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

By Donald P. Kommers, John E. Finn

AMERICAN CONSTITUTIONAL legislation offers a finished examine the advance of yank constitutional legislations from its early, seminal preferrred proceedings (Marbury v. Madison) to the current. the great ebook is geared up often, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislation, 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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Extra info for American constitutional law : essays, cases, and comparative notes [V. 1]

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The function of the Supreme Court is, therefore, to resolve conflicts of opinion on federal questions that have arisen among lower courts, to pass upon questions of wide import under the Constitution, laws, and treaties of the United States, and to exercise supervisory power over lower federal courts. If we took every case in which an interesting legal question is raised . . we could not fulfill the constitutional and statutory responsibilities placed upon the Court. 11 In addition, each justice will bring to the conference individual interests and concerns.

Similarly, they do not sit at the top of an elaborate judicial hierarchy, as does the American Court. Instead, they exist alongside or outside of the hierarchy of ordinary courts. Oftentimes these courts have the authority to determine the constitutionality of legislation that is still pending or only recently adopted. Such ‘‘abstract’’ review, for example, is permitted in France, Germany, Poland, and South Africa, but is prohibited in the United States by virtue of the ‘‘case and controversy’’ requirements of Article III, as well as by the doctrines of ripeness, mootness, and standing, which we take up in chapter 3.

The Italian Constitutional Court, for example, has fifteen judges, five nominated by the President, five by Parliament, and five by the highest state courts. The term of appointment is for nine years, with no reappointment allowed. The German Court has sixteen judges, divided into two distinct chambers. The lower house of the German legislature appoints one-half of the justices, and the upper house appoints the other half. Terms are for twelve years, with no reappointment. In Austria the President, acting upon the recommendation of the National and Federal Councils, appoints the fourteen members of the Court.

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