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Power & rights in US constitutional law

Author: Thomas Lundmark
Publisher: Oxford : Oxford Univ. Press, 2009.
Series: Oxford Scholarship Online
Edition/Format:   Computer file : English
Summary:
This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic government and its citizens. Government possesses power. Citizens enjoy rights that protect them against untoward exercises of this power. All exercises of governmental power are traceable to, and legitimated by, the people,  Read more...
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Details

Material Type: Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Thomas Lundmark
ISBN: 9780195368727 019536872X
OCLC Number: 611767226
Notes: Gesehen am 12.02.2009.
Digitalisat der Druckausg. Oxford, 2008.
Description: Online-Ressource.
Series Title: Oxford Scholarship Online
Responsibility: Lundmark, Thomas.

Abstract:

This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic government and its citizens. Government possesses power. Citizens enjoy rights that protect them against untoward exercises of this power. All exercises of governmental power are traceable to, and legitimated by, the people, making them democratic. This book combines both an analytic framework for understanding constitutional law as well as excerpts from seminal Supreme Court decisions on controversial topics, such as the President's war powers, the impeachment of President Clinton, civil rights legislation, gun control, free speech, freedom of religion, abortion, and school desegregation. The book covers the major constitutional doctrines, including the enumeration of powers, executive immunity, the jurisdictional Cases or Controversiesʺ requirement for federal courts, and the Political Questionʺ doctrine. The so-called levels of scrutiny applied to impingements on constitutional rights are explained and illustrated in their application. For ease of understanding and study, constitutional rights are subsumed under the concepts of liberty and equality. Liberty rights can usefully be thought of as individual rights. They include the fundamental rightsʺ recognized by the Constitution and by the Supreme Court, such as freedom of speech and the right of privacy. Equality rights are those enjoyed as a member of a protected group. According to reigning doctrine, the protected groups are known as suspectʺ and quasi-suspectʺ classes. Racial classifications, for example, belong to the former group; gender classifications, to the latter.

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