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Book
Against obligation
Author:
ISBN: 0674065174 0674069390 9780674069398 9780674065178 9780674064416 0674064410 Year: 2012 Publisher: Cambridge, Mass. London Harvard University Press

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Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible.Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.


Book
Understanding the 2000 Election : A Guide to the Legal Battles that Decided the Presidency
Author:
ISBN: 0814733247 Year: 2001 Publisher: New York ; London : New York University Press,

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Paperback Edition: Updated and with a New Foreword. The nation will not soon forget the drama of the 2000 presidential election. For five weeks we were transfixed by the legal clashes that enveloped the country from election night to the Gore concession. It was instant history, and will be studied by historians, lawyers, political scientists, media critics and others for years to come. Even for those who followed the events most closely, the legal twists and turns of the post-election struggles seemed at times bewildering. We witnessed manual recounts of election ballots, GOP federal court law


Book
Understanding the 2000 Election
Author:
ISBN: 9780814733240 Year: 2001 Publisher: New York, NY

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