Common-law Liberty

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Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)

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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.

Rethinking the Judicial Settlement of Reconstruction

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Publisher : Cambridge University Press
ISBN 13 : 1139496964
Total Pages : 283 pages
Book Rating : 4.1/5 (394 download)

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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.

The People’s Constitution

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Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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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.

Rethinking the Constitution

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Publisher : Booksurge Publishing
ISBN 13 :
Total Pages : 246 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rethinking the Constitution by :

Download or read book Rethinking the Constitution written by and published by Booksurge Publishing. This book was released on 2006 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primary-resource anthology of Japanese viewson Constitutional reform with vital insights from standard andnon-standard players alike

Beyond Origins

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Publisher : Oxford University Press
ISBN 13 : 0190494220
Total Pages : 289 pages
Book Rating : 4.1/5 (94 download)

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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: "From classical stories of divine lawgivers to contemporary ones of Founding Fathers and constitutional beginnings, foundings have long been synonymous with singular, extraordinary moments of political origin and creation. In constitutional democracies, this common view is particularly attractive, with original founding events, actors, and ideals invoked time and again in everyday politics as well as in times of crisis to remake the state and unify citizens. Beyond Origins challenges this view of foundings, explaining how it is ultimately dangerous, misguided, and unsustainable. Engaging with cases of founding through a series of “travels” across political traditions and historical time, this book evaluates the uses and abuses of this view to expose in its links among foundings, origins, and authority a troubling political foundationalism. It argues that by ascribing to foundings a universally binding, unifying, and transcendent authority, the common view works to obscure the fraught political struggles involved in actual foundings and refoundings. In the wake of this challenge, the book develops an alternate approach. Centered on a political view of foundings, this framework recasts foundations as far from authoritatively settled or grounded and redefines foundings as contentious, uncertain, and incomplete. It looks to actors whose complicated relations to pure origins both reveal and capitalize on the underauthorized and contingent nature of foundations to enact foundational change. By examining such actors--from Haitian revolutionaries to Latin American presidents and social movements--the book prods a reconsideration of foundings on different terms: as a contestatory, ongoing dimension of political life." (ed.).

Rethinking the New Deal Court

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Publisher : Oxford University Press
ISBN 13 : 019028336X
Total Pages : 336 pages
Book Rating : 4.1/5 (92 download)

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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.

Rethinking Constitutional Law

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Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Rethinking Constitutional Law by : Earl M. Maltz

Download or read book Rethinking Constitutional Law written by Earl M. Maltz and published by . This book was released on 1994 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

The United States Constitution

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Publisher : NYU Press
ISBN 13 : 0814761704
Total Pages : 347 pages
Book Rating : 4.8/5 (147 download)

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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.

The Constitution of Knowledge

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Publisher : Brookings Institution Press
ISBN 13 : 0815738870
Total Pages : 321 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis The Constitution of Knowledge by : Jonathan Rauch

Download or read book The Constitution of Knowledge written by Jonathan Rauch and published by Brookings Institution Press. This book was released on 2021-06-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.

Dred Scott and the Problem of Constitutional Evil

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Publisher : Cambridge University Press
ISBN 13 : 9781139457071
Total Pages : 300 pages
Book Rating : 4.4/5 (57 download)

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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.

Our Secret Constitution

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Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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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

Common Sense II

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Publisher :
ISBN 13 : 9780898963335
Total Pages : 240 pages
Book Rating : 4.9/5 (633 download)

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Book Synopsis Common Sense II by : Lyle A. Whitledge

Download or read book Common Sense II written by Lyle A. Whitledge and published by . This book was released on 1987-12-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitution 3.0

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Publisher : Rowman & Littlefield
ISBN 13 : 0815722133
Total Pages : 284 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Constitution 3.0 by : Jeffrey Rosen

Download or read book Constitution 3.0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Rethinking Political Institutions

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Publisher : NYU Press
ISBN 13 : 081474026X
Total Pages : 352 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Rethinking Political Institutions by : Ian Shapiro

Download or read book Rethinking Political Institutions written by Ian Shapiro and published by NYU Press. This book was released on 2006-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions shape every dimension of politics. This volume collects original essays on how such institutions are formed, operated, and changed, both in theory and in practice. Ranging across formal institutions of government such as legislatures, courts, and bureaucracies and intermediary institutions such as labor unions and party systems, the contributors show how these instruments of control give shape to the state, articulate its relationships, and express its legitimacy. Rethinking Political Institutions captures the state of the art in the study of the art of the state. Drawing on some of the leading scholars in the field, this volume includes essays on issues of social power, public policy and programs, judicial review, and cross-national institutions. Rethinking Political Institutions is an essential addition to the debate on the significance of political institutions, in light of democracy, social change and power. Contributors: Elisabeth S. Clemens, Jon Elster, John Ferejohn, Terry M. Moe, Claus Offe, Paul Pierson, Ulrich K. Preuss, Rogers M. Smith, Kathleen Thelen, Mark Tushnet, R. Kent Weaver, Margaret Weir, Keith E. Whittington

Allow Me to Retort

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Publisher : The New Press
ISBN 13 : 162097813X
Total Pages : 230 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Allow Me to Retort by : Elie Mystal

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.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

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Publisher : Liveright Publishing
ISBN 13 : 1631493655
Total Pages : 704 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by : Geoffrey R. Stone

Download or read book Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century written by Geoffrey R. Stone and published by Liveright Publishing. This book was released on 2017-03-21 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

A New Introduction to American Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0190245239
Total Pages : 307 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber

Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.