In this incisive and insightful book, Judge Andrew P. Napolitano peels back the legal veneer and shows how politicians, judges, prosecutors, and... bureaucrats are trampling the U.S. Constitution in the name of law and order and fighting terrorism. Napolitano reveals how they:   silence the First Amendment shoot holes in the Second break some laws to enforce others entrap citizens steal private property seize evidence without warrant imprison without charge kill without cause   Pundits on the right, left, and center have praised Constitutional Chaos for its penetrating examination of our rights and liberties in the post-9/11 world.   "Has the war on terrorism taken away some of your rights? In a non-ideological way, Judge Andrew P. Napolitano answers that crucial question. This book will open your eyes."-Bill O'Reilly   "This book is a wake-up call for all who value personal freedom and limited government."-Rush Limbaugh   "In all of the American media, Judge Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution. . ."-Nat Hentoff   Judge Andrew P. Napolitano is Fox News Channel's senior judicial analyst, seen by millions on The Big Story with John Gibson, The O'Reilly Factor, Fox and Friends, and other shows. His articles and commentaries have been published in the Wall Street Journal, Los Angeles Times, St. Louis Post-Dispatch, Newark Star Ledger, and other national publications.

VERY GOOD CONDITION, CONTAINS SOME HIGHLIGHTED, IT HAS NO TEAR, JUST MINOR WEAR OUT AT THE EDGE OUTSIDE COVER OF THE BOOK, BESIDES, IT IS A VERY GOOD... USED BOOK

Nearly three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class--a book that Congressional... Quarterly called "as close to being indispensable as anything published in this field." This newly revised and updated fifth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. New material in this edition: * Post-9/11 wars in Afghanistan and Iraq * Military tribunals and NSA eavesdropping * Kosovo war in 1999 * Impeachment of President Clinton * Termination of ABM treaty * Controversies over appointments and removals * Disputes over executive orders and proclamations * Presidential signing statements * Developments with item veto and pocket veto * Public access to intelligence budgets * FBI search warrant of congressman's office * State secrets privilege * Presidential and vice-presidential immunity

Nearly three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class--a book that Congressional... Quarterly called "as close to being indispensable as anything published in this field." This newly revised and updated fifth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. New material in this edition: * Post-9/11 wars in Afghanistan and Iraq * Military tribunals and NSA eavesdropping * Kosovo war in 1999 * Impeachment of President Clinton * Termination of ABM treaty * Controversies over appointments and removals * Disputes over executive orders and proclamations * Presidential signing statements * Developments with item veto and pocket veto * Public access to intelligence budgets * FBI search warrant of congressman's office * State secrets privilege * Presidential and vice-presidential immunity

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the... Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Law school casebook supplement to Taslitz and Paris' Constitutional Criminal Procedure. Included are expertly edited cases issued since release of the... casebook, class notes, and problems for class discussion.

The Fourth Edition of this casebook offers instructors an effective problem-based casebook that provides maximum pedagogical freedom to craft an... exciting course that engages students via creative use of case excerpts, substantial portions of must teach seminal cases, provocative notes, scholarly works, cross-disciplinary essays, practice pointers, and over 175 illuminating problems. Building upon the strengths of the earlier editions, the Fourth Edition features new and significant developments in the law, explanatory commentary, updated chapter checklists, and fresh problems sprinkled throughout the text. The Fourth Edition specifically addresses both traditional and post-9/11 constitutional criminal procedure issues regarding search, seizure, interrogation, confessions, lineups, effective assistance of counsel, torture, and the risks of wrongful governmental conduct and remedies.

The new edition is carefully edited to provide broad coverage of the issues in a manageably sized (900-page) casebook. The author's commentaries provide... students with background material and analysis to supplement the cases and statutory materials. Criminal Procedure is such a detailed subject, with such an enormous amount of case law, that it is very easy to become lost in the minutiae. The Third Edition keeps the students' attention focused on the forest rather than the trees by introducing them to the "big picture" at the beginning, and then showing them how each detailed issue relates to the major themes.

This interdisciplinary volume focuses on constitutional democracy, with special reference to the United States. The editors and contributors conceive of... a constitutionalism as an ongoing process in which most members of a given community rely on certain cultural norms and practices to identify and interpret constitutional rules (written or unwritten as the case may be) that limit government power, and divide it among competing groups of leaders such that no single group has unchecked authority to pass statutes or to interpret the constitution when disputes arise.

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the... U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume examines in-depth key landmark decisions. Governmental Powers covers: The Power of Judicial Review:Marbury v. Madison, The Commerce Power:NLRB v. Jones & Laughlin Steel Corp , The War Power:Korematsu v. United States, Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer, and Executive Privilege:United States v. Nixon.

In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional... debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates.Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.

This volume systematically examines how the basic constitutional structure of governments affects what they can accomplish. At a time when Americans are... more and more disillusioned about government's fundamental ability to reach solutions for domestic problems, and when countries in the former Soviet block and around the world are rewriting their constitutions, the relationship between government and constitution is especially important. Political economist Dennis Mueller illuminates the links between the structure of democratic government and its outcomes by drawing comparisons between the American system and other systems around the world. Working from the "public choice" perspective in political science, the book analyzes electoral rules, voting rules, federalism, citizenship, and separation of powers, making it a valuable resource for anyone curious about the world's political environment.

This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking seriously the... parallel between wholehearted acceptance of the Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable. In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual,... structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day. Examines the characteristic types of constitutional argument by which judicial review is carried out.