The Law Politics And The Constitution

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The Cult of the Constitution

Author : Mary Anne Franks
Publisher : Stanford University Press
ISBN 13 : 1503609103
Total Pages : 310 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Cult of the Constitution by : Mary Anne Franks

Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Spacing Law and Politics

Author : Leif Dahlberg
Publisher : Routledge
ISBN 13 : 1317396545
Total Pages : 293 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Spacing Law and Politics by : Leif Dahlberg

Download or read book Spacing Law and Politics written by Leif Dahlberg and published by Routledge. This book was released on 2016-04-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.

The Law of Political Economy

Author : Poul F. Kjaer
Publisher : Cambridge University Press
ISBN 13 : 1108493114
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Law of Political Economy by : Poul F. Kjaer

Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

Constitutional Politics

Author : Sotirios A. Barber
Publisher : Princeton University Press
ISBN 13 : 9780691088693
Total Pages : 354 pages
Book Rating : 4.0/5 (886 download)

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Book Synopsis Constitutional Politics by : Sotirios A. Barber

Download or read book Constitutional Politics written by Sotirios A. Barber and published by Princeton University Press. This book was released on 2001-12-09 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

The Political Constitution

Author : Greg Weiner
Publisher : University Press of Kansas
ISBN 13 : 0700628371
Total Pages : 224 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Political Constitution by : Greg Weiner

Download or read book The Political Constitution written by Greg Weiner and published by University Press of Kansas. This book was released on 2019-08-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.

The Law of Politics

Author : Graeme Orr
Publisher : Routledge
ISBN 13 : 9781862878037
Total Pages : 292 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Law of Politics by : Graeme Orr

Download or read book The Law of Politics written by Graeme Orr and published by Routledge. This book was released on 2010 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels.It unearths the rules that apply to elections and referenda, campaigning and political broadcasting, and political parties and money. It explains them in their political context and, while it draws on some local government case law, its focus is parliamentary politics. The longest chapter of the book is devoted to the role of courts in overseeing elections, particularly the jurisdiction of petitioning or challenging election outcomes.Orr uses all five sources of electoral law, its development, expression and interpretation, in Australia: constitutions; courts and tribunals; legislation; parliamentary committees; and electoral commissions. He documents the extraordinary detail of the legislation (there has to be a pencil in each electoral booth!) and the array of obscure cases the law has given rise to. Supported under a grant from The Law Foundation of South Australia.

Hannah Arendt and the Law

Author : Marco Goldoni
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319319
Total Pages : 382 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Hannah Arendt and the Law by : Marco Goldoni

Download or read book Hannah Arendt and the Law written by Marco Goldoni and published by Bloomsbury Publishing. This book was released on 2012-04-20 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.

Original Meanings

Author : Jack N. Rakove
Publisher : Vintage
ISBN 13 : 0307434516
Total Pages : 465 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Original Meanings by : Jack N. Rakove

Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

United States Constitutional Law

Author : DANIEL A.. SIEGEL FARBER (NEIL S.)
Publisher : Foundation Press
ISBN 13 : 9781640208018
Total Pages : 507 pages
Book Rating : 4.2/5 (8 download)

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Book Synopsis United States Constitutional Law by : DANIEL A.. SIEGEL FARBER (NEIL S.)

Download or read book United States Constitutional Law written by DANIEL A.. SIEGEL FARBER (NEIL S.) and published by Foundation Press. This book was released on 2019-02-06 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine--and its relationship to constitutional politics--in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.

Taking Back the Constitution

Author : Mark Tushnet
Publisher : Yale University Press
ISBN 13 : 0300252900
Total Pages : 321 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 321 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.

