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14985753 No.14985753 [Reply] [Original]

Books about constitutional law (American)?

>> No.14985781

>>14985753
Constitutional Law - Principals and Policies, 4th ed. by Erwin Chemerinsky. Though I have to warn you it's fucking massive, about 1300 pages long, and refers to cases you'll need to go read on oyez.

For a shorter book try Linda Greenhouse's The U.S. Supreme Court: A very Short Introduction. its very tiny, pocket sized, and only about 100 pages long.

>> No.14985820

>>14985781
You can also just google search Constitutional law outline pdf, it'll come up with tons of docs from law students and others uplodaded to help law students study for finals and the bar exam. Though, with all this, I'm going to assume you don't care about the judicial branch or case law and think you're a strict constitutionalist, if that's the case then the Federalist Papers would be a good start. I also just realized, this is most likely a bait thread and I feel used for pulling books off my shelf to reference for you.

>> No.14986044
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14986044

>>14985820
I want to understand US law because it feels as though the government is acting way out of its authority over the COVID 19 pandemic.

>> No.14986267

>>14986044

I suppose you could make some first amendment case to that effect, but OTTOMH that's all you've got to work with in the document itself (incl. amdts), other law notwithstanding. As is now plainly evident, states have long since legislated themselves and their governers special emergency powers which they are currently and variously availing themselves of, to say nothing of whatever federal law exists.

In fairness they're just trying to walk the tightrope of public health and minimizing violence/looting when people get fed up and have to eat/work to eat.

There's also this one German guy called Carl Schmitt and he theorized a state of exception which various leftists have criticized (the last most salient U.S. example was the Patriot Act following 9/11), look him up and also look up the Patroit Act as distinct examples of the emergency powers that you are currently queasy about. BTW I have near-adult living memory of 9/11 and this is way worse.

>> No.14986269

>>14986044
Constitutional violation of inherent rights incorporated to the states under the 14th amendment, under a strict scrutiny standard, government will use a health and safety policy argument, which has worked sometimes.

>> No.14986305

Oh, also: Hall, Oxford guide to SCOTUS is a very nice one-volume rundown of landmark cases, justice bios and related concepts. I really don't know much about law but I do have a strong interest in SCOTUS history and so the book has proven to be a useful resource.

>> No.14986330

>>14985753
just read the constitution it is straightforward if you are not retarded.

>> No.14986339
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14986339

>>14986267
>one German guy called Carl Schmitt
what a character, this Schmitt fellow

>> No.14986445

>>14986044
The government can make an argument through the rational basis test or intermediate scrutiny test regarding the passage of the trillion-dollar relief bill.

>> No.14986498

>>14986445
Ah, that’s under congressional authority and isn’t really an issue.(also it’s not women or bastard children so it wouldn’t be intermediate scrutiny) I think he’s referring more to states closing their borders to other state citizens, forcing the closure of businesses, mandating stay at home orders, removing bail/parole/time served and forcing prisoners to stay put/ etc. The things state and federal government are doing in seemingly direct violation of the rights to travel/contract/etc.

>> No.14986744
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14986744

The Federalist Papers

https://guides.loc.gov/federalist-papers/full-text

>> No.14986982
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14986982

The Constitution: An Introduction by Michael Stokes Paulsen and Luke Paulsen