The Strategic Constitution

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The Strategic Constitution

Author : Robert D. Cooter
Publisher : Princeton University Press
ISBN 13 : 0691214506
Total Pages : 435 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Strategic Constitution by : Robert D. Cooter

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Local Players in Global Games

Author : Peer Hull Kristensen
Publisher : Oxford University Press on Demand
ISBN 13 : 0199275610
Total Pages : 375 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Local Players in Global Games by : Peer Hull Kristensen

Download or read book Local Players in Global Games written by Peer Hull Kristensen and published by Oxford University Press on Demand. This book was released on 2005 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when previously autonomous firms from different countries, each with their own identities, routines and capabilities, come together inside a single multinational corporation? This book tackles this question through an empirical study of the strategic constitution of a multinational.

The Strategic Constitution

Author : Irvin Studin
Publisher : UBC Press
ISBN 13 : 0774827173
Total Pages : 285 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Strategic Constitution by : Irvin Studin

Download or read book The Strategic Constitution written by Irvin Studin and published by UBC Press. This book was released on 2014-05-15 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, Canada’s Constitution has been principally viewed as a federal framework or a rights bulwark. This book offers a brand new interpretation. The “Strategic Constitution,” as proposed by Irvin Studin, can be a framework for Canada to project strategic power in the world. This framework lays the foundations for a new school of Canadian constitutional scholarship. Studin begins by reducing the Constitution to its strategically relevant essentials or building blocks. He then provides a wide-ranging audit of the Constitution in terms of its implications for so-called factors of strategic power: the military, diplomacy, executive potency, natural resources, the economy, strategic communications, and the national population. He later applies the Strategic Constitution framework to four policy case studies: Canadian regional leadership in the Americas; bona fide war (as in Afghanistan); Arctic sovereignty; and counterterrorism. Provocative and well-argued, this book makes the case for the Constitution being a highly flexible national framework that quietly harbours seeds of national strategic potency.

The Strategy of Rhetoric

Author : Riker, William Harrison Riker
Publisher : Yale University Press
ISBN 13 : 9780300061697
Total Pages : 308 pages
Book Rating : 4.0/5 (616 download)

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Book Synopsis The Strategy of Rhetoric by : Riker, William Harrison Riker

Download or read book The Strategy of Rhetoric written by Riker, William Harrison Riker and published by Yale University Press. This book was released on 1996-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: He discusses several heresthetical maneuvers that made the Federalists' narrow victory possible, such as their proposal of a constitution that was broader than most citizens would have preferred, and their design of the ratification process as a take-it-or-leave-it proposition, so that they could prevent any ratifying state from altering it. Riker concludes by examining the relationship between rhetoric and heresthetic. He shows that both were necessary for the Federalist victory: rhetoric, to build support for Federalist positions, and heresthetic, to structure the choice process so that this level of support would be sufficient.

Social and Political Foundations of Constitutions

Author : Denis James Galligan
Publisher : Cambridge University Press
ISBN 13 : 1107424399
Total Pages : 844 pages
Book Rating : 4.1/5 (74 download)

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

Download or read book Social and Political Foundations of Constitutions written by Denis James Galligan and published by Cambridge University Press. This book was released on 2013 with total page 844 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 of constitution making in nineteen different countries. In the first part of the volume, 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 of the volume, 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. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--

The Tough Luck Constitution and the Assault on Health Care Reform

Author : Andrew Koppelman
Publisher : Oxford University Press
ISBN 13 : 0199970041
Total Pages : 240 pages
Book Rating : 4.1/5 (999 download)

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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.

The Strategic Constitution

Author : Irvin Studin
Publisher : UBC Press
ISBN 13 : 0774827165
Total Pages : 285 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Strategic Constitution by : Irvin Studin

Download or read book The Strategic Constitution written by Irvin Studin and published by UBC Press. This book was released on 2014-03-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, Canada's Constitution has been principally viewed as a federal framework or a rights bulwark. This book offers a new interpretation. The "Strategic Constitution," as proposed by Irvin Studin, is a framework for understanding the capacity of Canada to project strategic power in the world. First, Studin provides a wide-ranging audit of the Constitution in terms of its treatment of factors of strategic power. He then applies the Strategic Constitution framework to four policy case studies. Provocative and well-argued, this book makes the case for the Constitution being a flexible national framework that quietly harbours seeds of national strategic potency.

