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The Constitution Reconsidered
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Book Synopsis Recapturing the Constitution by : Stephen B. Presser
Download or read book Recapturing the Constitution written by Stephen B. Presser and published by . This book was released on 1994-10-06 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
Book Synopsis Reconsidering the Insular Cases by : Gerald L. Neuman
Download or read book Reconsidering the Insular Cases written by Gerald L. Neuman and published by Harvard University Press. This book was released on 2015-05-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Book Synopsis America's Counter-Revolution by : Sheldon Richman
Download or read book America's Counter-Revolution written by Sheldon Richman and published by . This book was released on 2016-04-06 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America's break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of "power, consequence, and grandeur." America's Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class. The Anti-Federalists were right: The pursuit of "national greatness" inevitably diminishes liberty and centralizes government. The U.S. Constitution did both, as Sheldon Richman demonstrates in this powerfully argued anarchist case against the blueprint for empire known as the U.S. Constitution. --Bill Kauffman, author, Forgotten Founder, Drunken Prophet: The Life of Luther Martin The libertarian movement has long suffered from a constitutional fetishism that embraces an ahistorical reverence for the U.S. Constitution. Far too many are unaware of the extent to which the framing and adoption of the Constitution was in fact a setback for the cause of liberty. Sheldon Richman, in a compilation of readable, well researched, and compelling essays, exposes the historical, theoretical, and strategic errors in the widespread reification of a purely political document. With no single correct interpretation, the Constitution has been predictably unable to halt the growth of the modern welfare-warfare American State. I urge all proponents of a free society to give his book their diligent attention. --Jeffrey Rogers Hummel, Professor, San Jose State University; author, Emancipating Slaves, Enslaving Free Men: A History of the American Civil War "No state or government can limit itself through a written constitution, no matter how fine the words or how noble the sentiments they express. It is one of the many virtues of Sheldon Richman's book that it shows how this is true even of the American Constitution, which despite the promises of its designers and the insistence of its defenders down the years, made limited government less and not more likely." --Chandran Kukathas, London School of Economics "Richman delivers an accessible, incisive, and well-grounded argument that the Constitution centralized power and undid some of the Revolution's liberating gains. He rebuts patriotic platitudes but avoids the crude contrarianism so common in libertarian revisionism written for popular consumption. He does not romanticize America's past or overstate his case. Radical and nuanced, deferential to freedom and historical truth, Richman rises above hagiography or demonization of either the Federalists or anti-Federalists to produce an unsurpassed libertarian exploration of the subject." - Anthony Gregory, Independent Institute "[A]fter reading this book, you will never think about the U.S. Constitution and America's founding the same way again. Sheldon Richman's revealing and remarkably well-argued narrative will permanently change your outlook. . . . Richman . . . [is] one of this country's most treasured thinkers and writers . . . . [H]e draws on the most contemporary and important scholarly research, while putting the evidence in prose that is accessible and compelling." - Jeffrey A. Tucker, Liberty.me and Foundation for Economic Education
Download or read book James Madison written by Lynne Cheney and published by Penguin. This book was released on 2014-05-06 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major new biography of the fourth president of the United States by New York Times bestselling author Lynne Cheney Lin-Manuel Miranda's play "Hamilton" has reignited interest in the founding fathers; it features James Madison among its vibrant cast of characters. This majestic new biography of James Madison explores the astonishing story of a man of vaunted modesty who audaciously changed the world. Among the Founding Fathers, Madison was a true genius of the early republic. Outwardly reserved, Madison was the intellectual driving force behind the Constitution and crucial to its ratification. His visionary political philosophy and rationale for the union of states—so eloquently presented in The Federalist papers—helped shape the country Americans live in today. Along with Thomas Jefferson, Madison would found the first political party in the country’s history—the Democratic Republicans. As Jefferson’s secretary of state, he managed the Louisiana Purchase, doubling the size of the United States. As president, Madison led the country in its first war under the Constitution, the War of 1812. Without precedent to guide him, he would demonstrate that a republic could defend its honor and independence—and remain a republic still.
Book Synopsis The Founding Fathers Reconsidered by : R. B. Bernstein
Download or read book The Founding Fathers Reconsidered written by R. B. Bernstein and published by Oxford University Press. This book was released on 2009-05-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen. In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its limits, men who strove to lead the new nation even as they had to defer to the great body of the people and learn with them the possibilities and limitations of politics. Bernstein deftly traces the dynamic forces that molded these men and their contemporaries as British colonists in North America and as intellectual citizens of the Atlantic civilization's Age of Enlightenment. He analyzes the American Revolution, the framing and adoption of state and federal constitutions, and the key concepts and problems--among them independence, federalism, equality, slavery, and the separation of church and state--that both shaped and circumscribed the founders' achievements as the United States sought its place in the world.
Book Synopsis The Sleeping Sovereign by : Richard Tuck
Download or read book The Sleeping Sovereign written by Richard Tuck and published by Cambridge University Press. This book was released on 2016-02-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.
