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The Constitution Besieged
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Book Synopsis The Constitution Besieged by : Howard Gillman
Download or read book The Constitution Besieged written by Howard Gillman and published by Duke University Press. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.
Book Synopsis The Constitution Besieged by : Howard Aaron Gillman
Download or read book The Constitution Besieged written by Howard Aaron Gillman and published by . This book was released on 1988 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Besieged written by and published by Penguin UK. This book was released on 2010-07-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translated by Mahmood Farooqui, with notes on the Mutiny Papers and governance in Delhi 1857 by the translator When Delhi lay under siege for five harrowing months in the summer of 1857, the people of the city described the events as ghadar: a time of turbulence. Resources within the besieged city fell dangerously low and locals found the rebelling sepoys presence and the increased levies insufferable. Nonetheless, an extraordinary effort was launched by the government of Bahadur Shah Zafar to fight the British. Thousands of labourers and tonnes of materials were mobilized, funds were gathered, the police monitored food prices and a functioning bureaucracy was vigilantly maintained right until the walled city s fall. Then, as Delhi was transformed by the victorious British, these everyday sacrifices and the efforts of thousands of people to save their country were lost forever. In this groundbreaking work, Mahmood Farooqui presents the first extensive translations into English of the Mutiny Papers documents dating from Delhi s 1857 siege, originally written in Persian and Shikastah Urdu. The translations include such fascinating pieces as the constitution of the Court of Mutineers, letters from soldiers threatening to leave Delhi if they were not paid their salaries, complaints to the police about unruly soldiers, and reports of troublesome courtesans, spies, faqirs, doctors, volunteers and harassed policemen. Shifting focus away from the conventional understanding of the events of 1857, these translations return ordinary and anonymous men and women back into the history of 1857. Besieged offers a view of how the rebel government of Delhi organized the essential requirements of war food and labour, soldiers salaries, arms and ammunition but more than that, this deeply evocative book reveals the hopes, beliefs and failures of a people who lived through the tragic end of an era.
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.
Download or read book Lochner V. New York written by Paul Kens and published by Landmark Law Cases & American. This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.
Book Synopsis Uncertain Justice by : Laurence Tribe
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.
Book Synopsis Rehabilitating Lochner by : David E. Bernstein
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Book Synopsis The Constitutional Logic of Affirmative Action by : Ronald J. Fiscus
Download or read book The Constitutional Logic of Affirmative Action written by Ronald J. Fiscus and published by Duke University Press. This book was released on 1992-01-30 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.
Book Synopsis Community Besieged by : Garth Stevenson
Download or read book Community Besieged written by Garth Stevenson and published by McGill-Queen's Press - MQUP. This book was released on 1999-06-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Community Besieged Garth Stevenson describes the unusual circumstances that allowed English-speaking Quebecers to live in virtual isolation from their francophone neighbours for almost a century after Confederation. He describes their relations with Maurice Duplessis and the Union Nationale and their ambivalent response to the Quiet Revolution. New political issues - language policy, educational reform, sovereignty, and the constitution - undermined the old system of elite accommodation in Quebec, causing conflicts between anglophones and francophones and creating a new sense of anglophone identity that transcends religious differences. The changing relations of Quebec anglophones with the major political parties, as well as the role of newer entities such as Alliance Quebec and the Equality Party, are also examined. Stevenson concludes with a look at the future of anglophones in Quebec. Based in part on interviews with more than sixty English-speaking Quebecers who have played prominent parts in Quebec's political life, Community Besieged is a comprehensive and up-to-date description of the political life of this unique minority at both the federal and provincial level.
Book Synopsis The Republic Besieged by : Paul Preston
Download or read book The Republic Besieged written by Paul Preston and published by . This book was released on 1996 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be little doubting the significance of the Spanish Civil War, both as 'the last great cause' and as a defining moment on the road to the Second World War. In Spain, Mussolini and Hitler drew together in the Rome-Berlin Axis as they witnessed the pusillanimity of the democratic powers. This extensive collection of new research by an international team of scholars engages with the two central facts about the Spanish Civil War: in its origins, it was a series of Spanish social wars; and in its course and outcome, it was an episode in a greater European Civil War that ended in 1945. Uniquely focusing on the Spanish and international reasons for the ultimate defeat of the Second Republic, the chapters of this book show how, for three years, the Republic was besieged from without and from within: from outside, by the forces of international Fascism and their unwitting accomplices among the democratic states; and, from inside, by the forces of the extreme Left whose members put their own revolutionary ambitions before the effort to build a centralized war effort.
Book Synopsis Are We to be a Nation? by : Richard B. Bernstein
Download or read book Are We to be a Nation? written by Richard B. Bernstein and published by . This book was released on 1987 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author retells the entire story of the revolution in political thought that resulted in the republican experiment under the Constitution and Bill of Rights.
Book Synopsis Constructing Basic Liberties by : James E. Fleming
Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Book Synopsis The Votes That Counted by : Howard Gillman
Download or read book The Votes That Counted written by Howard Gillman and published by University of Chicago Press. This book was released on 2003-07-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as a historic political temptation. In The Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how well courts coped with the competing expectations for impartial justice and favorable partisan results. Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, in explaining the behavior of courts, he moves beyond an analysis of law to also take into account the influences of partisanship, judicial ideology, and broader political and historical contexts. Appropriately, Gillman pays special attention to the judges whose behavior generated the most controversy—the battling justices of the Florida and United States Supreme Courts. After carefully reviewing the arguments for and against their decisions, he concludes that the five justices behind the Bush v. Gore decision acted outside what should be considered the acceptable boundaries of judicial power. Gillman ends with an analysis of why they chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.
Book Synopsis Democracy Against Domination by : K. Sabeel Rahman
Download or read book Democracy Against Domination written by K. Sabeel Rahman and published by Oxford University Press. This book was released on 2016-10-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2008, the collapse of the US financial system plunged the economy into the worst economic downturn since the Great Depression. In its aftermath, the financial crisis pushed to the forefront fundamental moral and institutional questions about how we govern the modern economy. What are the values that economic policy ought to prioritize? What institutions do we trust to govern complex economic dynamics? Much of popular and academic debate revolves around two competing approaches to these fundamental questions: laissez-faire defenses of self-correcting and welfare-enhancing markets on the one hand, and managerialist turns to the role of insulated, expert regulation in mitigating risks and promoting growth on the other. In Democracy Against Domination, K. Sabeel Rahman offers an alternative vision for how we should govern the modern economy in a democratic society. Drawing on a rich tradition of economic reform rooted in the thought and reform politics of early twentieth century progressives like John Dewey and Louis Brandeis, Rahman argues that the fundamental moral challenge of economic governance today is two-fold: first, to counteract the threats of economic domination whether in the form of corporate power or inequitable markets; and second, to do so by expanding the capacity of citizens themselves to exercise real political power in economic policymaking. This normative framework in turn suggests a very different way of understanding and addressing major economic governance issues of the post-crisis era, from the challenge of too-big-to-fail financial firms, to the dangers of regulatory capture and regulatory reform. Synthesizing a range of insights from history to political theory to public policy, Democracy Against Domination offers an exciting reinterpretation of progressive economic thought; a fresh normative approach to democratic theory; and an urgent hope for realizing a more equitable and democratically accountable economy through practical reforms in our policies and regulatory institutions.
Book Synopsis Due Process of Law by : John V. Orth
Download or read book Due Process of Law written by John V. Orth and published by . This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Book Synopsis Liberty, Order, and Justice by : James McClellan
Download or read book Liberty, Order, and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Book Synopsis The Constitutional Origins of the American Civil War by : Michael F. Conlin
Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
