The U.S. Constitution : interpretations, court decisions and analyses

Author(s)

    • Roberts, Aart J.
    • Hughes, Perry E.

Bibliographic Information

The U.S. Constitution : interpretations, court decisions and analyses

Aart J. Roberts and Perry E. Hughes, editors

(Government procedures and operations)(American political, economic, and security issues series)

Nova Science Publishers, c2012

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Note

Contains edited, excerpted and augmented editions of CRS reports

Includes index

Description and Table of Contents

Description

The United States Constitution, as amended, is a complex legal document which sets out the structure of the federal government, the legal authorities of that government (and, to a lesser extent, state governments), and, finally, a series of legal disabilities on the exercise of those authorities (such as protections for individual rights). The document also addresses the complicated legal relationship between the federal government, state governments, and the persons subject to their respective jurisdictions. Judicial interpretation of some of the Constitution's provisions, however, has varied over the last two centuries, leading to concerns regarding the ultimate validity of these decisions. This book examines the historical basis for theories of constitutional interpretation, and the role of judicial precedent and pragmatism. Also discussed are the theories relating to the identification and justification of heightened constitutional protections for fundamental rights.

Table of Contents

  • Preface
  • Selected Theories of Constitutional Interpretation
  • Sources of Constitutional Authority & House Rule XII, Clause 7(c)
  • The Origination Clause of the U.S. Constitution: Interpretation & Enforcement
  • Presidential Signing Statements: Constitutional & Institutional Implications
  • A Balanced Budget Constitutional Amendment: Background & Congressional Options
  • State & Local Economic Sanctions: Constitutional Issues
  • The Constitutionality of Regulating Corporate Expenditures: A Brief Analysis of the Supreme Court Ruling in Citizens United v. FEC
  • Flag Protection: A Brief History & Summary of Supreme Court Decisions & Proposed Constitutional Amendments.

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