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The Intelligible Constitution : The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand

The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand

Author: Joseph Goldstein Sterling Professor of Law Yale University Law School

Publisher: Oxford University Press, USA


Category: Political Science

Page: 224

View: 976

In Webster v. Reproductive Health Services, a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution, Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron, Regents of the University of California v. Bakke, and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century.

Intelligible Constitution

Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand

Author: Joseph Goldstein



Category: Constitutional law

Page: 224

View: 174

Emanuel Law Outlines for Constitutional Law

Author: Steven L. Emanuel

Publisher: Wolters Kluwer


Category: Law

Page: 972

View: 239

Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!

Emanuel CrunchTime for Constitutional Law

Author: Steven L. Emanuel

Publisher: Wolters Kluwer


Category: Law

Page: 416

View: 730

When it’s exam time you need the right information in the right format to study efficiently and effectively. Emanuel® CrunchTime is the perfect tool for exam studying. With flowcharts and capsule summaries of major points of law and critical issues, as well as exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers – you will be prepared for your next big test. Here's why you will need Emanuel® CrunchTime to help you ace your exams: Perfect for the visual learner: The flow charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. Featured capsule summaries help you quickly review key concepts not just before the exam, but throughout the semester Exams Tips recap the most commonly tested issues and fact patterns.

American Constitutional Law

Essays, Cases, and Comparative Notes

Author: Donald P. Kommers

Publisher: Rowman & Littlefield


Category: Political Science

Page: 1095

View: 308

Designed for an undergraduate course in US constitutional law, the casebook takes a liberal arts approach, tracing constitutional doctrine and policy back to their foundation in social, moral, and political theory, and prompting students to engage the great questions of political life addressed by the Constitution and its interpretation. Opinions of the US Supreme Court constitute the core of the documents. The first edition was published in 1998; the second adds and updates topics. Annotation : 2004 Book News, Inc., Portland, OR (

Administrative Law

Author: Steven J. Cann

Publisher: SAGE


Category: Political Science

Page: 585

View: 170

In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.

Administrative Law

Cases and Materials

Author: Ronald A. Cass

Publisher: Aspen Publishers


Category: Law

Page: 1040

View: 606

Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Eighth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Eighth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the Eighth Edition: New insight into the thinking of the Supreme Court’s newest Justices on crucial separation-of-powers questions (especially in excerpts from the Gundy, Kisor, and PHH cases) Multiple excerpts from the controversial citizenship-question Census case Excerpts of judicial responses to Trump Administration initiatives in immigration and environmental law Multiple excerpts from the DAPA case (Texas v. US), as a platform for considering the fate of the DACA program and other immigration controversies Comprehensive updates of materials on Chevron deference, arbitrary-capricious review, substantial evidence review, reviewability of agency action, the appointment and supervision of ALJs, and presidential oversight of rulemaking Professors and students will benefit from: The “case study” approach that illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two which enable instructors to show how doctrinal issues are shaped by functional context. Theoretical materials presented at the beginning of the book that provide a useful template for probing issues throughout the course. A text that is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course. Units that are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach that helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. Reorganization of Part Two to convey a deeper understanding of the characteristic functions performed by administrative agencies.

The Intelligible World

Metaphysical Revolution in the Genesis of Kant's Theory of Morality

Author: James Lawler

Publisher: Cambridge Scholars Publishing


Category: Philosophy

Page: 485

View: 466

Understanding Kant’s “pre-critical” philosophy is central to appreciating his three critiques. Overshadowed by the critiques, the early work stands on its own as a central contribution to the development of the philosophy of its time. In addition, it not only prepares the way for the critiques, but constitutes a hidden background without which they cannot be adequately understood. Here we find Kant’s great cosmology, which is what Kant later regarded as the “thing-in-itself,” persisting behind his notions of the noumenon, the intelligible world, and the postulates of morality. Although he finally decided that his grand cosmological vision could not be demonstrated, what cannot be strictly known can still be conjectured, justifiably believed, or postulated. Kant’s “only possible proof” for the existence of God remains implicit in the first critique. The only writer about whom Kant ever dedicated a major work, Dreams of a Spirit-Seer Elucidated by Dreams of Metaphysics, was Emanuel Swedenborg. Kant here explores a conjectural metaphysics of matter and spirit, and further formulates the meaning of “the intelligible world,” providing the ontological framework of his later ethics. If only one of Swedenborg’s documented spirit-seeings was valid, how feeble must the metaphysical dreams of philosophers themselves seem.

The Intelligible Universe

A Cosmological Argument

Author: Hugo A. Meynell

Publisher: Springer


Category: Philosophy

Page: 153

View: 713

Thinking Through Confucian Modernity

A Study of Mou Zongsan's Moral Metaphysics

Author: Sébastien Billioud

Publisher: BRILL


Category: Religion

Page: 268

View: 123

This book explores a pivotal dimension of Mou Zongsan’s philosophy—that is, his project of reconstructing a moral metaphysics based largely on a dialogue between reinterpreted Chinese thought and Kantism—and thoroughly analyzes a number of his most paradigmatic concepts.

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