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The Upside Down Constitution
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Book Synopsis The Upside-Down Constitution by : Michael S. Greve
Download or read book The Upside-Down Constitution written by Michael S. Greve and published by Harvard University Press. This book was released on 2012-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Book Synopsis The Fallacies of States' Rights by : Sotirios A. Barber
Download or read book The Fallacies of States' Rights written by Sotirios A. Barber and published by Harvard University Press. This book was released on 2013-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
Book Synopsis The Annotated U.S. Constitution and Declaration of Independence by : Jack N. Rakove
Download or read book The Annotated U.S. Constitution and Declaration of Independence written by Jack N. Rakove and published by Harvard University Press. This book was released on 2012-10-22 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787Ð88), in which ÒWe the PeopleÓ forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our Òpolitical scripturesÓ and have come to define us as a people. Now a Pulitzer PrizeÐwinning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.
Book Synopsis The Evangelical Origins of the Living Constitution by : John W. Compton
Download or read book The Evangelical Origins of the Living Constitution written by John W. Compton and published by Harvard University Press. This book was released on 2014-03-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.
Book Synopsis Revolutionary Constitutions by : Bruce Ackerman
Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
Book Synopsis Controlling the State by : Scott GORDON
Download or read book Controlling the State written by Scott GORDON and published by Harvard University Press. This book was released on 2009-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Book Synopsis The Politically Incorrect Guide to the Constitution by : Kevin Gutzman
Download or read book The Politically Incorrect Guide to the Constitution written by Kevin Gutzman and published by Simon and Schuster. This book was released on 2007-06-11 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide(tm) to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.
Book Synopsis The World Turned Upside Down by : Yang Jisheng
Download or read book The World Turned Upside Down written by Yang Jisheng and published by Farrar, Straus and Giroux. This book was released on 2021-01-19 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yang Jisheng’s The World Turned Upside Down is the definitive history of the Cultural Revolution, in withering and heartbreaking detail. As a major political event and a crucial turning point in the history of the People’s Republic of China, the Great Proletarian Cultural Revolution (1966–1976) marked the zenith as well as the nadir of Mao Zedong’s ultra-leftist politics. Reacting in part to the Soviet Union’s "revisionism" that he regarded as a threat to the future of socialism, Mao mobilized the masses in a battle against what he called "bourgeois" forces within the Chinese Communist Party (CCP). This ten-year-long class struggle on a massive scale devastated traditional Chinese culture as well as the nation’s economy. Following his groundbreaking and award-winning history of the Great Famine, Tombstone, Yang Jisheng here presents the only history of the Cultural Revolution by an independent scholar based in mainland China, and makes a crucial contribution to understanding those years' lasting influence today. The World Turned Upside Down puts every political incident, major and minor, of those ten years under extraordinary and withering scrutiny, and arrives in English at a moment when contemporary Chinese governance is leaning once more toward a highly centralized power structure and Mao-style cult of personality.
Book Synopsis The Conscience of the Constitution by : Timothy Sandefur
Download or read book The Conscience of the Constitution written by Timothy Sandefur and published by Cato Institute. This book was released on 2013-11-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber
Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Book Synopsis The World Turned Upside Down by : Clyde Prestowitz
Download or read book The World Turned Upside Down written by Clyde Prestowitz and published by Yale University Press. This book was released on 2021-01-26 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authority on Asia and globalization identifies the challenges China's growing power poses and how it must be confronted When China joined the World Trade Organization in 2001, most experts expected the WTO rules and procedures to liberalize China and make it "a responsible stakeholder in the liberal world order." But the experts made the wrong bet. China today is liberalizing neither economically nor politically but, if anything, becoming more authoritarian and mercantilist. In this book, notably free of partisan posturing and inflammatory rhetoric, renowned globalization and Asia expert Clyde Prestowitz describes the key challenges posed by China and the strategies America and the Free World must adopt to meet them. He argues that these must be more sophisticated and more comprehensive than a narrowly targeted trade war. Rather, he urges strategies that the United States and its allies can use unilaterally without contravening international or domestic law.
Book Synopsis Canada's Indigenous Constitution by : John Borrows
Download or read book Canada's Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.
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 Modern Constitutions by : Rogers M. Smith
Download or read book Modern Constitutions written by Rogers M. Smith and published by Democracy, Citizenship, and Company. This book was released on 2020 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.
Book Synopsis Public Policy and Local Governance by : Peter Bogason
Download or read book Public Policy and Local Governance written by Peter Bogason and published by Edward Elgar Publishing. This book was released on 2000 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internationalization and demands for more democratic influence at the local level have undermined the traditional methods of policy analysis. This work offers an institutional analysis of the new networks in public governance. Takes a postmodern approach which recognizes fragmentation within institutional organizations, and offers an alternative bottom-up approach to the analysis of local governance. Discusses collective action at the local level and describes how it is linked to the public sector through the need for financial, expert, and legal resources. Bogason teaches public administration at Roskilde University, Denmark. Annotation copyrighted by Book News Inc., Portland, OR
Book Synopsis Crown, Church and Constitution by : Jörg Neuheiser
Download or read book Crown, Church and Constitution written by Jörg Neuheiser and published by Berghahn Books. This book was released on 2016-05 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much scholarship on nineteenth-century English workers has been devoted to the radical reform politics that powerfully unsettled the social order in the century’s first decades. Comparatively neglected have been the impetuous patriotism, royalism, and xenophobic anti-Catholicism that countless men and women demonstrated in the early Victorian period. This much-needed study of the era’s “conservatism from below” explores the role of religion in everyday culture and the Tories’ successful mobilization across class boundaries. Long before they were able to vote, large swathes of the lower classes embraced Britain’s monarchical, religious, and legal institutions in the defense of traditional English culture.
Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
