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Taking The Constitution Seriously
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Book Synopsis Taking the Constitution Seriously by : Walter Berns
Download or read book Taking the Constitution Seriously written by Walter Berns and published by . This book was released on 1991 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seven formidable essays that make up this new analysis explore the Constitution and its central place in the development of the first nation to be built on the foundation of the rights of man. Of particular interest is Berns's view of minorities under the Constitution. Overall, the book will be well received by serious students of the American political experience, but others might find it difficult going.
Book Synopsis OMG WTF Does the Constitution Actually Say? by : Ben Sheehan
Download or read book OMG WTF Does the Constitution Actually Say? written by Ben Sheehan and published by Black Dog & Leventhal. This book was released on 2020-04-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.
Book Synopsis Taking the Constitution Seriously by : Gary L. McDowell
Download or read book Taking the Constitution Seriously written by Gary L. McDowell and published by . This book was released on 1981 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Taking Rights Seriously by : Ronald Dworkin
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by A&C Black. This book was released on 2013-10-21 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Book Synopsis The Tough Luck Constitution and the Assault on Health Care Reform by : Andrew Koppelman
Download or read book The Tough Luck Constitution and the Assault on Health Care Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Book Synopsis Taking the Constitution Away from the Courts by : Mark Tushnet
Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-07-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
Download or read book Me the People written by Kevin Bleyer and published by Random House. This book was released on 2012-05-29 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution promised a More Perfect Union. It’s a shame no one bothered to write a more perfect Constitution—one that didn’t trigger more than two centuries of arguments about what the darn thing actually says. Until now. Perfection is at hand. A new, improved Constitution is here. And you are holding it. But first, some historical context: In the eighteenth century, a lawyer named James Madison gathered his friends in Philadelphia and, over four long months, wrote four short pages: the Constitution of the United States of America. Not bad. In the nineteenth century, a president named Abraham Lincoln freed an entire people from the flaws in that Constitution by signing the Emancipation Proclamation. Pretty impressive. And in the twentieth century, a doctor at the Bethesda Naval Hospital delivered a baby—but not just any baby. Because in the twenty-first century, that baby would become a man, that man would become a patriot, and that patriot would rescue a country . . . by single-handedly rewriting that Constitution. Why? We think of our Constitution as the painstakingly designed blueprint drawn up by, in Thomas Jefferson’s words, an “assembly of demigods” who laid the foundation for the sturdiest republic ever created. The truth is, it was no blueprint at all but an Etch A Sketch, a haphazard series of blunders, shaken clean and redrawn countless times during a summer of petty debates, drunken ramblings, and desperate compromise—as much the product of an “assembly of demigods” as a confederacy of dunces. No wonder George Washington wished it “had been made more perfect.” No wonder Benjamin Franklin stomached it only “with all its faults.” The Constitution they wrote is a hot mess. For starters, it doesn’t mention slavery, or democracy, or even Facebook; it plays favorites among the states; it has typos, smudges, and misspellings; and its Preamble, its most famous passage, was written by a man with a peg leg. Which, if you think about it, gives our Constitution hardly a leg to stand on. [Pause for laughter.] Now stop laughing. Because you hold in your hands no mere book, but the most important document of our time. Its creator, Daily Show writer Kevin Bleyer, paid every price, bore every burden, and saved every receipt in his quest to assure the salvation of our nation’s founding charter. He flew to Greece, the birthplace of democracy. He bused to Philly, the home of independence. He went toe-to-toe (face-to-face) with Scalia. He added nightly confabs with James Madison to his daily consultations with Jon Stewart. He tracked down not one but two John Hancocks—to make his version twice as official. He even read the Constitution of the United States. So prepare yourselves, fellow patriots, for the most significant literary event of the twenty-first, twentieth, nineteenth, and latter part of the eighteenth centuries. Me the People won’t just form a More Perfect Union. It will save America. Praise for Me the People “I would rather read a constitution written by Kevin Bleyer than by the sharpest minds in the country.”—Jon Stewart “Bleyer takes a red pencil to democracy’s most hallowed laundry list. . . . Uproarious and fascinating.”—Reader’s Digest “I knew James Madison. James Madison was a friend of mine. Mr. Bleyer, you are no James Madison. But you sure are a heck of a lot more fun.”—Pulitzer Prize–winning historian Doris Kearns Goodwin, author of the #1 New York Times bestseller Team of Rivals
Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Book Synopsis The People Themselves by : Larry Kramer
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Book Synopsis The New Criminal Justice Thinking by : Sharon Dolovich
Download or read book The New Criminal Justice Thinking written by Sharon Dolovich and published by NYU Press. This book was released on 2017-03-28 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
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.
Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
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.
Book Synopsis The Lives of the Constitution by : Joseph Tartakovsky
Download or read book The Lives of the Constitution written by Joseph Tartakovsky and published by Encounter Books. This book was released on 2019-10-08 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals—some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.
Book Synopsis How Constitutional Rights Matter by : Adam Chilton
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
