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Rationing the Constitution

Rationing the Constitution PDF Author: Andrew Coan
Publisher:
ISBN: 0674986954
Category : Constitutional law
Languages : en
Pages : 281

Book Description
The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Rationing the Constitution

Rationing the Constitution PDF Author: Andrew Coan
Publisher:
ISBN: 0674986954
Category : Constitutional law
Languages : en
Pages : 281

Book Description
The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

A People's Constitution

A People's Constitution PDF Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308

Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

The Rationing of Justice

The Rationing of Justice PDF Author: Arnold S. Trebach
Publisher:
ISBN:
Category : Criminal investigation
Languages : en
Pages : 378

Book Description


The Calculus of Consent

The Calculus of Consent PDF Author: James M. Buchanan
Publisher: University of Michigan Press
ISBN: 9780472061006
Category : Decision-making
Languages : en
Pages : 388

Book Description
A scientific study of the political and economic factors influencing democratic decision making

Rationing the Constitution

Rationing the Constitution PDF Author: Andrew Coan
Publisher: Harvard University Press
ISBN: 0674239199
Category : Law
Languages : en
Pages : 281

Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Federalism and the Tug of War Within

Federalism and the Tug of War Within PDF Author: Erin Ryan
Publisher: Oxford University Press
ISBN: 0199737983
Category : Law
Languages : en
Pages : 429

Book Description
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

Glenn Beck's Common Sense

Glenn Beck's Common Sense PDF Author: Glenn Beck
Publisher: Simon and Schuster
ISBN: 1439169500
Category : Political Science
Languages : en
Pages : 193

Book Description
Glenn Beck, the New York Times bestselling author of The Great Reset, revisits Thomas Paine's Common Sense. In any era, great Americans inspire us to reach our full potential. They know with conviction what they believe within themselves. They understand that all actions have consequences. And they find commonsense solutions to the nation’s problems. One such American, Thomas Paine, was an ordinary man who changed the course of history by penning Common Sense, the concise 1776 masterpiece in which, through extraordinarily straightforward and indisputable arguments, he encouraged his fellow citizens to take control of America’s future—and, ultimately, her freedom. Nearly two and a half centuries later, those very freedoms once again hang in the balance. And now, Glenn Beck revisits Paine’s powerful treatise with one purpose: to galvanize Americans to see past government’s easy solutions, two-party monopoly, and illogical methods and take back our great country.

The Nine

The Nine PDF Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Category : Political Science
Languages : en
Pages : 482

Book Description
Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Congress as Santa Claus

Congress as Santa Claus PDF Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 168

Book Description


Framework for Equitable Allocation of COVID-19 Vaccine

Framework for Equitable Allocation of COVID-19 Vaccine PDF Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 030968224X
Category : Medical
Languages : en
Pages : 273

Book Description
In response to the coronavirus disease 2019 (COVID-19) pandemic and the societal disruption it has brought, national governments and the international community have invested billions of dollars and immense amounts of human resources to develop a safe and effective vaccine in an unprecedented time frame. Vaccination against this novel coronavirus, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), offers the possibility of significantly reducing severe morbidity and mortality and transmission when deployed alongside other public health strategies and improved therapies. Health equity is intertwined with the impact of COVID-19 and there are certain populations that are at increased risk of severe illness or death from COVID-19. In the United States and worldwide, the pandemic is having a disproportionate impact on people who are already disadvantaged by virtue of their race and ethnicity, age, health status, residence, occupation, socioeconomic condition, or other contributing factors. Framework for Equitable Allocation of COVID-19 Vaccine offers an overarching framework for vaccine allocation to assist policy makers in the domestic and global health communities. Built on widely accepted foundational principles and recognizing the distinctive characteristics of COVID-19, this report's recommendations address the commitments needed to implement equitable allocation policies for COVID-19 vaccine.