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In American Constitutionalism, Third Edition, renowned authors
Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an
innovative approach to the two-semester Constitutional Law sequence
(Volume 1 covers Institutions and Volume II covers Rights and
Liberties) that presents the material in a historical organization
within each volume, as opposed to the typical issues-based
organization. Looking at Supreme Court decisions historically
provides an opportunity for instructors to teach-and for students
to reflect on-the political factions and climate of the day. The
third edition has been updated through the 2020 SCOTUS session, and
features updated cases, analysis, illustrations, and figures.
Throughout American history, views on the proper relationship
between the state and religion have been deeply divided. And, with
recent changes in the composition of the Supreme Court, First
Amendment law concerning religion is likely to change dramatically
in the years ahead. In The Religion Clauses, Erwin Chemerinsky and
Howard Gillman, two of America's leading constitutional scholars,
begin by explaining how freedom of religion is enshrined in the
First Amendment through two provisions. They defend a robust view
of both clauses and work from the premise that that the
establishment clause is best understood, in the words of Thomas
Jefferson, as creating a wall separating church and state. After
examining all the major approaches to the meaning of the
Constitution's religion clauses, they contend that the best
approaches are for the government to be strictly secular and for
there to be no special exemptions for religious people from neutral
and general laws that others must obey. In an America that is only
becoming more diverse with respect to religion, this is not only
the fairest approach, but the one most in tune with what the First
Amendment actually prescribes. Both a pithy primer on the meaning
of the religion clauses and a broad-ranging indictment of the
Court's misinterpretation of them in recent years, The Religion
Clauses shows how a separationist approach is most consistent with
the concerns of the founders who drafted the Constitution and with
the needs of a religiously pluralistic society in the 21st century.
The struggle over the outcome of the 2000 presidential election
inspired countless books offering as many arguments. But over two
years later, most of them now seem like hasty political missives.
Howard Gillman's "The Votes That Counted" had a different aim from
the beginning: to serve as a lasting, authoritative document of the
36 days between the election and its legal resolution, to offer an
accessible overview of the legal strategies and debates, and to
assess the influences of politics and law on the judges who shaped
the outcome of this historical controversy.
What influences decisions of the U.S. Supreme Court? For decades
social scientists focused on the ideology of individual justices.
"Supreme Court Decision Making" moves beyond this focus by
exploring how justices are influenced by the distinctive features
of courts as institutions and their place in the political system.
Drawing on interpretive-historical institutionalism as well as
rational choice theory, a group of leading scholars consider such
factors as the influence of jurisprudence, the unique
characteristics of supreme courts, the dynamics of coalition
building, and the effects of social movements. The volume's
distinguished contributors and broad range make it essential
reading for those interested either in the Supreme Court or the
nature of institutional politics.
Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth
Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein,
Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight,
Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon,
James Spriggs II, and Paul Wahlbeck.
The Complete American Constitutionalism is designed to be the
comprehensive treatment and source for debates on the American
constitutional experience. It provides the analysis, resources, and
materials both domestic and foreign readers must understand with
regards to the practice of constitutionalism in the United States.
This first volume of a projected eight volume set is entitled:
Introduction and The Colonial Era. Here the authors provide the
building blocks for constitutional analysis with an in-depth
exploration of the constitutional conflicts in the seventeenth and
eighteenth centuries that formed the overall American
constitutional experience. This is the first collection of
materials that focuses on the crucial constitutional documents and
debates that structured American constitutional understandings at
the time of the American Revolution. It details the roots of the
common law rights that Americans demanded be respected and the
different interpretations of the English constitutional experience
that increasingly divided Members of Parliament from American
Revolutionaries.
The Complete American Constitutionalism is designed to be the
comprehensive treatment and source for debates on the American
constitutional experience. It provides the analysis, resources, and
materials both domestic and foreign readers must understand with
regards to the practice of constitutionalism in the United States.
This first part to Volume Five of the series covers: The
Constitution of the Confederate States. The authors offer a
comprehensive analysis of the constitution of the Confederate
States during the American Civil War. Confederate constitutionalism
presents the paradox of a society constitutionally committed to
human and white supremacy whose constitutional materials rarely
dwell on human bondage and racism. The foundational texts of
Confederate constitutionalism maintain that racial slavery was at
the core of secession and southern nationality. This volume
provides the various speeches, ordinances and declarations, cases,
and a host of other sources accompanied by detailed historical
commentary.
"The Constitution Besieged" offers a compelling reinterpretation of
one of the most notorious periods in American constitutional
history. In the decades following the Civil War, federal and state
judges struck down as unconstitutional a great deal of innovative
social and economic legislation. Scholars have traditionally viewed
this as the work of a conservative judiciary more interested in
promoting laissez-faire economics than in interpreting the
Constitution. Gillman challenges this scholarly orthodoxy by
showing how these judges were in fact observing a long-standing
constitutional prohibition against "class legislation." Originally
published in cloth by Duke University Press, this book received the
1994 C. Herman Pritchett Award for the "Best Book in the Field of
Law and Courts," awarded by the Law and Courts Section of the
American Political Science Association.
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