The Cult Of The Constitution

Author : Mary Anne Franks
Publisher : Stanford University Press
Page : 310 pages
File Size : 48,6 Mb
Release : 2019-05-14
Category : Political Science
ISBN : 9781503609105

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The Cult of the Constitution by Mary Anne Franks Pdf

“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.

Author : Mary Anne Franks
Publisher : Unknown
Page : 272 pages
File Size : 41,6 Mb
Release : 2020-09-08
Category : Law
ISBN : 1503614980

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The Cult of the Constitution by Mary Anne Franks Pdf

In this controversial and 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. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution 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.

Author : Mary Anne Franks
Publisher : Unknown
Page : 272 pages
File Size : 43,9 Mb
Release : 2019
Category : Law
ISBN : 1503603229

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The Cult of the Constitution by Mary Anne Franks Pdf

In this controversial and 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. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution 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.

Author : Michael G. Kammen
Publisher : Transaction Publishers
Page : 582 pages
File Size : 41,8 Mb
Release : 2024-06-25
Category : Electronic
ISBN : 9781412827768

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Machine That Would Go of Itself by Michael G. Kammen Pdf

Author : Gene Healy
Publisher : Cato Institute
Page : 402 pages
File Size : 52,8 Mb
Release : 2009
Category : Biography & Autobiography
ISBN : 9781933995199

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The Cult of the Presidency by Gene Healy Pdf

Intro -- Table of Contents -- Acknowledgements -- Introduction -- 1. Our Chief Magistrate and His Powers -- 2. "Progress" and the Presidency -- 3. The Age of the Heroic Presidency -- 4. Hero Takes a Fall -- 5. Superman Returns -- 6. War President -- 7. Omnipotence and Impotence -- 8. Why the Worst Get on Top ... and Get Worse -- 9. Toward Normalcy -- Afterword: Our Continuing Cult of the Presidency -- Notes -- About the Author -- Cato Institute

Author : Dr Fernando Mendez,Dr Jonathan Wheatley
Publisher : Ashgate Publishing, Ltd.
Page : 258 pages
File Size : 47,8 Mb
Release : 2013-09-28
Category : Political Science
ISBN : 9781472407757

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Patterns of Constitutional Design by Dr Fernando Mendez,Dr Jonathan Wheatley Pdf

To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 49,8 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

Author : Fredrik deBoer
Publisher : All Points Books
Page : 272 pages
File Size : 50,7 Mb
Release : 2020-08-04
Category : Education
ISBN : 9781250200389

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The Cult of Smart by Fredrik deBoer Pdf

Named one of Vulture’s Top 10 Best Books of 2020! Leftist firebrand Fredrik deBoer exposes the lie at the heart of our educational system and demands top-to-bottom reform. Everyone agrees that education is the key to creating a more just and equal world, and that our schools are broken and failing. Proposed reforms variously target incompetent teachers, corrupt union practices, or outdated curricula, but no one acknowledges a scientifically-proven fact that we all understand intuitively: Academic potential varies between individuals, and cannot be dramatically improved. In The Cult of Smart, educator and outspoken leftist Fredrik deBoer exposes this omission as the central flaw of our entire society, which has created and perpetuated an unjust class structure based on intellectual ability. Since cognitive talent varies from person to person, our education system can never create equal opportunity for all. Instead, it teaches our children that hierarchy and competition are natural, and that human value should be based on intelligence. These ideas are counter to everything that the left believes, but until they acknowledge the existence of individual cognitive differences, progressives remain complicit in keeping the status quo in place. This passionate, voice-driven manifesto demands that we embrace a new goal for education: equality of outcomes. We must create a world that has a place for everyone, not just the academically talented. But we’ll never achieve this dream until the Cult of Smart is destroyed.

Author : John O. McGinnis,Michael B. Rappaport
Publisher : Harvard University Press
Page : 309 pages
File Size : 49,7 Mb
Release : 2013-11-01
Category : Law
ISBN : 9780674726260

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Originalism and the Good Constitution by John O. McGinnis,Michael B. Rappaport Pdf

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

Author : Clinton Rossiter
Publisher : New York : Harcourt, Brace & World
Page : 392 pages
File Size : 42,5 Mb
Release : 1964
Category : Constitutional history
ISBN : UCAL:B4393756

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Alexander Hamilton and the Constitution by Clinton Rossiter Pdf

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 44,6 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781800372726

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Authoritarianism by Günter Frankenberg Pdf

In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies.

Author : Mike Lofgren
Publisher : Penguin
Page : 320 pages
File Size : 45,7 Mb
Release : 2016-01-05
Category : Political Science
ISBN : 9780698186927

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The Deep State by Mike Lofgren Pdf

The New York Times bestselling author of The Party Is Over delivers a no-holds-barred exposé of who really wields power in Washington Every Four years, tempers are tested and marriages fray as Americans head to the polls to cast their votes. But does anyone really care what we think? Has our vaunted political system become one big, expensive, painfully scriped reality TV show? In this cringe-inducing expose of the sins and excesses of Beltwayland, a longtime Republican party insider argues that we have become an oligarchy in form if not in name. Hooked on war, genuflecting to big donors, in thrall to discredited economic theories and utterly bereft of a moral compass, America’s governing classes are selling their souls to entrenched interest while our bridges collapse, wages, stagnate, and our water is increasingly undrinkable. Drawing on sinsights gleaned over three decades on Capitol Hill, much of it on the Budget Committee, Lofgren paints a gripping portrait of the dismal swamp on the Potomac and the revolution it will take to reclaim our government and set us back on course.

Author : Christopher Phillips
Publisher : W. W. Norton
Page : 0 pages
File Size : 50,7 Mb
Release : 2012-07
Category : Political Science
ISBN : 0393342263

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Constitution Cafe by Christopher Phillips Pdf

"A provocative extension of Jefferson's original plan."--Kirkus Reviews

Author : Dan Edelstein
Publisher : University of Chicago Press
Page : 351 pages
File Size : 52,7 Mb
Release : 2009-10-15
Category : Literary Criticism
ISBN : 9780226184401

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The Terror of Natural Right by Dan Edelstein Pdf

Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,8 Mb
Release : 1970
Category : Electronic
ISBN : OCLC:987221761

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The CIA and the cult of intelligence by Anonim Pdf