Constitutional Liberty

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Restoring the Lost Constitution

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 1930s, 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.

Engines of Liberty

Author : David Cole
Publisher : Basic Books
ISBN 13 : 0465098517
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Engines of Liberty by : David Cole

Download or read book Engines of Liberty written by David Cole and published by Basic Books. This book was released on 2016-03-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era--and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

Active Liberty

Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Active Liberty by : Stephen Breyer

Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

The Logical Foundations of Constitutional Liberty

Author : James M. Buchanan
Publisher : Collected Works of James M. Bu
ISBN 13 : 9780865972148
Total Pages : 0 pages
Book Rating : 4.9/5 (721 download)

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Book Synopsis The Logical Foundations of Constitutional Liberty by : James M. Buchanan

Download or read book The Logical Foundations of Constitutional Liberty written by James M. Buchanan and published by Collected Works of James M. Bu. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-one papers presented in this volume offer scholars and general readers alike a comprehensive introduction to the work of one of the greatest economists of the modern era. Many of Buchanan's most important essays are gathered in this inaugural volume of the twenty-volume series from Liberty Fund of his Collected Works. The editors have focused on papers that Buchanan has written without collaboration and which present Buchanan's earlier, classic statements on crucial subjects rather than his subsequent elaborations which appear in later volumes in the series. Included, too, is Buchanan's Nobel address, "The Constitution of Economic Policy," and the text of the Nobel Committee's press release explaining why Buchanan was awarded the prize for Economics in 1986. The volume also includes Buchanan's autobiographical essay, "Better Than Plowing," in which he gives not only a brief account of his life, but also his own assessment of what is important, distinctive, and enduring in his work. The foreword by the three series editors will be valuable to all readers who wish to engage the challenging but epochal writings of the father of modern public choice theory. --

Liberty, Order, and Justice

Author : James McClellan
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Liberty, Order, and Justice by : James McClellan

Download or read book Liberty, Order, and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.

Liberty of Contract

Author : David N. Mayer
Publisher : Cato Institute
ISBN 13 : 1935308408
Total Pages : 202 pages
Book Rating : 4.9/5 (353 download)

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Book Synopsis Liberty of Contract by : David N. Mayer

Download or read book Liberty of Contract written by David N. Mayer and published by Cato Institute. This book was released on 2011-01-16 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

Our Republican Constitution

Author : Randy E. Barnett
Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 320 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Collected Works of James M. Buchanan

Author : James M. Buchanan
Publisher :
ISBN 13 : 9780865972520
Total Pages : 220 pages
Book Rating : 4.9/5 (725 download)

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Book Synopsis The Collected Works of James M. Buchanan by : James M. Buchanan

Download or read book The Collected Works of James M. Buchanan written by James M. Buchanan and published by . This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An index to the series "The Collected works of James M. Buchanan."

Law, Liberty and the Constitution

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
ISBN 13 : 178327011X
Total Pages : 364 pages
Book Rating : 4.7/5 (832 download)

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Book Synopsis Law, Liberty and the Constitution by : Harry Potter

Download or read book Law, Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

Restoring Liberty

Author : Stephen R. Christiansen
Publisher :
ISBN 13 : 9781649996114
Total Pages : pages
Book Rating : 4.9/5 (961 download)

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Book Synopsis Restoring Liberty by : Stephen R. Christiansen

Download or read book Restoring Liberty written by Stephen R. Christiansen and published by . This book was released on 2020-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New book discussing the Founding Fathers' intentions for our government.

A Theory of Liberty

Author : H. N. Hirsch
Publisher : Routledge
ISBN 13 : 1000706524
Total Pages : 390 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis A Theory of Liberty by : H. N. Hirsch

Download or read book A Theory of Liberty written by H. N. Hirsch and published by Routledge. This book was released on 2019-11-21 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1992. A Theory of Liberty seeks to change the way we think about the American constitution. The focus of the book is the legal status of minority groups in the United States a topic at the top of the current political agenda. Arguing that minority rights were vitally important to the founding fathers, H. N. Hirsch presents an original and provocative look at issues such as affirmative action, abortion, and the rights of children, lesbians and gay men, mental patients, and the physically disabled. In an analysis which blends history, philosophy, law, and social science, Hirsch attacks both liberals who hide from history and conservatives who push for "original intent." He argues that we can remain faithful to the most basic intent of the founding fathers without losing our ability to reinterpret the Constitution against the backdrop of contemporary social "facts." Hirsch exposes the errors and hypocrisy of the current Supreme Court majority, and argues that the Constitution’s liberty can and should be interpreted to protect the rights of minority groups. Timely and controversial, this title offers a challenging look at some of America’s most basic ideological commitments, and will appeal to anyone concerned with the current state of American law or the treatment of minority groups.

Constitutional liberty; or, Social, civil, and political rights and principles

Author : Constitutional liberty
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.R/5 (6 download)

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Book Synopsis Constitutional liberty; or, Social, civil, and political rights and principles by : Constitutional liberty

Download or read book Constitutional liberty; or, Social, civil, and political rights and principles written by Constitutional liberty and published by . This book was released on 1880 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

No Treason

Author : Lysander Spooner
Publisher : Read Books Ltd
ISBN 13 : 1447488903
Total Pages : 60 pages
Book Rating : 4.4/5 (474 download)

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Book Synopsis No Treason by : Lysander Spooner

Download or read book No Treason written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-04-16 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Liberty, Property, and the Foundations of the American Constitution

Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 : 9780887069154
Total Pages : 200 pages
Book Rating : 4.0/5 (691 download)

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Book Synopsis Liberty, Property, and the Foundations of the American Constitution by : Ellen Frankel Paul

Download or read book Liberty, Property, and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

The Development of Constitutional Liberty in the English Colonies of America

Author : Eben Greenough Scott
Publisher : New York : G.P. Putnam
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Development of Constitutional Liberty in the English Colonies of America by : Eben Greenough Scott

Download or read book The Development of Constitutional Liberty in the English Colonies of America written by Eben Greenough Scott and published by New York : G.P. Putnam. This book was released on 1882 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Toward a Usable Past

Author : Paul Finkelman
Publisher : University of Georgia Press
ISBN 13 : 0820334960
Total Pages : 464 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Toward a Usable Past by : Paul Finkelman

Download or read book Toward a Usable Past written by Paul Finkelman and published by University of Georgia Press. This book was released on 2009-09-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.