Constitutional Moments

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Singapore: 50 constitutional moments that defined a nation

Author : Kevin YL Tan
Publisher : Marshall Cavendish International Asia Pte Ltd
ISBN 13 : 981467785X
Total Pages : pages
Book Rating : 4.8/5 (146 download)

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Book Synopsis Singapore: 50 constitutional moments that defined a nation by : Kevin YL Tan

Download or read book Singapore: 50 constitutional moments that defined a nation written by Kevin YL Tan and published by Marshall Cavendish International Asia Pte Ltd. This book was released on 2015-08-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Singapore inherited a Westminster-style constitution from the British who ruled the island for 140 years. Since Singapore’s independence in 1965, this constitution has been amended and augmented many times wherein unique institutions – such as the Elected Presidency and Group Representation Constitutions – were created. All these changes occurred against the backdrop of Singapore’s special geographical local, multi-ethnic population and vulnerability to externalities. This book features a collection of short essays describing and explaining 50 Constitutional Moments – major inflexion points in the trajectory of Singapore’s constitutional development. The authors have selected each of these ‘moments’ on the basis of their impact in the forging of the modern constitutional order. Starting in 1965, the book begins chronologically, from the ‘moment’ of Singapore’s expulsion from the Federation of Malaysia through the establishment of the Wee Chong Jin Constitutional Commission (1966) to the entrenchment of the sovereignty clause in the Constitution (1972) right through to the 2000s, with the Presidential Elections of 2011. In these easy-to-read essays, the reader is introduced to what the authors consider to be the most important episodes that have shaped the Singapore Constitution. These articles cover key events like President Ong Teng Cheong’s 1999 Press Conference and the 2001 Tudung controversy; constitutional amendments like the Maintenance of Religious Harmony Act (1990) and the introduction of Nominated Members of Parliament (1990); and seminal cases like Chng Suan Tze v Minister for Home Affairs (1989) and Yong Vui Kong v PP (2010 & 2015)) that have contributed to the sculpting of Singapore’s constitutional landscape.

India's Founding Moment

Author : Madhav Khosla
Publisher :
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India's Founding Moment by : Madhav Khosla

Download or read book India's Founding Moment written by Madhav Khosla and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Constitutional Revolution

Author : Gary Jeffrey Jacobsohn
Publisher : Yale University Press
ISBN 13 : 0300252889
Total Pages : 382 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Revolution by : Gary Jeffrey Jacobsohn

Download or read book Constitutional Revolution written by Gary Jeffrey Jacobsohn and published by Yale University Press. This book was released on 2020-05-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Constitutional Moments

Author :
Publisher : BRILL
ISBN 13 : 9004549153
Total Pages : 541 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Constitutional Moments by :

Download or read book Constitutional Moments written by and published by BRILL. This book was released on 2024-03-21 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.

Constitutional Democracy in Crisis?

Author : Mark A. Graber
Publisher : Oxford University Press
ISBN 13 : 0190889004
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber

Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Constituent Moments

Author : Jason Frank
Publisher : Duke University Press
ISBN 13 : 0822391686
Total Pages : 362 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Constituent Moments by : Jason Frank

Download or read book Constituent Moments written by Jason Frank and published by Duke University Press. This book was released on 2010-01-04 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

The Madisonian Constitution

Author : George Thomas
Publisher : JHU Press
ISBN 13 : 0801888522
Total Pages : 263 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis The Madisonian Constitution by : George Thomas

Download or read book The Madisonian Constitution written by George Thomas and published by JHU Press. This book was released on 2008-06-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Founding Moments in Constitutionalism

Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930981
Total Pages : 400 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Founding Moments in Constitutionalism by : Richard Albert

Download or read book Founding Moments in Constitutionalism written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.

The Cult of the Constitution

Author : Mary Anne Franks
Publisher : Stanford University Press
ISBN 13 : 1503609103
Total Pages : 310 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Cult of the Constitution by : Mary Anne Franks

Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

We the People, Volume 2

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674003977
Total Pages : 530 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis We the People, Volume 2 by : Bruce Ackerman

Download or read book We the People, Volume 2 written by Bruce Ackerman and published by Harvard University Press. This book was released on 1991 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as "one of the most important contributions to American constitutional thought in the last half-century" (Cass Sunstein, The New Republic). In each case he shows how the American people--whether led by the Founding Federalists or the Lincoln Republicans or the Roosevelt Democrats--have confronted the Constitution in its moments of great crisis with dramatic acts of upheaval, always in the name of popular sovereignty. A thoroughly new way of understanding constitutional development, We the People, Volume 2: Transformations reveals how America's "dualist democracy" provides for these populist upheavals that amend the Constitution, often without formalities. The book also sets contemporary events, such as the Reagan Revolution and Roe v. Wade, in deeper constitutional perspective.

The Anti-Oligarchy Constitution

Author : Joseph Fishkin
Publisher : Harvard University Press
ISBN 13 : 067424740X
Total Pages : 641 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Anti-Oligarchy Constitution by : Joseph Fishkin

Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-02-08 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered.” —James Pope, Washington Post “Fishkin and Forbath’s accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution.” —Benjamin Morse, Jacobin “Rousing and authoritative...attempt[s] to recover the Constitution’s pivotal role in shaping claims of justice and equality...Makes even the present court’s capture by the ideological right a compelling platform for a revived social-democratic constitutional politics.” —New Republic Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as this revolutionary retelling of constitutional history shows, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Joseph Fishkin and William Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

Original Meanings

Author : Jack N. Rakove
Publisher : Vintage
ISBN 13 : 0307434516
Total Pages : 464 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Original Meanings by : Jack N. Rakove

Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

Ratification

Author : Pauline Maier
Publisher : Simon and Schuster
ISBN 13 : 0684868555
Total Pages : 608 pages
Book Rating : 4.6/5 (848 download)

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Book Synopsis Ratification by : Pauline Maier

Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the speeches and letters of the United States' founders, the author recounts the dramatic period after the Constitutional Convention and before the Constitution was finally ratified, describing the tumultuous events that took place in homes, taverns and convention halls throughout the colonies. By the author of American Scripture.

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 9780199752539
Total Pages : 176 pages
Book Rating : 4.7/5 (525 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The New British Constitution

Author : Vernon Bogdanor
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317146
Total Pages : 368 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The New British Constitution by : Vernon Bogdanor

Download or read book The New British Constitution written by Vernon Bogdanor and published by Bloomsbury Publishing. This book was released on 2009-06-03 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.

A Brilliant Solution

Author : Carol Berkin
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780156028721
Total Pages : 324 pages
Book Rating : 4.0/5 (287 download)

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Book Synopsis A Brilliant Solution by : Carol Berkin

Download or read book A Brilliant Solution written by Carol Berkin and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting all the original documents and using her deep knowledge of eighteenth-century history and politics, Carol Berkin takes a fresh look at the men who framed the Constitution, the issues they faced, and the times they lived in. Berkin transports the reader into the hearts and minds of the founders, exposing their fears and their limited expectations of success.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199750661
Total Pages : 272 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.