Book Synopsis From Independence to the U.S. Constitution by : Douglas Bradburn
Download or read book From Independence to the U.S. Constitution written by Douglas Bradburn and published by University of Virginia Press. This book was released on 2022-03-31 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Critical Period" of American history—the years between the end of the American Revolution in 1783 and the ratification of the U.S. Constitution in 1789—was either the best of times or the worst of times. While some historians have celebrated the achievement of the Constitutional Convention, which, according to them, saved the Revolution, others have bemoaned that the Constitution’s framers destroyed the liberating tendencies of the Revolution, betrayed debtors, made a bargain with slavery, and handed the country over to the wealthy. This era—what John Fiske introduced in 1880 as America’s "Critical Period"—has rarely been separated from the U.S. Constitution and is therefore long overdue for a reevaluation on its own terms. How did the pre-Constitution, postindependence United States work? What were the possibilities, the tremendous opportunities for "future welfare or misery for mankind," in Fiske’s words, that were up for grabs in those years? The scholars in this volume pursue these questions in earnest, highlighting how the pivotal decade of the 1780s was critical or not, and for whom, in the newly independent United States. As the United States is experiencing another, ongoing crisis of governance, reexamining the various ways in which elites and common Americans alike imagined and constructed their new nation offers fresh insights into matters—from national identity and the place of slavery in a republic, to international commerce, to the very meaning of democracy—whose legacies reverberated through the nineteenth and twentieth centuries and into the present day. Contributors:Kevin Butterfield, Fred W. Smith National Library for the Study of George Washington at Mount Vernon * Hannah Farber, Columbia University * Johann N. Neem, Western Washington University * Dael A. Norwood, University of Delaware * Susan Gaunt Stearns, University of Mississippi * Nicholas P. Wood, Spring Hill College
Book Synopsis Reconsidering Judicial Finality by : Louis Fisher
Download or read book Reconsidering Judicial Finality written by Louis Fisher and published by University Press of Kansas. This book was released on 2023-07-21 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.
Book Synopsis The Constitution and the New Deal by : G. Edward White
Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2000-12-15 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Book Synopsis Ex Parte Milligan Reconsidered by : Stewart L. Winger
Download or read book Ex Parte Milligan Reconsidered written by Stewart L. Winger and published by University Press of Kansas. This book was released on 2020-04-16 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.
Book Synopsis Renewing the Search for a Monetary Constitution by : Lawrence H. White
Download or read book Renewing the Search for a Monetary Constitution written by Lawrence H. White and published by Cato Institute. This book was released on 2015-02-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 50 years ago, In Search of a Monetary Constitution, which focused on the need for constraints on the creation of money by the government, was published. Although overlooked at the time, the work's analysis has proven to be remarkably prescient. This new collection of essays, Renewing the Search for a Monetary Constitution: Reforming Government's Role in the Monetary System, commemorates the 50th anniversary of the first edition by revisiting and re-energizing the original intent. Since the publication of the original book, central banks have delivered neither sound money nor real growth; instead, chronic inflation and a series of booms and busts have prevailed. In this new collection, scholars call for monetary reform centered on the debate over creating constitutional provisions that empower government versus provisions that prohibit government interference with money. The aim of Renewing the Search for a Monetary Constitution is to revitalize public discussion of constitutional monetary reform. It's a must-read for anyone who wants to change the domination of our monetary system by the government.
Book Synopsis Constitution Cafe by : Christopher Phillips
Download or read book Constitution Cafe written by Christopher Phillips and published by W. W. Norton & Company. This book was released on 2011-08-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Jefferson proposed that we revise the Constitution every so often, not just to reflect the changing times but to revive and perpetuate our original revolutionary spirit. Could it be that the Constitution itself is part of the reason that our democracy is on life support, our government gone haywire? To find out, the author, originator of the Socrates Café dialogues, sets off on a cross-country junket to engage Americans of all stripes in an offbeat constitutional convention. Given the opportunity to rewrite the Constitution, a diverse bunch from Burning Man die hards to army veterans, Tea Party acolytes to Orange County slackers, weighs in with some really wild and worthwhile ideas about how our nation should be governed. With Jefferson as his iconoclastic and visionary guide, the author moderates these discussions and complements his participants' ideas by relating them to Jefferson's own experiences with governance and to his great expectations for our democracy. This book is an account of how we might draw from our rebellious past to incite meaningful change today; it is a map for inspiring Jeffersonian activism by tapping into our timely (and timeless) concerns about the need to give our country's democratic framework a makeover.
Book Synopsis The Veil of Participation by : Alexander Hudson
Download or read book The Veil of Participation written by Alexander Hudson and published by Cambridge University Press. This book was released on 2021-05-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.
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.
Book Synopsis The Constitution Besieged by : Howard Gillman
Download or read book The Constitution Besieged written by Howard Gillman and published by Duke University Press. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.
Book Synopsis Constitutional Myths by : Ray Raphael
Download or read book Constitutional Myths written by Ray Raphael and published by The New Press. This book was released on 2013-03-05 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans of late have taken to waving the Constitution in the air and proclaiming, "The founders were on MY side! See, it's all right here!" But these phantom constitutions bear little relation to the historical one. By entering the world of the Constitution's framers, and experiencing it one day after the next as they did, Ray Raphael helps us understand how and why they created the document they did. Casting aside preconceptions and commonly held beliefs, he asks provocative questions that get to the heart of the document and its purposes: Was the aim of the Constitution really to limit government? Why didn't the framers include a Bill of Rights? Did they hate taxes? Was James Madison actually the "Father of the Constitution," as proclaimed in our textbooks? Can we find the true meaning of the Constitution by reading The Federalist Papers or by revealing the framers' "original intent"? The answers to these questions are bound to surprise and enlighten. Before we can consider what the framers would do if they were alive today, we first need to see what they did during their own time, not in our terms, but theirs. Only then can we begin to resolve the sweeping question that affects us all: what does the Constitution, written at a different time, mean for us today? With this meticulously researched historical tour de force, Raphael sets the record straight—and sounds a vital call for a reasoned and evidence-driven debate about our founding document.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
