Interpretive Methods: An Introduction Conclusion Constitutional
Moments and Constitutional Change Constitutional Moments Concluding
Thoughts Further Reading