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Living Constitution Dying Faith
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Book Synopsis Living Constitution, Dying Faith by : Bradley C. S. Watson
Download or read book Living Constitution, Dying Faith written by Bradley C. S. Watson and published by Open Road Media. This book was released on 2020-11-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “living” constitution. Runaway courts. Legislating from the bench. These phrases come up a lot in the national political debate. They raise the ire of many Americans. But where did the ideas come from? Why do courts play a role so alien to the one the American Founders outlined? And how did unelected judges gain so much power in our democratic republic? Political scientist and legal philosopher Bradley C. S. Watson provides the answers in this important book. To understand why courts today rule the way they do, Watson shows, you must go back more than a century. You’ll find the philosophical and historical roots of judicial activism in the late nineteenth century. Watson traces a line from social Darwinism and pragmatism, through the rise of Progressivism, to our situation today. Living Constitution, Dying Faith reveals a radical transformation of American political thought. This ebook features a new introduction examining the latest developments—which only highlight the prescience of Watson’s arguments.
Book Synopsis The Evangelical Origins of the Living Constitution by : John W. Compton
Download or read book The Evangelical Origins of the Living Constitution written by John W. Compton and published by Harvard University Press. This book was released on 2014-03-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.
Book Synopsis Progressive Challenges to the American Constitution by : Bradley C. S. Watson
Download or read book Progressive Challenges to the American Constitution written by Bradley C. S. Watson and published by Cambridge University Press. This book was released on 2017-04-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century.
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.
Book Synopsis Hanging by a Thread by : Richard N. Skousen
Download or read book Hanging by a Thread written by Richard N. Skousen and published by Verity Publishing, Inc.. This book was released on 2016-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ourselves and Our Posterity by : Bradley C. S. Watson
Download or read book Ourselves and Our Posterity written by Bradley C. S. Watson and published by Lexington Books. This book was released on 2009 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Bradley C. S. Watson brings together some of America's leading constitutional scholars to reflect on the meaning and significance of 'originalism' in constitutional interpretation and politics. The book brings the subject of constitutional interpretation down from the clouds, showing its relationship to the concerns of the citizen.
Book Synopsis Progressivism by : Bradley C. S. Watson
Download or read book Progressivism written by Bradley C. S. Watson and published by University of Notre Dame Pess. This book was released on 2020-02-28 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: At its core this book is intellectual history, tracing the work of progressive historians as they in turn wrote the history of progressivism. In Progressivism: The Strange History of a Radical Idea, Bradley C. S. Watson presents an intellectual history of American progressivism as a philosophical-political phenomenon, focusing on how and with what consequences the academic discipline of history came to accept and propagate it. This book offers a meticulously detailed historiography and critique of the insularity and biases of academic culture. It shows how the first scholarly interpreters of progressivism were, in large measure, also its intellectual architects, and later interpreters were in deep sympathy with their premises and conclusions. Too many scholarly treatments of the progressive synthesis were products of it, or at least were insufficiently mindful of two central facts: the hostility of progressive theory to the Founders’ Constitution and the tension between progressive theory and the realm of the private, including even conscience itself. The constitutional and religious dimensions of progressive thought—and, in particular, the relationship between the two—remained hidden for much of the twentieth century. This pathbreaking volume reveals how and why this scholarly obfuscation occurred. The book will interest students and scholars of American political thought, the Progressive Era, and historiography, and it will be a useful reference work for anyone in history, law, and political science.
Book Synopsis Perfecting the Constitution by : Darren Patrick Guerra
Download or read book Perfecting the Constitution written by Darren Patrick Guerra and published by Lexington Books. This book was released on 2013-06-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Book Synopsis The Death Penalty by : Joseph A. Melusky
Download or read book The Death Penalty written by Joseph A. Melusky and published by Bloomsbury Publishing USA. This book was released on 2014-01-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is the death penalty considered "cruel and unusual punishment" or "constitutionally permissible"? This book exposes readers directly to landmark opinions of the U.S. Supreme Court that strive to answer difficult questions regarding capital punishment. This book provides far more than an effective overview of the history, current status, and future of capital punishment in America; it supplies excerpts of the words of the justices themselves to make these judicial opinions readily accessible and understandable to general audiences. As a result, readers can see what the justices had to say for themselves regarding more than 30 important cases involving the death penalty—without relying on any intermediary interpretations of their statements. After a brief historical summary of the debate over capital punishment and the arguments favoring and opposing capital punishment, the book "decodes" how the justices have interpreted and applied constitutional provisions to historical and contemporary controversies. Each case includes brief narrative commentaries inserted by the authors to provide context for the justices' words. Additionally, the excerpted judicial opinions are presented as primary source documents for the reader's inspection and reflection.