The Imperial Presidency and the Constitution

Author : Gary Schmitt
Publisher : Rowman & Littlefield
ISBN 13 : 1538101033
Total Pages : 186 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis The Imperial Presidency and the Constitution by : Gary Schmitt

Download or read book The Imperial Presidency and the Constitution written by Gary Schmitt and published by Rowman & Littlefield. This book was released on 2017-02-06 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander-in-chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a roadmap for assessing the propriety of executive behavior.

Strategic Social Choice

Author : Bezalel Peleg
Publisher : Springer Science & Business Media
ISBN 13 : 3642138756
Total Pages : 163 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Strategic Social Choice by : Bezalel Peleg

Download or read book Strategic Social Choice written by Bezalel Peleg and published by Springer Science & Business Media. This book was released on 2010-08-25 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written mainly during the Spring periods of 2008 and 2009, when the ?rst author was visiting Maastricht University. Financial s- port both from the Dutch Science Foundation NWO (grants 040. 11. 013 and 0. 40. 11. 082) and from the research institute METEOR (Maastricht Univ- sity) is gratefully acknowledged. Jerusalem Bezalel Peleg Maastricht Hans Peters April 2010 v Contents Preview to this book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi Part I Representations of constitutions 1 Introduction to Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 1 Motivation and summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 2 Arrow’s constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 3 Arrow’s Impossibility Theorem and its implications. . . . . . . . . 4 1. 4 Ga ̈rdenfors’s model. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. 5 Notes and comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Constitutions, e?ectivity functions, and game forms . . . . . . 7 2. 1 Motivation and summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. 2 Constitutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. 3 Constitutions and e?ectivity functions . . . . . . . . . . . . . . . . . . . . 12 2. 4 Game forms and a representation theorem. . . . . . . . . . . . . . . . . 16 2. 5 Representation and simultaneous exercising of rights. . . . . . . . 19 2. 6 Notes and comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 Nash consistent representations. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3. 1 Motivation and summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3. 2 Existence of Nash consistent representations: a general result 22 3. 3 The case of ?nitely many alternatives. . . . . . . . . . . . . . . . . . . . . 24 3. 4 Nash consistent representations of topological e?ectivity functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. 5 Veto functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3. 5. 1 Finitely many alternatives. . . . . . . . . . . . . . . . . . . . . . . . . 34 3. 5. 2 Topological veto functions. . . . . . . . . . . . . . . . . . . . . . . . . 36 3. 6 Liberalism and Pareto optimality of Nash equilibria. . . . . . . . . 40 3. 7 Notes and comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 vii viii Contents 4 Acceptable representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 4. 1 Motivation and summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law of Nations and the United States Constitution

Author : Anthony J. Bellia Jr.
Publisher : Oxford University Press
ISBN 13 : 0190666781
Total Pages : 224 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Law of Nations and the United States Constitution by : Anthony J. Bellia Jr.

Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

Peace

Author : Oliver P. Richmond
Publisher : Oxford University Press
ISBN 13 : 0192857029
Total Pages : 177 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Peace by : Oliver P. Richmond

Download or read book Peace written by Oliver P. Richmond and published by Oxford University Press. This book was released on 2023-02-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring The concept of peace has always attracted radical thought, action, and practices. It has been taken to mean merely an absence of overt violence or war, but in the contemporary era it is often used interchangeably with 'peacemaking', 'peacebuilding', 'conflict resolution', and 'statebuilding'. The modern concept of peace has therefore broadened from the mere absence of violence to something much more complicated. In this Very Short Introduction, Oliver Richmond explores the evolution of peace in practice and in theory, exploring our modern assumptions about peace and the various different interpretations of its applications. This second edition has been theoretically and empirically updated and introduces a new framework to understand the overall evolution of the international peace architecture. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Electronic Constitution: Social, Cultural, and Political Implications

Author : Amoretti, Francesco
Publisher : IGI Global
ISBN 13 : 1605662550
Total Pages : 310 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis Electronic Constitution: Social, Cultural, and Political Implications by : Amoretti, Francesco

Download or read book Electronic Constitution: Social, Cultural, and Political Implications written by Amoretti, Francesco and published by IGI Global. This book was released on 2009-03-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides analysis of the relationship between digital information technologies and politics, relating these issues to the historical system transformation.

Constitutions in Authoritarian Regimes

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107047668
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg

Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Our Undemocratic Constitution

Author : Sanford Levinson
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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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

A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

The Revolutionary Constitution

Author : David J. Bodenhamer
Publisher : Oxford University Press
ISBN 13 : 019991303X
Total Pages : 296 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Revolutionary Constitution by : David J. Bodenhamer

Download or read book The Revolutionary Constitution written by David J. Bodenhamer and published by Oxford University Press. This book was released on 2012-02-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.