American constitutional law : essays, cases, and comparative by Donald P. Kommers, John E. Finn

By Donald P. Kommers, John E. Finn

AMERICAN CONSTITUTIONAL legislations provides a complete examine the improvement of yank constitutional legislations from its early, seminal perfect proceedings (Marbury v. Madison) to the current. the great publication is prepared typically, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislations, quantity I, covers Chapters 1-7 of the great textual content facing the powers of the govt: judicial evaluation, regulating trade, making treaties, and so forth.

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1 It was not always so. Under the Articles of Confederation there was no J. P. : Doubleday, 1969), 270. 11 ................. 17339$ $1C1 05-21-09 09:24:48 PS 12 Part One Institutional and Interpretive Foundations Supreme Court—indeed, no federal judiciary at all. In contrast, Article III of the Constitution provides ‘‘there shall be a Supreme Court and such inferior courts’’ as Congress may desire. To ensure the independence of the federal judiciary, it also gives judges lifetime tenure and protects against a reduction of their salaries.

1 AK 9 N CA OR W Chapter 1 17 The Supreme Court There are three kinds of appellate jurisdiction. Every case the Court hears under appellate jurisdiction follows one of these paths: 1. Certification. A United States Court of Appeal can ‘‘certify’’ to the Supreme Court that a particular case poses exceptional difficulties. When it certifies a case, the lower court asks the Supreme Court to provide instruction about how some matter of law should be settled. 2. Appeal. For much of its history, the Supreme Court was required to hear cases on appeal that raised certain kinds of questions about federal law.

The introduction of judicial review was easier in Latin and South America, although the transplant did not often take. ’’25 In the twentieth century, especially following World War II and later the collapse of the Iron Curtain, judicial review and constitutional courts became common. 26 The popularity of constitutionalism has contributed to the spread of judicial review and constitutional courts. More than one hundred countries have constitutions that provide for judicial review, at least on paper.

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