Book Synopsis American Constitutional Law, Volume II by : Ralph A. Rossum
Download or read book American Constitutional Law, Volume II written by Ralph A. Rossum and published by Routledge. This book was released on 2019-07-23 with total page 1204 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law 11e, Volume II provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition now includes several landmark First Amendment cases, including Janus v. American Federation of State, County, and Municipal Employees (2018), Minnesota Voters Alliance v. Mansky (2018), National Institute of Family and Life Advocates v. Beccera (2018), Trinity Lutheran Church v. Comer (2017) and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). It also includes Carpenter v. United States (2018). A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Book Synopsis American Constitutional Law, Volume II by : Ralph A. Rossum
Download or read book American Constitutional Law, Volume II written by Ralph A. Rossum and published by Routledge. This book was released on 2018-05-15 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Constitution and its amendments not only grant the national and state governments sufficient power to control the governed but also oblige these governments to control themselves. It considers the distribution of power in the national government.
Book Synopsis American Constitutional Law, Volume I by : Ralph A. Rossum
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2019-07-23 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Book Synopsis Christianity and the Constitution by : John Eidsmoe
Download or read book Christianity and the Constitution written by John Eidsmoe and published by Baker Academic. This book was released on 1995-08-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the writings of the founders and records of their conversations and activities, John Eidsmoe demonstrates the influence of Christianity on the political convictions of the founding fathers.
Download or read book On Faith written by Antonin Scalia and published by Forum Books. This book was released on 2019-04-09 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Faith is an inspiring collection of the late Supreme Court justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice. Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.
Book Synopsis After Tocqueville by : Chilton Williamson
Download or read book After Tocqueville written by Chilton Williamson and published by Open Road Media. This book was released on 2014-04-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The End of Democracy? The fall of the Berlin Wall. The collapse of the Iron Curtain. The Orange Revolution. The Arab Spring. The rush of events in recent decades seems to confirm that Alexis de Tocqueville was right: the future belongs to democracy. But take a closer look. The history of democracy since the 1830s, when Tocqueville wrote Democracy in America, reveals a far more complicated picture. And the future, author Chilton Williamson Jr. demonstrates, appears rather unpromising for democratic institutions around the world. The fall of communism sparked the popular notion that the spread of democracy was inevitable. After Tocqueville challenges this sunny notion. Various aspects of twenty-first-century life that Tocqueville could scarcely have imagined—political, economic, social, religious, intellectual, technological, environmental—militate against democracy, both in developing societies and in the supposedly democratic West. This piercing, elegantly written book raises crucial questions about the future of democracy.
Book Synopsis American Constitutional Law, Volume I by : Ralph A. Rossum
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2018-05-04 with total page 1606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the distribution of power in the national government and explores how the constitutional scheme of separation of powers and checks and balances grants and controls power. It examines how the American Constitution and its amendments oblige the national and state governments.
Book Synopsis Rendering to God and Caesar by : Mark Caleb Smith
Download or read book Rendering to God and Caesar written by Mark Caleb Smith and published by Sheffield Publishing. This book was released on 2017-12-20 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: You are holding in your hands a piece of the counterculture. The recent tendency in the academic world has been away from primary sources and toward textbooks. Being a fairly traditional lot, we find that unacceptable. We focus on the “big ideas” that have shaped American government. There are many ways to gain exposure to these ideas, but in our opinion, none are better than actually reading the primary sources that first articulated them. That is why you will see many founding documents, Supreme Court cases, and momentous speeches within these pages. This collection will whet your appetite for exploring our rich American governmental heritage. Our hope is that this may be the beginning of a lifelong interest in the basis of our American government—how we got where we are today, and how we are to proceed from here!
