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The Liberal Clause
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Book Synopsis The Liberal Clause by : David W. Hedrick
Download or read book The Liberal Clause written by David W. Hedrick and published by Freedomsanswer. This book was released on 2010-10-01 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Liberal Clause," the first book written for the children of the Tea Party movement, comically features many favorite socialist politicians as liberal elves. In the end, efforts to control "elf-made global warming," excessive debt and the disastrous effects of liberalism, threaten Christmas itself. Can the children create a Tea Party movement and save Christmas in time?
Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Book Synopsis The 25th Clause and the Liberal Party by : James Guinness Rogers
Download or read book The 25th Clause and the Liberal Party written by James Guinness Rogers and published by . This book was released on 1874 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Odd Clauses written by Jay Wexler and published by Beacon Press. This book was released on 2011 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An innovative, insightful, and often humorous look at the Constitution's lesser-known clauses, offering a fresh approach to understanding our democracy. In this captivating and witty book, Jay Wexler draws on his extensive background in constitutional law to shine a much-deserved light on some of the Constitution's lesser-known parts. For a variety of reasons, many of the Constitution's "odd clauses" never make it to any court, and therefore never make headlines or even law school classrooms that teach from judicial decisions. Wexler delves into many of those more obscure passages, which he uses to illuminate the essence of our democratic process, including our tripartite government; the principles of equality, liberty, and privacy; and the integrity of our democracy"--
Book Synopsis Against Obligation by : Abner S. Greene
Download or read book Against Obligation written by Abner S. Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Book Synopsis The Religion Clauses by : Erwin Chemerinsky
Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Book Synopsis Liberalism and Affirmative Obligation by : Patricia Smith
Download or read book Liberalism and Affirmative Obligation written by Patricia Smith and published by Oxford University Press. This book was released on 1998-11-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of affirmative obligation is a point of contention among liberals. Some see affirmative obligations required by social justice as incompatible with a strong commitment to individual freedom. The task before the moderate liberal is then to consider what a consistently liberal view of affirmative obligation would have to be in order to accommodate liberal commitments to freedom and justice and also account for long-standing institutions that are central to liberal democratic society. In this book, Patricia Smith argues that this can be achieved by reconstructing the liberal doctrine of positive and negative duty. She offers a careful consideration of these elements of liberal principles as they relate to affirmative obligation. Through an innovative analysis of the institutions of family and contract, Smith develops the idea of duties of membership as preferable to natural duties (to explain family obligation) and as needed to supplement contractual duties (to explain professional obligation). This idea is then applied to the problem of justifying political obligation. She argues that membership obligations, implied in cooperative endeavor, must supplement obligations of consent that are central to liberal theory. This is deftly illustrated through a state of nature theory that includes community membership, eliminating atomistic individualism while maintaining consonance with what Smith calls cooperative individualism. The resulting view of liberal individualism is consistent, complete, and capable of handling long-standing liberal institutions, while taking seriously the demands of affirmative obligations. Smiths clear articulation of a liberal view of affirmative obligation finds a middle ground on this polarized topic, with compelling and reasoned implications for liberal political philosophy. Her discussion will interest students and scholars of legal and political philosophy and political science.
Download or read book The Liberal Magazine written by and published by . This book was released on 1925 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis War and Revolution by : Domenico Losurdo
Download or read book War and Revolution written by Domenico Losurdo and published by Verso Books. This book was released on 2015-02-03 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: War and Revolution identifies and takes to task a reactionary trend among contemporary historians, one that’s grown increasingly apparent in recent years. It’s a revisionist tendency discernible in the work of authors such as Ernst Nolte, who traces the impetus behind the Holocaust to the excesses of the Russian Revolution; or François Furet, who links the Stalinist purges to an “illness” originating with the French Revolution. The intention of these revisionists is to eradicate the revolutionary tradition. Their true motives have little to do with the quest for a greater understanding of the past, but lie in the climate of the present day and the ideological needs of the political classes, as is most clearly seen now in the work of the Anglophone imperial revivalists Paul Johnson and Niall Ferguson. In this vigorous riposte to those who would denigrate the history of emancipatory struggle, Losurdo captivates the reader with a tour de force account of modern revolt, providing a new perspective on the English, American, French and twentieth-century revolutions.
