Defending Congress And The Constitution

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Defending Congress and the Constitution

Author : Louis Fisher
Publisher : University Press of Kansas
ISBN 13 : 070061799X
Total Pages : 376 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Defending Congress and the Constitution by : Louis Fisher

Download or read book Defending Congress and the Constitution written by Louis Fisher and published by University Press of Kansas. This book was released on 2011-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.

Defending Congress and the Constitution

Author : Louis Fisher
Publisher :
ISBN 13 : 9780700617982
Total Pages : 0 pages
Book Rating : 4.6/5 (179 download)

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Book Synopsis Defending Congress and the Constitution by : Louis Fisher

Download or read book Defending Congress and the Constitution written by Louis Fisher and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation's most important and prolific constitutional scholar presents an articulate, passionate, and persuasive defense of Congress as an institution. The culmination of four decades of research and service, this book provides a lucid primer on our nation's government while advocating a robust reassertion of Congress's rightful role.

Congress

Author : Louis Fisher
Publisher : University Press of Kansas
ISBN 13 : 070062211X
Total Pages : 208 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Congress by : Louis Fisher

Download or read book Congress written by Louis Fisher and published by University Press of Kansas. This book was released on 2016-02-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights—and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty. After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post–World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic. In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.

In Defense of the United States Constitution

Author : Robert S. Singh
Publisher : Routledge
ISBN 13 : 1351117688
Total Pages : 343 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis In Defense of the United States Constitution by : Robert S. Singh

Download or read book In Defense of the United States Constitution written by Robert S. Singh and published by Routledge. This book was released on 2018-09-13 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional reform is a topic of perennial academic debate, perhaps now more than ever amid sharp polarization in the electorate and government. At once a cogent, new contribution to the scholarly literature and appropriate for American politics and government students, this book mounts a provocative, nonideological defense of the US Constitution, directly engaging proposals for reform and providing a rare systematic argument for continuity: Our politics may be broken but our system is not. Writing from an international perspective with an array of fascinating data, the author draws on theory, law, and history to defend the republican order under political stress and intellectual challenge.

Defending the Republic

Author : Bruce Frohnen
Publisher : CUA Press
ISBN 13 : 1949822249
Total Pages : 394 pages
Book Rating : 4.9/5 (498 download)

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Book Synopsis Defending the Republic by : Bruce Frohnen

Download or read book Defending the Republic written by Bruce Frohnen and published by CUA Press. This book was released on 2022-10-07 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Against the Force Bill

Author : John C. Calhoun
Publisher : Good Press
ISBN 13 :
Total Pages : 63 pages
Book Rating : 4.4/5 (64 download)

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Book Synopsis Against the Force Bill by : John C. Calhoun

Download or read book Against the Force Bill written by John C. Calhoun and published by Good Press. This book was released on 2020-12-08 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Against the Force Bill" is a speech by John C. Calhoun, an American politician and political theorist, in which he strongly endorsed nullification of the Force Bill which empowered the President of the United States to use military force to ensure state compliance with federal law. Passed by Congress during the Nullification Crisis, at the urging of President Andrew Jackson, the Force Bill was designed to compel the state of South Carolina's compliance with a series of federal tariffs. The bill was opposed by John C. Calhoun and he managed to cancel it.

In Defense of the Text

Author : Leslie Friedman Goldstein
Publisher : Rowman & Littlefield
ISBN 13 : 9780847676996
Total Pages : 248 pages
Book Rating : 4.6/5 (769 download)

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Book Synopsis In Defense of the Text by : Leslie Friedman Goldstein

Download or read book In Defense of the Text written by Leslie Friedman Goldstein and published by Rowman & Littlefield. This book was released on 1991 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: '...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM

Against All Enemies

Author : Richard A. Clarke
Publisher : Simon and Schuster
ISBN 13 : 184737588X
Total Pages : 320 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Against All Enemies by : Richard A. Clarke

Download or read book Against All Enemies written by Richard A. Clarke and published by Simon and Schuster. This book was released on 2008-12-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Clarke has been one of America's foremost experts on counterterrorism measures for more than two decades. He has served under four presidents from both parties, beginning in Ronald Reagan's State Department becoming America's first Counter-terrorism Czar under Bill Clinton and remaining for the first two years of George W. Bush's administration. He has seen every piece of intelligence on Al-Qaeda from the beginning; he was in the Situation Room on September 11th and he knows exactly what has taken place under the United State's new Department of Homeland Security. Through gripping, thriller-like scenes, he tells the full story for the first time and explains what the Bush Administration are doing.

New Federalist Papers

Author : Alan Brinkley
Publisher : W. W. Norton & Company
ISBN 13 : 9780393046199
Total Pages : 200 pages
Book Rating : 4.0/5 (461 download)

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Book Synopsis New Federalist Papers by : Alan Brinkley

Download or read book New Federalist Papers written by Alan Brinkley and published by W. W. Norton & Company. This book was released on 1997 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Federalist Papers" were written in 1787 by three of America's founding fathers, Alexander Hamilton, James Madison and John Jay. In this book, three constitutional experts address the threats posed by current challenges to the American constitution.

Support and Defend

Author : Matthew J. Franck
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (387 download)

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Book Synopsis Support and Defend by : Matthew J. Franck

Download or read book Support and Defend written by Matthew J. Franck and published by . This book was released on 1998 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Perfecting the Constitution

Author : Darren Patrick Guerra
Publisher : Lexington Books
ISBN 13 : 0739183869
Total Pages : 253 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Perfecting the Constitution by : Darren Patrick Guerra

Download or read book Perfecting the Constitution written by Darren Patrick Guerra and published by Lexington Books. This book was released on 2013-06-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

How to Save a Constitutional Democracy

Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Security and Constitutional Rights

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Security and Constitutional Rights by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights

Download or read book Security and Constitutional Rights written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1960 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Broken Constitution

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720878
Total Pages : 236 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis The Broken Constitution by : Noah Feldman

Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

The Heritage Guide to the Constitution

Author : David F. Forte
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Constitution and National Security

Author : Howard E. Shuman
Publisher : The Minerva Group, Inc.
ISBN 13 : 9780898759204
Total Pages : 396 pages
Book Rating : 4.7/5 (592 download)

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Book Synopsis The Constitution and National Security by : Howard E. Shuman

Download or read book The Constitution and National Security written by Howard E. Shuman and published by The Minerva Group, Inc.. This book was released on 2002-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University