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Author : Ken I. Kersch
Publisher : Cambridge University Press
Page : 431 pages
File Size : 54,5 Mb
Release : 2019-03-28
Category : History
ISBN : 9780521193108
Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Author : Erwin Chemerinsky
Publisher : Simon and Schuster
Page : 336 pages
File Size : 41,6 Mb
Release : 2010-09-28
Category : History
ISBN : 1451606354
Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
Author : Andrew Lansley,Richard Wilson
Publisher : Unknown
Page : 224 pages
File Size : 50,8 Mb
Release : 1997
Category : Conservatism
ISBN : 1900710153
Author : Peter Berkowitz
Publisher : Hoover Press
Page : 146 pages
File Size : 48,8 Mb
Release : 2013-09-01
Category : Political Science
ISBN : 9780817916060
Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke,The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform in light of them.
Author : Russell Kirk
Publisher : Unknown
Page : 328 pages
File Size : 47,9 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062290197
Rev. and expanded ed. of : The conservative constitution. c1990.
Author : Jörg Neuheiser
Publisher : Berghahn Books
Page : 318 pages
File Size : 47,6 Mb
Release : 2016-05
Category : History
ISBN : 9781785331404
Much scholarship on nineteenth-century English workers has been devoted to the radical reform politics that powerfully unsettled the social order in the century’s first decades. Comparatively neglected have been the impetuous patriotism, royalism, and xenophobic anti-Catholicism that countless men and women demonstrated in the early Victorian period. This much-needed study of the era’s “conservatism from below” explores the role of religion in everyday culture and the Tories’ successful mobilization across class boundaries. Long before they were able to vote, large swathes of the lower classes embraced Britain’s monarchical, religious, and legal institutions in the defense of traditional English culture.
Author : Tim Bale,Cristóbal Rovira Kaltwasser
Publisher : Cambridge University Press
Page : 371 pages
File Size : 46,5 Mb
Release : 2021-08-26
Category : Political Science
ISBN : 9781316518762
Cutting-edge comparative analysis of the challenges posed by the populist radical right to Western Europe's Conservative, Liberal and Christian Democratic parties.
Author : George F. Will
Publisher : Hachette Books
Page : 640 pages
File Size : 53,6 Mb
Release : 2019-06-04
Category : Political Science
ISBN : 9780316480918
The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.
Author : Erwin Chemerinsky
Publisher : Macmillan + ORM
Page : 200 pages
File Size : 54,7 Mb
Release : 2018-11-13
Category : Law
ISBN : 9781250165992
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Author : David Schneiderman
Publisher : University of Toronto Press
Page : 325 pages
File Size : 47,5 Mb
Release : 2015-01-01
Category : History
ISBN : 9781442629486
Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper's Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 889 pages
File Size : 45,7 Mb
Release : 2014-01-06
Category : Law
ISBN : 9780674727809
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 43,7 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Author : Nathan Nurgitz,Hugh Segal
Publisher : Deneau Publishers
Page : 136 pages
File Size : 46,7 Mb
Release : 1983
Category : Canada
ISBN : 0888790813
Author : Michael A. Ventrella
Publisher : Unknown
Page : 162 pages
File Size : 44,8 Mb
Release : 2019-08-29
Category : Humor
ISBN : 1515423972
Lawyer Michael A. Ventrella argues to try to improve things. In this accessible, snarky book of Constitutional history and opinion, he draws on his experience working on political campaigns and teaching law to explain what the Constitution says and means, and how it can be improved. Illustrated by Pulitzer Prize-winner Darrin Bell.
Author : Peter Berkowitz
Publisher : Hoover Press
Page : 144 pages
File Size : 50,7 Mb
Release : 2013-02-12
Category : Law
ISBN : 9780817916046
Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke, The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform in light of them.