Download or read book Godless written by Ann Coulter and published by Crown Forum. This book was released on 2007-06-26 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If a martian landed in America and set out to determine the nation's official state religion, he would have to conclude it is liberalism, while Christianity and Judaism are prohibited by law. Many Americans are outraged by liberal hostility to traditional religion. But as Ann Coulter reveals in this, her most explosive book yet, to focus solely on the Left's attacks on our Judeo-Christian tradition is to miss a larger point: liberalism is a religion—a godless one. And it is now entrenched as the state religion of this county. Though liberalism rejects the idea of God and reviles people of faith, it bears all the attributes of a religion. In Godless, Coulter throws open the doors of the Church of Liberalism, showing us its sacraments (abortion), its holy writ (Roe v. Wade), its martyrs (from Soviet spy Alger Hiss to cop-killer Mumia Abu-Jamal), its clergy (public school teachers), its churches (government schools, where prayer is prohibited but condoms are free), its doctrine of infallibility (as manifest in the "absolute moral authority" of spokesmen from Cindy Sheehan to Max Cleland), and its cosmology (in which mankind is an inconsequential accident). Then, of course, there's the liberal creation myth: Charles Darwin's theory of evolution. For liberals, evolution is the touchstone that separates the enlightened from the benighted. But Coulter neatly reverses the pretense that liberals are rationalists guided by the ideals of free inquiry and the scientific method. She exposes the essential truth about Darwinian evolution that liberals refuse to confront: it is bogus science. Writing with a keen appreciation for genuine science, Coulter reveals that the so-called gaps in the theory of evolution are all there is—Darwinism is nothing but a gap. After 150 years of dedicated searching into the fossil record, evolution's proponents have failed utterly to substantiate its claims. And a long line of supposed evidence, from the infamous Piltdown Man to the "evolving" peppered moths of England, has been exposed as hoaxes. Still, liberals treat those who question evolution as religious heretics and prohibit students from hearing about real science when it contradicts Darwinism. And these are the people who say they want to keep faith out of the classroom? Liberals' absolute devotion to Darwinism, Coulter shows, has nothing to do with evolution's scientific validity and everything to do with its refusal to admit the possibility of God as a guiding force. They will brook no challenges to the official religion. Fearlessly confronting the high priests of the Church of Liberalism and ringing with Coulter's razor-sharp wit, Godless is the most important and riveting book yet from one of today's most lively and impassioned conservative voices. "Liberals love to boast that they are not 'religious,' which is what one would expect to hear from the state-sanctioned religion. Of course liberalism is a religion. It has its own cosmology, its own miracles, its own beliefs in the supernatural, its own churches, its own high priests, its own saints, its own total worldview, and its own explanation of the existence of the universe. In other words, liberalism contains all the attributes of what is generally known as 'religion.'" —From Godless
Download or read book The Liberal Magazine written by and published by . This book was released on 1945 with total page 1230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Book Synopsis The Future of Liberal Revolution by : Bruce Ackerman
Download or read book The Future of Liberal Revolution written by Bruce Ackerman and published by Yale University Press. This book was released on 1994-02-23 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, the Cold War has ended, new nations have emerged in Eastern Europe, and revolutionary struggles to establish liberal ideals have been waged against repressive governments throughout the world. Will the promise of liberalism be realized? What can liberals do to make the most of their opportunities and construct enduring forms of political order? In this important and timely book, a leading political theorist discusses the possibility of liberal democracy in Western and Eastern Europe and offers practical suggestions for its realization. Bruce Ackerman begins by sketching the challenges faced a Western Europe free for the first time in half a century to determine its own fate without the constant intervention of the United States and the Soviet Union. Unless decisive steps are taken, this moment of promise can degenerate into a new cycle of nationalist power struggle. Revolutionary action is now required to build the foundations of a democratic federal Europe--a union strong enough to keep the peace and to combat the threat of local tyrannies. Ackerman next considers Eastern Europe and discusses fundamental problems overlooked in the rush to build market economies there. He points out that leading countries--including Poland, Hungary, and Russia--have yet to establish new constitutions, contenting themselves instead with hasty amendments to old Communist documents. This is a great mistake, says Ackerman, for there is an urgent need to constitutionalize liberal revolution, and the window of opportunity for doing this is far smaller than many people realize. Neither judicial efforts to punish collaborators with the old regimes and to redress wrongs done to their victims nor the judicial activism now sweeping Eastern Europe should take priority over the formulation of democratically legitimated constitutions. Ackerman concludes by considering the impact of 1989 on South Africa, Latin America, and the United States, exploring how decisive liberal action throughout the world can help to expand the range of functioning constitutional democracies and recover liberalism's lost revolutionary heritage. .
Download or read book Liberal Magazine written by and published by . This book was released on 1898 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federalist Society by : Michael Avery
Download or read book The Federalist Society written by Michael Avery and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Book Synopsis Separation of Church and State by : Philip HAMBURGER
Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Book Synopsis America's Constitution by : Akhil Reed Amar
Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
