Why The Constitution Matters

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Why the Constitution Matters

Author : Mark Tushnet
Publisher : Yale University Press
ISBN 13 : 0300165358
Total Pages : 143 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Why the Constitution Matters by : Mark Tushnet

Download or read book Why the Constitution Matters written by Mark Tushnet and published by Yale University Press. This book was released on 2010-01-01 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

How to Read the Constitution—and Why

Author : Kim Wehle
Publisher : HarperCollins
ISBN 13 : 0062896318
Total Pages : 449 pages
Book Rating : 4.0/5 (628 download)

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Book Synopsis How to Read the Constitution—and Why by : Kim Wehle

Download or read book How to Read the Constitution—and Why written by Kim Wehle and published by HarperCollins. This book was released on 2019-06-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

This is Our Constitution

Author : Khizr Khan
Publisher : Knopf Books for Young Readers
ISBN 13 : 1524770914
Total Pages : 226 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis This is Our Constitution by : Khizr Khan

Download or read book This is Our Constitution written by Khizr Khan and published by Knopf Books for Young Readers. This book was released on 2017 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author traces his family's experiences immigrating to the U.S. to introduce the Constitution and the Bill of Rights, explaining how it represents America's democratic values and discussing the importance of the documents' history.

Fault Lines in the Constitution: The Graphic Novel

Author : Cynthia Levinson
Publisher : First Second
ISBN 13 : 1250806127
Total Pages : 288 pages
Book Rating : 4.2/5 (58 download)

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Book Synopsis Fault Lines in the Constitution: The Graphic Novel by : Cynthia Levinson

Download or read book Fault Lines in the Constitution: The Graphic Novel written by Cynthia Levinson and published by First Second. This book was released on 2020-09-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions.

Taking Back the Constitution

Author : Mark Tushnet
Publisher : Yale University Press
ISBN 13 : 0300252900
Total Pages : 320 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Taking Back the Constitution by : Mark Tushnet

Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Implementing the Constitution

Author : Richard H. FALLON
Publisher : Harvard University Press
ISBN 13 : 0674036670
Total Pages : 199 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Implementing the Constitution by : Richard H. FALLON

Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

A More Perfect Constitution

Author : Larry J. Sabato
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0802777562
Total Pages : 353 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis A More Perfect Constitution by : Larry J. Sabato

Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.

Why Law Matters

Author : Alon Harel
Publisher : Oxford University Press (UK)
ISBN 13 : 019964327X
Total Pages : 253 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Why Law Matters by : Alon Harel

Download or read book Why Law Matters written by Alon Harel and published by Oxford University Press (UK). This book was released on 2014-04 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

The Constitution Today

Author : Akhil Reed Amar
Publisher : Basic Books
ISBN 13 : 0465096344
Total Pages : 466 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Constitution Today by : Akhil Reed Amar

Download or read book The Constitution Today written by Akhil Reed Amar and published by Basic Books. This book was released on 2016-09-13 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.

Long Wars and the Constitution

Author : Stephen M. Griffin
Publisher : Harvard University Press
ISBN 13 : 0674074459
Total Pages : 375 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Long Wars and the Constitution by : Stephen M. Griffin

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

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.

Democracy and Constitutions

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
ISBN 13 : 1487507933
Total Pages : 220 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Democracy and Constitutions by : Allan C. Hutchinson

Download or read book Democracy and Constitutions written by Allan C. Hutchinson and published by University of Toronto Press. This book was released on 2021 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

The War That Forged a Nation

Author : James M. McPherson
Publisher : Oxford University Press
ISBN 13 : 0199375798
Total Pages : 232 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The War That Forged a Nation by : James M. McPherson

Download or read book The War That Forged a Nation written by James M. McPherson and published by Oxford University Press. This book was released on 2015-02-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 140 years ago, Mark Twain observed that the Civil War had "uprooted institutions that were centuries old, changed the politics of a people, transformed the social life of half the country, and wrought so profoundly upon the entire national character that the influence cannot be measured short of two or three generations." In fact, five generations have passed, and Americans are still trying to measure the influence of the immense fratricidal conflict that nearly tore the nation apart. In The War that Forged a Nation, Pulitzer Prize-winning historian James M. McPherson considers why the Civil War remains so deeply embedded in our national psyche and identity. The drama and tragedy of the war, from its scope and size--an estimated death toll of 750,000, far more than the rest of the country's wars combined--to the nearly mythical individuals involved--Abraham Lincoln, Robert E. Lee, Stonewall Jackson--help explain why the Civil War remains a topic of interest. But the legacy of the war extends far beyond historical interest or scholarly attention. Here, McPherson draws upon his work over the past fifty years to illuminate the war's continuing resonance across many dimensions of American life. Touching upon themes that include the war's causes and consequences; the naval war; slavery and its abolition; and Lincoln as commander in chief, McPherson ultimately proves the impossibility of understanding the issues of our own time unless we first understand their roots in the era of the Civil War. From racial inequality and conflict between the North and South to questions of state sovereignty or the role of government in social change--these issues, McPherson shows, are as salient and controversial today as they were in the 1860s. Thoughtful, provocative, and authoritative, The War that Forged a Nation looks anew at the reasons America's civil war has remained a subject of intense interest for the past century and a half, and affirms the enduring relevance of the conflict for America today.

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.

America's Unwritten Constitution

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar

Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

51 Imperfect Solutions

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.