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Book Synopsis Constitutional Stupidities, Constitutional Tragedies by : William N. Eskridge
Download or read book Constitutional Stupidities, Constitutional Tragedies written by William N. Eskridge and published by NYU Press. This book was released on 1998-06 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the Constitution is the cornerstone of American government, some who are most familiar with the document find it lacking. This unique volume brings together many of the country's most esteemed constitutional commentators and challenges them to select the "stupidest" provision of the Constitution--then to surmise possible results if different interpretations were applied.
Book Synopsis Constitutional Stupidities, Constitutional Tragedies by : William N. Eskridge
Download or read book Constitutional Stupidities, Constitutional Tragedies written by William N. Eskridge and published by NYU Press. This book was released on 1998-06-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
Book Synopsis Securing Constitutional Democracy by : James E. Fleming
Download or read book Securing Constitutional Democracy written by James E. Fleming and published by University of Chicago Press. This book was released on 2006-10-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Book Synopsis The Limits of Constitutional Democracy by : Jeffrey K. Tulis
Download or read book The Limits of Constitutional Democracy written by Jeffrey K. Tulis and published by Princeton University Press. This book was released on 2010-11-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
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 here 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. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans 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.
Book Synopsis The Limits of Constitutional Democracy by : Jeffrey K. Tulis
Download or read book The Limits of Constitutional Democracy written by Jeffrey K. Tulis and published by Princeton University Press. This book was released on 2010-10-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
Book Synopsis The Migration of Constitutional Ideas by : Sujit Choudhry
Download or read book The Migration of Constitutional Ideas written by Sujit Choudhry and published by Cambridge University Press. This book was released on 2007-01-18 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
Book Synopsis Constitutional Cliffhangers by : Brian C. Kalt
Download or read book Constitutional Cliffhangers written by Brian C. Kalt and published by Yale University Press. This book was released on 2012-01-24 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.
Book Synopsis Comparative Constitutional Theory by : Gary Jacobsohn
Download or read book Comparative Constitutional Theory written by Gary Jacobsohn and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Download or read book Too Young to Run? written by John Seery and published by Penn State Press. This book was released on 2015-09-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections. In a historical chapter, he traces the way in which the age qualifications became incorporated in the Constitution in the first place. In a theoretical chapter, he analyzes the normative arguments for office eligibility as a democratic right and liberty. And in a political chapter, he ruminates about the real-world consequences of passing such an amendment and the prospects for its passage. Finally, in a postscript, he argues that younger citizens in particular ought to be exposed to this fundamental issue in civics.
Book Synopsis Constitutional Redemption by : J. M. Balkin
Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Book Synopsis Fidelity to Our Imperfect Constitution by : James E. Fleming
Download or read book Fidelity to Our Imperfect Constitution written by James E. Fleming and published by Oxford University Press. This book was released on 2015-07-17 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.
Book Synopsis The Revolution of 1800 by : James J. Horn
Download or read book The Revolution of 1800 written by James J. Horn and published by University of Virginia Press. This book was released on 2002-12-29 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: George W. Bush and Al Gore were by no means the first presidential hopefuls to find themselves embroiled in a hotly contested electoral impasse. Two hundred years earlier, Thomas Jefferson and John Adams endured arguably the most controversial and consequential election in American history. Focusing on the wide range of possible outcomes of the 1800-1801 melee, this collection of essays situates the American "Revolution of 1800" in a broad context of geo-political and racial developments in the Atlantic world as a whole. In essays written expressly for this volume, leading historians of the period examine the electoral, social, and political outcome of Jefferson's election in discussions strikingly relevant in the aftermath of the 2000 election. Contributors Joyce Appleby, University of California, Los AngelesMichael Bellesiles, Emory UniversityJeanne Boydston, University of WisconsinSeth Cotlar, Willamette UniversityGregory Evans Dowd, University of Notre DameLaurent Dubois, Michigan State UniversityDouglas R. Egerton, Le Moyne College, SyracuseJoanne Freeman, Yale UniversityJames E. Lewis Jr., independent scholar Robert M. S. McDonald, United States Military Academy, West PointJames Oakes, City University of New York Graduate CenterJeffrey Pasley, University of Missouri, ColumbiaJack N. Rakove, Stanford UniversityBethel Saler, Haverford CollegeJames Sidbury, University of TexasAlan Taylor, University of California, Davis
Book Synopsis Constitutional Self-Government by : Christopher L. EISGRUBER
Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] by : John R. Vile
Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2023-10-19 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.
Book Synopsis Yale Law Journal: Volume 122, Number 4 - January 2013 by : Yale Law Journal
Download or read book Yale Law Journal: Volume 122, Number 4 - January 2013 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-12-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the fourth of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: Article: Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second, by Darrell A.H. Miller Essay: Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?, by Matthew C. Stephenson Note: The Majoritarian Filibuster Note: Lawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms Comment: Unveiling Inequality: Burqa Bans and Nondiscrimination Jurisprudence at the European Court of Human Rights Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes and properly presented figures and graphics throughout.
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