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The Heart of the Constitution by Gerard N. Magliocca Pdf
"This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten amendments the Bill of Rights. When they did after 1900, the Bill of Rights was usually invoked to increase rather than limit federal authority"--
The Heart of the Constitution by Gerard Magliocca Pdf
This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten constitutional amendments drafted by James Madison in 1789 and ratified by the states in 1791 the Bill of Rights. Even more surprising, when people finally started doing so between the Spanish-American War and World War II, the Bill of Rights was usually invoked to justify increasing rather than restricting the authority of the federal government. President Franklin D. Roosevelt played a key role in that development, first by using the Bill of Rights to justify the expansion of national regulation under the New Deal, and then by transforming the Bill of Rights into a patriotic rallying cry against Nazi Germany. It was only after the Cold War began that the Bill of Rights took on its modern form as the most powerful symbol of the limits on government power. These are just some of the revelations about the Bill of Rights in Gerard Magliocca's The Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change? The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.
Author : Patrick Macklem Publisher : University of Toronto Press Page : 348 pages File Size : 41,5 Mb Release : 2001-01-01 Category : Law ISBN : 0802080499
Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
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.
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.
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 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.
The Anti-Oligarchy Constitution by Joseph Fishkin,William E. Forbath Pdf
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
The Constitution of Knowledge by Jonathan Rauch Pdf
Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
The Constitution as Social Design by Gretchen Ritter Pdf
This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by womens rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.
Restoring the Lost Constitution by Randy E. Barnett Pdf
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
The Royal Prerogative and Constitutional Law by Noel Cox Pdf
This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.
