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  • 1
    Book
    Book
    Democracy and distrust : a theory of judicial review (1980)
    Cambridge, Mass. [u.a.] : Harvard Univ. Press
    Details
    UID:
    gbv_023842652
    Format: VIII, 268 S. , 24 cm
    ISBN: 0674196376 , 9780674196377 , 0674196368
    Note: Includes bibliographical references and index
    Language: English
    Subjects: Political Science , Law
    RVK:
    PL 734
    RVK:
    ME 3000
    RVK:
    MG 70820
    Keywords: USA ; Demokratie ; Gerichtsbarkeit ; USA Supreme Court ; Recht ; Überprüfung
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  • 2
    Book
    Book
    War and responsibility : constitutional lessons of Vietnam and its aftermath (1993)
    Princeton, NJ [u.a.] : Princeton University Press
    Details
    UID:
    gbv_277469635
    Format: X, 244 S. , Ill., Kt
    ISBN: 0691086435
    Content: Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention
    Content: Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention
    Note: Includes bibliographical references (p. [139]-238) and index , The constitutional framework -- Vietnam: the (troubled) constitutionality of the war they told us about -- Inducing congress to face up to its constitutional responsibilities -- The (unenforceable) unconstitutionality of the "secret war" in Laos, 1962-1969 -- The (enforceable) unconstitutionality of the secret bombing of Cambodia, 1969-1970 -- "Covert" war today -- Appendix: Toward a War Powers (Combat Authorization) Act that works.
    Language: English
    URL: http://www.loc.gov/catdir/description/prin031/92045769.html
    URL: http://www.loc.gov/catdir/toc/prin031/92045769.html
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  • 3
    Book
    Book
    The Wages of crying wolf : A comment on Roe v. Wade (1973)
    (Washington : American Enterprise Inst.)
    Details
    UID:
    gbv_402250400
    Format: S. 920-949. 8"
    Series Statement: (AEI. Reprint 15)
    Note: [Umschlagt.] , Aus: The Yale Law Journal. Vol. 82,5
    Language: Undetermined
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  • 4
    Book
    Book
    On constitutional ground (1996)
    Princeton, NJ : Princeton Univ. Press
    Details
    UID:
    gbv_279841248
    Format: IX, 507 S.
    ISBN: 0691025533 , 0691086443
    Language: German
    Keywords: USA ; Verfassung
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  • 5
    Online Resource
    Online Resource
    On constitutional ground / (1996)
    Princeton, N.J. :Princeton University Press,
    Details
    UID:
    almafu_9959240908102883
    Format: 1 online resource (518 p.)
    Edition: Course Book
    ISBN: 1-4008-0196-6 , 1-4008-2205-X , 1-282-75308-8 , 9786612753084 , 1-4008-1148-1
    Content: John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, "substantive due process," and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict.Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.
    Note: Description based upon print version of record. , Frontmatter -- , Contents -- , 1. The General Theory -- , 2. Federalism -- , 3. Separation of Powers -- , 4. Freedom of Expression -- , 5. Religious Freedom -- , 6. Criminal Procedure -- , 7. Racial Discrimination -- , 8. "Substantive Due Process" -- , 9. Candor -- , 10. In Conclusion -- , Notes -- , Index , Issued also in print. , English
    Additional Edition: ISBN 0-691-02553-3
    Additional Edition: ISBN 0-691-08644-3
    Language: English
    DOI: 10.1515/9781400822058
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  • 6
    Online Resource
    Online Resource
    On Constitutional Ground / (1996)
    Princeton, NJ :Princeton University Press,
    Details
    UID:
    almafu_9958352646502883
    Format: 1 online resource
    Edition: Course Book
    ISBN: 9781400822058
    Content: John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, "substantive due process," and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict.Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.
    Note: Frontmatter -- , Contents -- , 1. The General Theory -- , 2. Federalism -- , 3. Separation of Powers -- , 4. Freedom of Expression -- , 5. Religious Freedom -- , 6. Criminal Procedure -- , 7. Racial Discrimination -- , 8. “Substantive Due Process” -- , 9. Candor -- , 10. In Conclusion -- , Notes -- , Index , In English.
    Language: English
    DOI: 10.1515/9781400822058
    URL: https://doi.org/10.1515/9781400822058
    URL: https://doi.org/10.1515/9781400822058
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  • 7
    Online Resource
    Online Resource
    War and Responsibility : Constitutional Lessons of Vietnam and Its Aftermath (2021)
    Princeton, NJ :Princeton University Press,
    Details
    UID:
    almafu_9959761183902883
    Format: 1 online resource (254 p.) : , 1 map
    ISBN: 9780691219592
    Content: Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.
    Note: Frontmatter -- , Contents -- , Preface -- , CHAPTER 1. The Constitutional Framework -- , CHAPTER 2. Vietnam: The (Troubled) Constitutionality of the War They Told Us About -- , CHAPTER 3. Inducing Congress to Face Up to Its Constitutional Responsibilities -- , CHAPTER 4. The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-1969 -- , CHAPTER 5. The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-1970 -- , CHAPTER 6. "Covert" War Today -- , APPENDIX. Toward a War Powers (Combat Authorization) Act That Works -- , Notes -- , Index , In English.
    Language: English
    DOI: 10.1515/9780691219592
    URL: https://doi.org/10.1515/9780691219592
    URL: https://www.degruyter.com/isbn/9780691219592
    URL: https://doi.org/10.1515/9780691219592
    URL: https://www.degruyter.com/isbn/9780691219592
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  • 8
    Online Resource
    Online Resource
    Democracy and Distrust : A Theory of Judicial Review / (2020)
    Cambridge, MA : :Harvard University Press,
    Details
    UID:
    almafu_9961326710702883
    Format: 1 online resource (280 p.)
    ISBN: 9780674249127
    Content: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels-from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
    Note: Frontmatter -- , Preface -- , Contents -- , 1 The Allure of Interpretivism -- , 2 The Impossibility of a Clause-Bound Interpretivism -- , 3 Discovering Fundamental Values -- , 4 Policing the Process of Representation: The Court as Referee -- , 5 Clearing the Channels of Political Change -- , 6 Facilitating the Representation of Minorities -- , Conclusion -- , Notes -- , Index , In English.
    Language: English
    DOI: 10.4159/9780674249127
    URL: https://doi.org/10.4159/9780674249127?locatt=mode:legacy
    URL: https://www.degruyter.com/isbn/9780674249127
    URL: https://doi.org/10.4159/9780674249127?locatt=mode:legacy
    URL: https://www.degruyter.com/isbn/9780674249127
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  • 9
    Book
    Book
    War and responsibility : constitutional lessons of Vietnam and its aftermath (1993)
    Princeton, N.J. : Princeton University Press
    Details
    UID:
    kobvindex_ZBW12032469
    Format: X, 244 Seiten
    Edition: 4. print., and 1. paperback print.
    ISBN: 0691025525
    Language: English
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