Federalism--including its meanings and limits--remains one of the most contested principles in constitutional law. To fully understand its importance, we must turn to a landmark decision nearly two centuries old. M'Culloch v. Maryland (1819) is widely regarded as the Supreme Court's most important and influential decision--one that essentially defined the nature and scope of federal authority and its relationship to the states. Mark Killenbeck's sharply insightful study helps us understand why. Killenbeck recounts how the cashier of the Baltimore branch of the Second Bank of the United States refused to pay Maryland's tax on the bank and how that act precipitated a showdown in the Supreme Court, which addressed two questions: whether the U.S. Congress had the authority to establish a national bank and whether Maryland's tax on the bank was barred by the Constitution. In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both, authorizing the federal government to exercise powers not expressly articulated in the Constitution--and setting an alarming precedent for states-rights advocates. The issues at the heart of M'Culloch are as important today as they were then: the nature and scope of federal constitutional authority, the division of authority between federal and state governments, and the role of the Supreme Court in interpreting and applying the Constitution. Situating the case within the protracted debate about the bank and about federal-state relations, the Panic of 1819, the fate of the Second Bank following the Court's momentous decision, and the ever-expanding and increasingly contentious debate over slavery, Killenbeck's bookprovides a virtual constitutional history of the first fifty years of the nations. As such, it shows that the development of the Constitution as a viable governing document took place over time and that M'Culloch, with its very broad reading of federal power, marked a turning point for the Constitution, the Court, and the nation. As the Court continues to reshape the boundaries of federal power. M'Culloch looms large as a precedent in a debate that has never been fully settled. And as states today grapple with such questions as abortion, gay rights, medical marijuana, or assisted suicide, this book puts that precedent in perspective and offers a firm grasp of its implications for the future.
Author: Mark Robert Killenbeck
Publisher: Univ Pr of Kansas
Category: Business & Economics
Effectively using the themes of power and citizenship, Christine Barbour and Gerald C. Wright explain how and why institutions and rules determine who wins and who loses in American politics. Whether you get your news from a popular blog or a traditional media outlet, this book models critical thinking and provides the tools you need to be a savvy consumer of political information. And with your purchase of this Media Edition, you get FREE access to an enhanced eBook, which includes links to audio, video, data, articles, historical background, profiles, and CQ Researcher policy reports that bring depth and interactivity to the book Keeping the Republic is filled with phenomenal resources that help students fully engage in the text. It is well written and extremely substantive. Students rave about the graphics, pictures, and other visuals that help guide them as they understand the material. The transitions from topic to topic are smooth and clear, and the real-world applications are also extremely well done. A terrific textbook for intro students, and a great foundation for budding political scientists."---Alison Dagnes, Shippensburg university "Keeping the Republic presents the information in a balanced and visually appealing style that gets, and keeps, students reading and engaged with the content. The graphics and `Don't Be Fooled By...' features are well above the competition. The online instructor resources are excellent." ---Gary A. Johnson, Weber State University "The political science faculty at our Virginia state university have utilized Keeping the Republic for many years. Barbour and Wright offer current and helpful pedagogical features that encourage class discussion and reinforce the students' understanding of critical information. The text's organization offers a useful means of breaking down the semester-length course, and my students genuinely like the layout of the text."---Peter M. Carlson, Christopher Newport University "Keeping the Republic simplifies complicated concepts without losing the key points. Students find the book easy to read and well organized for study. The book is especially well suited for the non-political science major and works well for large-sized sections or for online courses. The `Thinking Outside the Box' questions, along with the helpful test bank, encourage discussion in class or in online forums."---Donald S. Inbody, Texas State University "Keeping the Republic holds the attention of my students better than books I have used in the past. I like to include as much pop culture as I can in the teaching of my class, and this book is the best one I have found that makes an effort to do the same."