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Beschreibung
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and birthed a very different system - and held a very different understanding of citizenship - than Americans believe to be the norm today. "Popular sovreignty" was no historical abstraction nor was the notion of "the people" invoked largely as a flip rhetorical convenience on the campaign trail. Important trails and the prospective passage of influential legislation such as the Alien Act - which granted a president the power to imprison or even deport immigrants - were met with vigorous public debate. The outcomes were greeted with celebratory feasts and bonfires, or riotous resistance. In short, Americans drew a clear parallel between the law and the lived reality of their daily existence. Their self-sovreignty in law as much as politics was active not abstract,
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and birthed a very different system - and held a very different understanding of citizenship - than Americans believe to be the norm today. "Popular sovreignty" was no historical abstraction nor was the notion of "the people" invoked largely as a flip rhetorical convenience on the campaign trail. Important trails and the prospective passage of influential legislation such as the Alien Act - which granted a president the power to imprison or even deport immigrants - were met with vigorous public debate. The outcomes were greeted with celebratory feasts and bonfires, or riotous resistance. In short, Americans drew a clear parallel between the law and the lived reality of their daily existence. Their self-sovreignty in law as much as politics was active not abstract,
Über den Autor
Larry Kramer is Associate Dean for Research and Academics and Russell D. Niles Professor at NYU Law School
Inhaltsverzeichnis
  • Contents

  • Introduction

  • 1: In Substance, and In Principle, the Same as It Was Heretofore: The Customary Constitution

  • 2: A Rule Obligatory Upon Every Department: The Origins of Judicial Review

  • 3: The Power Under the Constitution Will Always Be in the People: The Making of the Constitution

  • 4: Courts, as Well as Other Departments, Are Bound by That Instrument: Accepting Judicial Review

  • 5: What Every True Republican Ought to Depend On: Rejecting Judicial Supremacy

  • 6: Notwithstanding This Abstract View: The Changing Context of Constitutional Law

  • 7: To Preserve the Constitution, as a Perpetual Bond of Union: The Lessons of Experience

  • 8: A Layman's Document, Not a Lawyer's Contract: The Continuing Struggle for Popular Constitutionalism

  • 9: As An American: Popular Constitutionalism, Circa 2003

  • Epilogue

Details
Erscheinungsjahr: 2005
Fachbereich: Öffentliches Recht
Genre: Importe, Recht
Produktart: Nachschlagewerke
Rubrik: Recht & Wirtschaft
Medium: Taschenbuch
Inhalt: Kartoniert / Broschiert
ISBN-13: 9780195306453
ISBN-10: 0195306457
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Kramer, Larry D.
Hersteller: Oxford University Press
Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, D-36244 Bad Hersfeld, gpsr@libri.de
Maße: 229 x 152 x 22 mm
Von/Mit: Larry D. Kramer
Erscheinungsdatum: 12.01.2006
Gewicht: 0,616 kg
Artikel-ID: 120658122

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