Conservatives and the Constitution

Author : Ken I. Kersch
Publisher : Cambridge University Press
ISBN 13 : 0521193109
Total Pages : 431 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Conservatives and the Constitution by : Ken I. Kersch

Download or read book Conservatives and the Constitution written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

The Constitution Under Siege

Author : Christopher H. Pyle
Publisher :
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitution Under Siege by : Christopher H. Pyle

Download or read book The Constitution Under Siege written by Christopher H. Pyle and published by . This book was released on 2010 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Under Siege is a provocative teaching instrument that uses law, history, and politics to test what the law arguably "is" against assertions of what it "ought" to be. It examines the questionable impulses of presidents, members of Congress, the military, and intelligence agencies to bend or break the Constitution and the laws. In questioning the legitimacy of raw assertions of unaccountable power, the editors reject both the illustrative case approach of political scientists and precedent-driven approach of lawyers, supplementing key court cases with historically-rich essays, notes, and questions. These essays explain where our nation's "first principles" came from, and why they became imbedded, at least until recently, in our laws and institutions. Above all, these materials will prompt the reader to ask how, and by what authority, presidents, Congress, and even courts have come to allow the military and secret agencies to kidnap, torture, assassinate, or secretly detain citizens or aliens, and to use military and para-military force without running afoul of the Constitution and its Bill of Rights. "This superb book, written by two of the nation's most acute analysts of law and politics, provides readers with materials indispensable to an understanding of the many dubious assertions of governmental power, by both presidents and Congress, that have rocked the foundations of our republic. ... It is must reading for all those concerned about the future of constitutional government." -- David Gray Adler, James McClure Professor of Public Policy at the University of Idaho "The Constitution Under Siege offers unparalleled insights arising from the authors' singular mastery of documents, events, and law. From the Barbary pirates to Islamic terrorism, no single source more definitively instructs the reader as it interweaves American law and policy abroad. This is an indispensable book." -- Robert J. Spitzer, Distinguished Service Professor, SUNY, Cortland

Georgia's Constitution and Government, 10th Edition

Author : J. Benjamin Taylor
Publisher : University of Georgia Press
ISBN 13 : 082036746X
Total Pages : 114 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Georgia's Constitution and Government, 10th Edition by : J. Benjamin Taylor

Download or read book Georgia's Constitution and Government, 10th Edition written by J. Benjamin Taylor and published by University of Georgia Press. This book was released on 2024-09 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to - the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures - how the various state constitutions differ from each other, even as they all complement the U.S. Constitution - how constitutions in Georgia have been amended or replaced - Georgia’s governmental institutions at the state, county, and city levels - elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as: - the structure of Georgia’s court system - the number of constitutions each of the fifty states has had, the number of times each state’s constitution has - been amended, and the length of each state’s current constitution - various procedures used by the states to amend their constitutions - Georgia’s ten constitutions, with highlights of their major changes or features - the number of amendments voted on in Georgia from 1984 to 2012 - the executive branch officials elected by the public across states - the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen - the number and types of local governments in Georgia since 1952, including counties, municipalities, school districts, and special districts - the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy - rights and liberties, and how constitutions guarantee and protect them

Our Secret Constitution

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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Book Synopsis Our Secret Constitution by : George P. Fletcher

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

Politics and the Constitution in the History of the United States

Author : William W. Crosskey
Publisher : University of Chicago Press
ISBN 13 : 9780226121345
Total Pages : 722 pages
Book Rating : 4.1/5 (213 download)

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Book Synopsis Politics and the Constitution in the History of the United States by : William W. Crosskey

Download or read book Politics and the Constitution in the History of the United States written by William W. Crosskey and published by University of Chicago Press. This book was released on 1953 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.

Saying what the Law is

Author : Charles Fried
Publisher : Harvard University Press
ISBN 13 : 9780674019546
Total Pages : 340 pages
Book Rating : 4.0/5 (195 download)

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Book Synopsis Saying what the Law is by : Charles Fried

Download or read book Saying what the Law is written by Charles Fried and published by Harvard University Press. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.

The People’s Constitution

Author : John F. Kowal
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The People’s Constitution by : John F. Kowal

Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.