Our Undemocratic Constitution

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Our Undemocratic Constitution

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 260 pages
File Size : 41,7 Mb
Release : 2008
Category : Law
ISBN : 9780195365573

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Our Undemocratic Constitution by Sanford Levinson Pdf

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Our Undemocratic Constitution

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 260 pages
File Size : 46,9 Mb
Release : 2006-09-28
Category : Law
ISBN : 9780195345612

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Our Undemocratic Constitution by Sanford Levinson Pdf

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Our Undemocratic Constitution

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 248 pages
File Size : 49,7 Mb
Release : 2006-09-28
Category : Political Science
ISBN : 9780199885718

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Our Undemocratic Constitution by Sanford Levinson Pdf

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

How Democratic Is the American Constitution?

Author : Robert A. Dahl
Publisher : Yale University Press
Page : 235 pages
File Size : 48,8 Mb
Release : 2003-11-10
Category : Law
ISBN : 9780300133721

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How Democratic Is the American Constitution? by Robert A. Dahl Pdf

In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.

Constitutional Faith

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 276 pages
File Size : 40,8 Mb
Release : 2011-09-11
Category : History
ISBN : 9780691152400

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Constitutional Faith by Sanford Levinson Pdf

"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Democracy and Constitutions

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 52,5 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Undemocratic

Author : Jay Sekulow
Publisher : Simon and Schuster
Page : 336 pages
File Size : 42,9 Mb
Release : 2015-05-19
Category : Religion
ISBN : 9781476795683

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Undemocratic by Jay Sekulow Pdf

Jay Sekulow—one of America’s most influential attorneys—explores a post Obama landscape where bureaucracy has taken over our government and provides a practical roadmap to help take back our personal liberties. Jay Sekulow is on a mission to defend Americans’ freedom. The fact is that freedom is under attack like never before. The threat comes from the fourth branch of government—the biggest branch—and the only branch not in the Constitution: the federal bureaucracy. The bureaucracy imposes thousands of new laws every year, without a single vote from Congress. The bureaucracy violates the rights of Americans without accountability—persecuting adoptive parents, denying veterans quality healthcare, discriminating against conservatives and Christians for partisan purposes, and damaging our economy with job-killing rules. Americans are bullied by the very institutions established to protect their right to life, liberty, and the pursuit of happiness. Our nation’s bureaucrats are on an undemocratic power trip. But Sekulow has a plan to fight back. We can resist illegal abuse, we can reform a broken system, and we can restore American democracy. This book won’t just tell you how to win, it will show you real victories achieved by Sekulow and the American Center for Law and Justice. Unless we can roll back the fourth branch of govern­ment—the most dangerous branch—our elections will no longer matter. Undemocratic is a wake-up call, a call made at just the right time—before it’s too late to save the democracy we love.

Democracy and Dysfunction

Author : Sanford Levinson,Jack M. Balkin
Publisher : University of Chicago Press
Page : 226 pages
File Size : 44,6 Mb
Release : 2019-04-16
Category : Political Science
ISBN : 9780226612041

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Democracy and Dysfunction by Sanford Levinson,Jack M. Balkin Pdf

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Framed

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 448 pages
File Size : 44,6 Mb
Release : 2012-04-03
Category : History
ISBN : 9780199890750

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Framed by Sanford Levinson Pdf

In this book the author examines the U.S. Constitution, as well as state constitutions, and questions the capacity of these documents to meet contemporary challenges.

Fault Lines in the Constitution

Author : Cynthia Levinson,Sanford Levinson
Publisher : Peachtree Publishers
Page : 239 pages
File Size : 46,6 Mb
Release : 2017-09-01
Category : Juvenile Nonfiction
ISBN : 9781682630242

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Fault Lines in the Constitution by Cynthia Levinson,Sanford Levinson Pdf

Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.

The Charter Revolution and the Court Party

Author : F.L. Morton,Rainer Knopff
Publisher : Peterborough, Ont. : Broadview Press
Page : 232 pages
File Size : 54,9 Mb
Release : 2000-04
Category : History
ISBN : UOM:39015049735155

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The Charter Revolution and the Court Party by F.L. Morton,Rainer Knopff Pdf

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

Framed

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 448 pages
File Size : 41,9 Mb
Release : 2012-04-03
Category : Law
ISBN : 9780199930876

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Framed by Sanford Levinson Pdf

In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.

Freedom's Law

Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 49,9 Mb
Release : 1999
Category : Law
ISBN : 9780198265573

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Freedom's Law by Ronald Dworkin Pdf

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

In Defense of the United States Constitution

Author : Robert S. Singh
Publisher : Routledge
Page : 206 pages
File Size : 53,9 Mb
Release : 2018-09-03
Category : Political Science
ISBN : 9781351117685

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In Defense of the United States Constitution by Robert S. Singh Pdf

Constitutional reform is a topic of perennial academic debate, perhaps now more than ever amid sharp polarization in the electorate and government. At once a cogent, new contribution to the scholarly literature and appropriate for American politics and government students, this book mounts a provocative, nonideological defense of the US Constitution, directly engaging proposals for reform and providing a rare systematic argument for continuity: Our politics may be broken but our system is not. Writing from an international perspective with an array of fascinating data, the author draws on theory, law, and history to defend the republican order under political stress and intellectual challenge.

Active Liberty

Author : Stephen Breyer
Publisher : Vintage
Page : 176 pages
File Size : 43,9 Mb
Release : 2007-12-18
Category : Political Science
ISBN : 9780307424617

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Active Liberty by Stephen Breyer Pdf

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.