---Norman Rodriguez, John Wood Community College "What's at stake? This book repeats that question over and over. It defines a perspective that makes Keeping the Republic meaningful to all students of American government. Citizenship is a skill, and this text approaches government from the point of view of the citizen. It asks the reader to be critical, not in the sense that government is necessarily the problem, but rather in asking how government structure and operations can be improved to enhance the lives of the citizens of the United States, of which the reader is one. And, importantly, the book requires the reader to confront the question of what role and responsibility do I, the citizen, have. By default, the approach pulls the student in and makes the student a partner in the book and its conclusions."---John P. McIver, University of Texas, Austin "I continue to assign Keeping the Republic because the authors do a great job of keeping students engaged. There are many features that make this text more interesting to students---like the `Profiles in Citizenship' in each chapter that explain how individual Americans take an active part in politics. These profiles provide interesting personal narratives about why citizenship and participation matter while also reinforcing chapter material." ---Jason D. Mycoff, University of Delaware
Author: Christine Barbour,Gerald C Wright
Publisher: CQ Press
Category: Political Science
Category: American literature
The American Experience
Author: James A. Curry,Richard B. Riley,Richard M. Battistoni
Publisher: Kendall Hunt
Category: Civil rights
WHY POLITICS MATTERS: AN INTRODUCTION TO POLITICAL SCIENCE is a full-color, accessible introduction to Political Science. Organized evenly around the major divisions within Political Science: Theory, American Government, Comparative Politics, and International Relations, WHY POLITICS MATTERS follows a foundational approach to learning and gives students a big picture of the field. The authors approach the subject through a theme of theory and practice and emphasize why politics matters to the reader through current, global examples, encouraging critical thinking, discussion, and participation throughout the text. WHY POLITICS MATTERS is the first and only Introduction to Political Science book offering a fully integrated and customizable online reader, COURSEREADER, with a full slate of recommended primary source readings compiled by the authors. Each COURSEREADER selection is called-out in the text alongside the relevant discussion and is accompanied by critical thinking questions to help students apply the reading to their chapter lesson. You can further customize COURSEREADER for your class by choosing from the thousands of documents and videos within our Introduction to Political Science set and even adding your own notes and highlights before publishing your unique online reader for students to access. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Kevin Dooley,Joseph Patten
Publisher: Cengage Learning
Category: Political Science
Selected American and Foreign Political and Legal Terms
Author: Walter John Raymond
Publisher: Brunswick Publishing Corp
In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Its Role in the Court's History and the Nation's Constitutional Dialogue
Author: Melvin I. Urofsky
Commemorating the Bicentennial of the Judicial Branch of Government
Category: Civil rights
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Author: Robert D. Cantor
Publisher: HarperCollins Publishers
Category: United States
A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Author: Bernard Schwartz
Publisher: Oxford University Press
This book contains transcripts of twenty-three live recordings of landmark cases argued before the United States Supreme Court between 1955 and 1993.
The Most Significant Oral Arguments Made Before the Supreme Court Since 1955
Author: Peter H. Irons
Publisher: New Press, The
Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.
From Marshall to Rehnquist
Author: Abraham L. Davis,Barbara Luck Graham
Publisher: SAGE Publications
Category: Political Science
United States Courts from Maryland to the Carolinas, 1789-1835
Author: Peter Graham Fish
Category: Appellate courts
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Robert G. McCloskey
Publisher: University of Chicago Press
Justice Holmes proclaimed that 'great cases, like hard cases make bad law'. He explained that this was so because the 'hydraulic pressures' of the great case tend to distort the judgements of the justices. The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct. More particularly, the book discusses the impact that the greatness of the case may have had on its presentation to the Court, the Court's deliberations, the decision, the opinion and the law that was created.
Author: Lackland H. Bloom, Jr.,Lackland H. Bloom (Jr.)
Publisher: Oxford University Press (UK)
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
John Marshall and the Rule of Law
Author: Charles F. Hobson
Category: Biography & Autobiography
A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed."
Definer of a Nation
Author: Jean Edward Smith
Publisher: Henry Holt and Company
Category: Biography & Autobiography