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"This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined"--

Political questions and judicial power --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Political aspects --- Constitutional courts --- Judicial power --- Constitutional courts - Europe --- Judicial power - Europe --- Political questions and judicial power - Europe --- constitutional courts --- constitutional interpretation --- democracy --- judicial activism --- judicial law-making --- judicial review --- positive legislation --- separation of powers

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Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.

Separation of powers --- War and emergency powers --- History. --- American presidents. --- Cambodia. --- Cold War. --- Congress. --- Cuban Missile Crisis. --- Franklin Roosevelt. --- Iran-Contra Investigation. --- James Polk. --- John F. Kennedy. --- Mexican War. --- Munitions Investigation. --- Richard Nixon. --- Roosevelt Corollary. --- U.S. Constitution. --- World War II. --- bombing. --- constitutional authority. --- constitutional interpretation. --- constitutional politics. --- constitutional theory. --- constitutional war powers. --- insularism. --- interbranch deliberation. --- interpretive politics. --- investigatory power. --- legislative investigation. --- legislature. --- partisanship. --- presidential acts. --- relational conception. --- security order. --- settlement theory. --- war authority. --- war power. --- war powers. --- United States --- History

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930's, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Constitutional history --- United States --- Constitutional law --- Judicial review --- United States. Supreme Court --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Commerce Clause. --- Congress. --- Constitution in Exile movement. --- Constitution. --- Due Process Clauses. --- First Amendment. --- Footnote Four. --- Fourteenth Amendment. --- Gibbons v. Ogden. --- John Marshall. --- Lawrence v. Texas. --- Necessary and Proper Clause. --- Ninth Amendment. --- Presumption of Liberty. --- Privileges or Immunities Clause. --- Slaughter-House Cases. --- Supreme Court. --- U.S. Constitution. --- We the People. --- commerce. --- consent of the governed. --- consent. --- constitutional interpretation. --- constitutional law. --- constitutional legitimacy. --- constitutional meaning. --- constitutional scholarship. --- construction. --- democracy. --- divine right. --- economic liberty. --- federal courts. --- federal laws. --- federal power. --- government. --- immunities. --- interpretation. --- judges. --- judicial doctrines. --- judicial nullification. --- judicial power. --- judicial review. --- judicial supremacy. --- law. --- laws. --- legislation. --- legislative activism. --- liberty rights. --- liberty. --- majoritarianism. --- natural rights. --- necessary and proper. --- necessity. --- original intent. --- original meaning. --- originalism. --- police power. --- popular sovereignty. --- presumed consent. --- presumption of constitutionality. --- privileges. --- proper. --- rights. --- state laws. --- state power. --- unconstitutional laws. --- unenumerable rights. --- unenumerated rights.