The Foundations Of The Constitution

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Social and Political Foundations of Constitutions

Author : Denis J. Galligan
Publisher : Cambridge University Press
ISBN 13 : 1107434572
Total Pages : 693 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Social and Political Foundations of Constitutions by : Denis J. Galligan

Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

Liberty, Property, and the Foundations of the American Constitution

Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 : 9780887069154
Total Pages : 200 pages
Book Rating : 4.0/5 (691 download)

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Book Synopsis Liberty, Property, and the Foundations of the American Constitution by : Ellen Frankel Paul

Download or read book Liberty, Property, and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Logical Foundations of Constitutional Liberty

Author : James M. Buchanan
Publisher :
ISBN 13 : 9780865972131
Total Pages : 0 pages
Book Rating : 4.9/5 (721 download)

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Book Synopsis The Logical Foundations of Constitutional Liberty by : James M. Buchanan

Download or read book The Logical Foundations of Constitutional Liberty written by James M. Buchanan and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-one papers presented in this volume offer scholars and general readers alike a comprehensive introduction to the work of one of the greatest economists of the modern era. Many of Buchanan's most important essays are gathered in this inaugural volume of the twenty-volume series from Liberty Fund of his Collected Works. The editors have focused on papers that Buchanan has written without collaboration and which present Buchanan's earlier, classic statements on crucial subjects rather than his subsequent elaborations which appear in later volumes in the series. Included, too, is Buchanan's Nobel address, "The Constitution of Economic Policy," and the text of the Nobel Committee's press release explaining why Buchanan was awarded the prize for Economics in 1986. The volume also includes Buchanan's autobiographical essay, "Better Than Plowing," in which he gives not only a brief account of his life, but also his own assessment of what is important, distinctive, and enduring in his work. The foreword by the three series editors will be valuable to all readers who wish to engage the challenging but epochal writings of the father of modern public choice theory. --

The People’s Constitution

Author : John F. Kowal
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.

The Classical Foundations of the American Constitution

Author : David J. Bederman
Publisher : Cambridge University Press
ISBN 13 : 9780521187619
Total Pages : 0 pages
Book Rating : 4.1/5 (876 download)

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Book Synopsis The Classical Foundations of the American Constitution by : David J. Bederman

Download or read book The Classical Foundations of the American Constitution written by David J. Bederman and published by Cambridge University Press. This book was released on 2011-02-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the Framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

The Heritage Guide to the Constitution

Author : David F. Forte
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Novus Ordo Seclorum

Author : Forrest McDonald
Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Novus Ordo Seclorum by : Forrest McDonald

Download or read book Novus Ordo Seclorum written by Forrest McDonald and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism

The Collected Works of James M. Buchanan

Author : James M. Buchanan
Publisher :
ISBN 13 : 9780865972520
Total Pages : 220 pages
Book Rating : 4.9/5 (725 download)

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Book Synopsis The Collected Works of James M. Buchanan by : James M. Buchanan

Download or read book The Collected Works of James M. Buchanan written by James M. Buchanan and published by . This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An index to the series "The Collected works of James M. Buchanan."

The Anti-Oligarchy Constitution

Author : Joseph Fishkin
Publisher : Harvard University Press
ISBN 13 : 067498062X
Total Pages : 641 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Anti-Oligarchy Constitution by : Joseph Fishkin

Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

Understanding Missouri's Constitutional Government

Author : Richard M. Fulton
Publisher : University of Missouri Press
ISBN 13 : 0826219039
Total Pages : 177 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Understanding Missouri's Constitutional Government by : Richard M. Fulton

Download or read book Understanding Missouri's Constitutional Government written by Richard M. Fulton and published by University of Missouri Press. This book was released on 2010-12-03 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This approachable, valuable exposition on Missouri government fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government and places Missouri within the context of our larger federal system. The essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each document's articles is covered.

Political Foundations of Judicial Supremacy

Author : Keith E. Whittington
Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Constitutional Construction

Author : Keith E. Whittington
Publisher : Harvard University Press
ISBN 13 : 0674045157
Total Pages : 315 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

The Constitution as Political Structure

Author : Martin H. Redish
Publisher : Oxford University Press, USA
ISBN 13 : 0195070607
Total Pages : 240 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Constitution as Political Structure by : Martin H. Redish

Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.

The Constitution of Development

Author : S. Shivakumar
Publisher : Springer
ISBN 13 : 1403982112
Total Pages : 183 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis The Constitution of Development by : S. Shivakumar

Download or read book The Constitution of Development written by S. Shivakumar and published by Springer. This book was released on 2005-10-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the foundations of development, Shivakumar describes how societies can reconstitute themselves to improve their developmental well-being. He argues that the unitary state focus in theory and practice limits the creative potential of individuals to improve their mutual well-being through crafting capabilities for self-governance. This is a significant contribution to current discussions on institutional foundations of development, providing practical guidance on what it means to constitute a government that facilitates rather than impedes progress.

The Constitution Under Siege

Author : Christopher H. Pyle
Publisher :
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitution Under Siege by : Christopher H. Pyle

Download or read book The Constitution Under Siege written by Christopher H. Pyle and published by . This book was released on 2010 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Under Siege is a provocative teaching instrument that uses law, history, and politics to test what the law arguably "is" against assertions of what it "ought" to be. It examines the questionable impulses of presidents, members of Congress, the military, and intelligence agencies to bend or break the Constitution and the laws. In questioning the legitimacy of raw assertions of unaccountable power, the editors reject both the illustrative case approach of political scientists and precedent-driven approach of lawyers, supplementing key court cases with historically-rich essays, notes, and questions. These essays explain where our nation's "first principles" came from, and why they became imbedded, at least until recently, in our laws and institutions. Above all, these materials will prompt the reader to ask how, and by what authority, presidents, Congress, and even courts have come to allow the military and secret agencies to kidnap, torture, assassinate, or secretly detain citizens or aliens, and to use military and para-military force without running afoul of the Constitution and its Bill of Rights. "This superb book, written by two of the nation's most acute analysts of law and politics, provides readers with materials indispensable to an understanding of the many dubious assertions of governmental power, by both presidents and Congress, that have rocked the foundations of our republic. ... It is must reading for all those concerned about the future of constitutional government." -- David Gray Adler, James McClure Professor of Public Policy at the University of Idaho "The Constitution Under Siege offers unparalleled insights arising from the authors' singular mastery of documents, events, and law. From the Barbary pirates to Islamic terrorism, no single source more definitively instructs the reader as it interweaves American law and policy abroad. This is an indispensable book." -- Robert J. Spitzer, Distinguished Service Professor, SUNY, Cortland