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Rethinking The American Constitution
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Book Synopsis Common-law Liberty by : James Reist Stoner
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Book Synopsis Rethinking the American Constitution by : Robert H. Nelson
Download or read book Rethinking the American Constitution written by Robert H. Nelson and published by . This book was released on 2006 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Book Synopsis The People’s Constitution by : John F. Kowal
Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Book Synopsis Rethinking America by : John M. Murrin
Download or read book Rethinking America written by John M. Murrin and published by Oxford University Press. This book was released on 2018 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the seminal essays of John M. Murrin on the American Revolution, the United States Constitution, and the early American Republic. 'Rethinking America' explains why a constitutional argument within the British Empire escalated to produce a revolutionary republic.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Book Synopsis Rethinking American History in a Global Age by : Thomas Bender
Download or read book Rethinking American History in a Global Age written by Thomas Bender and published by Univ of California Press. This book was released on 2002-05-14 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: In rethinking and reframing the American national narrative in a wider context, the contributors to this volume ask questions about both nationalism and the discipline of history itself. The essays offer fresh ways of thinking about the traditional themes and periods of American history. By locating the study of American history in a transnational context, they examine the history of nation-making and the relation of the United States to other nations and to transnational developments. What is now called globalization is here placed in a historical context. A cast of distinguished historians from the United States and abroad examines the historiographical implications of such a reframing and offers alternative interpretations of large questions of American history ranging from the era of European contact to democracy and reform, from environmental and economic development and migration experiences to issues of nationalism and identity. But the largest issue explored is basic to all histories: How does one understand, teach, and write a national history even as one recognizes that the territorial boundaries do not fully contain that history and that within that bounded territory the society is highly differentiated, marked by multiple solidarities and identities? Rethinking American History in a Global Age advances an emerging but important conversation marked by divergent voices, many of which are represented here. The various essays explore big concepts and offer historical narratives that enrich the content and context of American history. The aim is to provide a history that more accurately reflects the dimensions of American experience and better connects the past with contemporary concerns for American identity, structures of power, and world presence.
Book Synopsis Rethinking the American Union for the Twenty-first Century by : Donald W. Livingston
Download or read book Rethinking the American Union for the Twenty-first Century written by Donald W. Livingston and published by Pelican Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great dissatisfaction with the government rests within society, yet the discussion continues to revolve around the same issues. In 7 essays, scholars propose that the real problem is size and scale, suggesting that the country is simply too big for one central government. This thought-provoking book begins a debate on how to divide it on a more human scale. Such scholars as Dr. Thomas DiLorenzo, Yuri Maltsev, Donald W. Livingston, Kent Masterson Brown, Marshall DeRosa, Kirkpatrick Sale, and Rob Williams contribute to the debate.
Book Synopsis The Upside-Down Constitution by : Michael S. Greve
Download or read book The Upside-Down Constitution written by Michael S. Greve and published by Harvard University Press. This book was released on 2012-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Book Synopsis Our Secret Constitution by : George P. Fletcher
Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Book Synopsis The United States Constitution by : Bertell Ollman
Download or read book The United States Constitution written by Bertell Ollman and published by NYU Press. This book was released on 1990-11 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEVER BEFORE ASSEMBLED IN A SINGLE VOLUME--the major writings on the Constitution from six critical traditions.
Book Synopsis A Revolution in Favor of Government by : Max M. Edling
Download or read book A Revolution in Favor of Government written by Max M. Edling and published by Oxford University Press. This book was released on 2008-07-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What were the intentions of the Founders? Was the American constitution designed to protect individual rights? To limit the powers of government? To curb the excesses of democracy? Or to create a robust democratic nation-state? These questions echo through today's most heated legal and political debates. In this powerful new interpretation of America's origins, Max Edling argues that the Federalists were primarily concerned with building a government that could act vigorously in defense of American interests. The Constitution transferred the powers of war making and resource extraction from the states to the national government thereby creating a nation-state invested with all the important powers of Europe's eighteenth-century "fiscal-military states." A strong centralized government, however, challenged the American people's deeply ingrained distrust of unduly concentrated authority. To secure the Constitution's adoption the Federalists had to accommodate the formation of a powerful national government to the strong current of anti-statism in the American political tradition. They did so by designing a government that would be powerful in times of crisis, but which would make only limited demands on the citizenry and have a sharply restricted presence in society. The Constitution promised the American people the benefit of government without its costs. Taking advantage of a newly published letterpress edition of the constitutional debates, A Revolution in Favor of Government recovers a neglected strand of the Federalist argument, making a persuasive case for rethinking the formation of the federal American state.
Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by . This book was released on 2011 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Demolishing the conventional wisdom that the Supreme Court's doctrine of state action killed Reconstruction, Pamela Brandwein unveils a lost jurisprudence of rights and redefines the legal transition to Jim Crow"--
Book Synopsis Beyond Origins by : Angélica Maria Bernal
Download or read book Beyond Origins written by Angélica Maria Bernal and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Origins challenges the common view of foundings as singular, extraordinary moments of political origin and creation. Engaging with cases of founding across political traditions -- from classical Greece to contemporary Latin America -- the book argues that it is only through pragmatist understandings of democratic origins that we can realize the potential for radical democratic change.
Download or read book Allow Me to Retort written by Elie Mystal and published by The New Press. This book was released on 2023-05-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist, ABA Silver Gavel Award for Books The New York Times bestseller that has cemented Elie Mystal’s reputation as one of our sharpest and most acerbic legal minds “After reading Allow Me to Retort, I want Elie Mystal to explain everything I don’t understand—quantum astrophysics, the infield fly rule, why people think Bob Dylan is a good singer . . .” —Michael Harriot, The Root Allow Me to Retort is an easily digestible argument about what rights we have, what rights Republicans are trying to take away, and how to stop them. Mystal explains how to protect the rights of women and people of color instead of cowering to the absolutism of gun owners and bigots. He explains the legal way to stop everything from police brutality to political gerrymandering, just by changing a few judges and justices. He strips out all of the fancy jargon conservatives like to hide behind and lays bare the truth of their project to keep America forever tethered to its slaveholding past. Mystal brings his trademark humor, expertise, and rhetorical flair to explain concepts like substantive due process and the right for the LGBTQ community to buy a cake, and to arm readers with the knowledge to defend themselves against conservatives who want everybody to live under the yoke of eighteenth-century white men. The same tactics Mystal uses to defend the idea of a fair and equal society on MSNBC and CNN are in this book, for anybody who wants to deploy them on social media. You don’t need to be a legal scholar to understand your own rights. You don’t need to accept the “whites only” theory of equality pushed by conservative judges. You can read this book to understand that the Constitution is trash, but doesn’t have to be.
