Reflections on Constitutional Law

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University Press of Kentucky, 2006年8月25日 - 288 頁
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Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

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內容

A False Start?
132
More Flase Starts?
139
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955
146
11 Affirmative Action and the Fourteenth Amendment
153
12 San Antonio Independent School District v Rodriguez 1973
160
13 Whose Votes Count for Whatand When?
167
Appendix A
175
Appendix B
187

9 Gibbons v Ogden 1824
53
10 Burdens on Interstate Commerce 19051981
60
11 Missouri v Holland 1920 Wickard v Filburn 1942
67
12 The Presidency and the Constitution
74
13 A Government of Enumerated Powers?
81
1 Realism and the Study of Constitutional Law
91
2 The Challenges of Skepticism for the Constitutionalist
97
The Erie Problem Reconsidered
102
4 The Confederate Constitution 18611865
108
5 The Japanese Relocation Cases 1943 1944
114
6 Calder v Bull 1798 Barron v Baltimore 1833
120
Untitled
126
Appendix C
193
Appendix D
203
Appendix E
211
Appendix F
225
Appendix G
227
Appendix H
237
Appendix I
239
Appendix J
257
Index
261
About the Author
269
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第 232 頁 - The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
第 220 頁 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
第 193 頁 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
第 243 頁 - Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...
第 187 頁 - Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.
第 212 頁 - Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
第 216 頁 - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

關於作者 (2006)

George Anastaplo, professor of law at Loyola University in Chicago and lecturer in the liberal arts at the University of Chicago, is the author of numerous books, including Reflections on Constitutional Law and The Constitutionalist.

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