Author : LENOWITZ.
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2024-06-15
Category : Electronic
ISBN : 0191886807
RATIFICATION
LENOWITZ.
Constitutional Ratification Without Reason
Constitutional Ratification Without Reason Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutional Ratification Without Reason book. This book definitely worth reading, it is an incredibly well-written.
Constitutional Ratification without Reason
Jeffrey A. Lenowitz
Author : Jeffrey A. Lenowitz
Publisher : Oxford University Press
Page : 401 pages
File Size : 44,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9780192593481
Constitutional Ratification without Reason by Jeffrey A. Lenowitz Pdf
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Constitutional Ratification Without Reason
Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz
Author : Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz
Publisher : Oxford University Press
Page : 401 pages
File Size : 46,6 Mb
Release : 2022-03-10
Category : Constitutional law
ISBN : 9780198852346
Constitutional Ratification Without Reason by Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz Pdf
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Ratification
Pauline Maier
Author : Pauline Maier
Publisher : Simon and Schuster
Page : 608 pages
File Size : 49,7 Mb
Release : 2011-06-07
Category : History
ISBN : 9780684868554
Ratification by Pauline Maier Pdf
The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
The Federalist Papers
Alexander Hamilton,John Jay,James Madison
Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 44,7 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877
The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf
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.
A Consolidation of the Constitution Acts 1867 to 1982
Anonim
Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 50,7 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf
Original Meanings
Jack N. Rakove
Author : Jack N. Rakove
Publisher : Vintage
Page : 464 pages
File Size : 55,8 Mb
Release : 2010-04-21
Category : Political Science
ISBN : 9780307434517
Original Meanings by Jack N. Rakove Pdf
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.
The Twilight of Constitutionalism?
Petra Dobner,Martin Loughlin
Author : Petra Dobner,Martin Loughlin
Publisher : Oxford University Press
Page : 369 pages
File Size : 46,5 Mb
Release : 2010-02-11
Category : Law
ISBN : 9780199585007
The Twilight of Constitutionalism? by Petra Dobner,Martin Loughlin Pdf
The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --
51 Imperfect Solutions
Judge Jeffrey S. Sutton
Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
Page : 288 pages
File Size : 47,7 Mb
Release : 2018-05-07
Category : Electronic
ISBN : 9780190866068
51 Imperfect Solutions by Judge Jeffrey S. Sutton Pdf
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Original Intentions
Melvin Eustace Bradford
Author : Melvin Eustace Bradford
Publisher : Unknown
Page : 165 pages
File Size : 53,7 Mb
Release : 1993
Category : Law
ISBN : 0820315214
Original Intentions by Melvin Eustace Bradford Pdf
This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.
On Constitutional Disobedience
Louis Michael Seidman
Author : Louis Michael Seidman
Publisher : Oxford University Press
Page : 192 pages
File Size : 53,8 Mb
Release : 2013-01-02
Category : Political Science
ISBN : 9780199898282
On Constitutional Disobedience by Louis Michael Seidman Pdf
What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
A Theory of Militant Democracy
Alexander S. Kirshner
Author : Alexander S. Kirshner
Publisher : Yale University Press
Page : 221 pages
File Size : 51,8 Mb
Release : 2014-01-07
Category : Political Science
ISBN : 9780300188240
A Theory of Militant Democracy by Alexander S. Kirshner Pdf
How should pro-democratic forces safeguard representative government from anti-democratic forces? By granting rights of participation to groups that do not share democratic values, democracies may endanger the very rights they have granted; but denying these rights may also undermine democratic values. Alexander Kirshner offers a set of principles for determining when one may reasonably refuse rights of participation, and he defends this theory through real-world examples, ranging from the far-right British Nationalist Party to Turkey’s Islamist Welfare Party to America’s Democratic Party during Reconstruction.
Debates and Proceedings of the Constitutional Convention of the State of Illinois
Illinois
Author : Illinois
Publisher : Unknown
Page : 1080 pages
File Size : 47,9 Mb
Release : 1870
Category : Constitutional history
ISBN : UOMDLP:aew7758:0001.001
Debates and Proceedings of the Constitutional Convention of the State of Illinois by Illinois Pdf
The Documentary History of the Ratification of the Constitution: Ratification of the Constitution by the States: New York (3)
Merrill Jensen,John P. Kaminski,Gaspare J. Saladino
Author : Merrill Jensen,John P. Kaminski,Gaspare J. Saladino
Publisher : Unknown
Page : 520 pages
File Size : 53,5 Mb
Release : 2005
Category : Constitutional history
ISBN : UVA:X004994604
The Documentary History of the Ratification of the Constitution: Ratification of the Constitution by the States: New York (3) by Merrill Jensen,John P. Kaminski,Gaspare J. Saladino Pdf
This landmark work in historical and legal scholarship draws upon thousands of sources to trace the Constitution's progress through each of the thirteen states' conventions. -- Publisher.
Debates and Proceedings of the Constitutional Convention of the State of Illinois
Illinois. Constitutional Convention
Author : Illinois. Constitutional Convention
Publisher : Unknown
Page : 1096 pages
File Size : 55,6 Mb
Release : 1870
Category : Constitutional conventions
ISBN : STANFORD:36105064224582