The Upside Down Constitution

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The Upside-Down Constitution

Michael S. Greve
The Upside Down Constitution Book PDF

Author : Michael S. Greve
Publisher : Harvard University Press
Page : 0 pages
File Size : 55,9 Mb
Release : 2012-02-29
Category : Political Science
ISBN : 0674061918

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The Upside-Down Constitution by Michael S. Greve Pdf

Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.

Canada's Indigenous Constitution

John Borrows
Canada s Indigenous Constitution Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 45,8 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9781442610385

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Canada's Indigenous Constitution by John Borrows Pdf

With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.

The Annotated U.S. Constitution and Declaration of Independence

Jack N. Rakove
The Annotated U S Constitution and Declaration of Independence Book PDF

Author : Jack N. Rakove
Publisher : Harvard University Press
Page : 367 pages
File Size : 52,7 Mb
Release : 2012-10-22
Category : Political Science
ISBN : 9780674066229

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The Annotated U.S. Constitution and Declaration of Independence by Jack N. Rakove Pdf

Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787Ð88), in which ÒWe the PeopleÓ forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our Òpolitical scripturesÓ and have come to define us as a people. Now a Pulitzer PrizeÐwinning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.

Religious Freedom and the Constitution

Christopher L. Eisgruber,Lawrence G. Sager
Religious Freedom and the Constitution Book PDF

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 51,7 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674034457

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

The Evangelical Origins of the Living Constitution

John W. Compton
The Evangelical Origins of the Living Constitution Book PDF

Author : John W. Compton
Publisher : Harvard University Press
Page : 272 pages
File Size : 41,5 Mb
Release : 2014-03-10
Category : Political Science
ISBN : 9780674419889

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The Evangelical Origins of the Living Constitution by John W. Compton Pdf

John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.

Controlling the State

Scott GORDON,Scott Gordon
Controlling the State Book PDF

Author : Scott GORDON,Scott Gordon
Publisher : Harvard University Press
Page : 408 pages
File Size : 48,9 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674037830

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Controlling the State by Scott GORDON,Scott Gordon Pdf

This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.

The Fallacies of States' Rights

Sotirios A. Barber
The Fallacies of States Rights Book PDF

Author : Sotirios A. Barber
Publisher : Harvard University Press
Page : 256 pages
File Size : 46,6 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9780674067967

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The Fallacies of States' Rights by Sotirios A. Barber Pdf

Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.

Revolutionary Constitutions

Bruce Ackerman
Revolutionary Constitutions Book PDF

Author : Bruce Ackerman
Publisher : Harvard University Press
Page : 432 pages
File Size : 50,5 Mb
Release : 2019-05-13
Category : Political Science
ISBN : 9780674238848

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Revolutionary Constitutions by Bruce Ackerman Pdf

Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.

The World Turned Upside Down

Yang Jisheng
The World Turned Upside Down Book PDF

Author : Yang Jisheng
Publisher : Farrar, Straus and Giroux
Page : 768 pages
File Size : 42,6 Mb
Release : 2021-01-19
Category : History
ISBN : 9780374716912

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The World Turned Upside Down by Yang Jisheng Pdf

Yang Jisheng’s The World Turned Upside Down is the definitive history of the Cultural Revolution, in withering and heartbreaking detail. As a major political event and a crucial turning point in the history of the People’s Republic of China, the Great Proletarian Cultural Revolution (1966–1976) marked the zenith as well as the nadir of Mao Zedong’s ultra-leftist politics. Reacting in part to the Soviet Union’s "revisionism" that he regarded as a threat to the future of socialism, Mao mobilized the masses in a battle against what he called "bourgeois" forces within the Chinese Communist Party (CCP). This ten-year-long class struggle on a massive scale devastated traditional Chinese culture as well as the nation’s economy. Following his groundbreaking and award-winning history of the Great Famine, Tombstone, Yang Jisheng here presents the only history of the Cultural Revolution by an independent scholar based in mainland China, and makes a crucial contribution to understanding those years' lasting influence today. The World Turned Upside Down puts every political incident, major and minor, of those ten years under extraordinary and withering scrutiny, and arrives in English at a moment when contemporary Chinese governance is leaning once more toward a highly centralized power structure and Mao-style cult of personality.

The Politically Incorrect Guide to the Constitution

Kevin Gutzman
The Politically Incorrect Guide to the Constitution Book PDF

Author : Kevin Gutzman
Publisher : Simon and Schuster
Page : 258 pages
File Size : 52,9 Mb
Release : 2007-06-11
Category : History
ISBN : 9781596986183

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The Politically Incorrect Guide to the Constitution by Kevin Gutzman Pdf

The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide(tm) to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.

Presidential Constitutionalism in Perilous Times

Scott M. Matheson
Presidential Constitutionalism in Perilous Times Book PDF

Author : Scott M. Matheson
Publisher : Harvard University Press
Page : 260 pages
File Size : 45,5 Mb
Release : 2009-02-16
Category : Biography & Autobiography
ISBN : 067403161X

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Presidential Constitutionalism in Perilous Times by Scott M. Matheson Pdf

Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.

Public Policy and Local Governance

Peter Bogason
Public Policy and Local Governance Book PDF

Author : Peter Bogason
Publisher : Edward Elgar Publishing
Page : 216 pages
File Size : 55,9 Mb
Release : 2000
Category : Philosophy
ISBN : UOM:39015050287153

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Public Policy and Local Governance by Peter Bogason Pdf

Internationalization and demands for more democratic influence at the local level have undermined the traditional methods of policy analysis. This work offers an institutional analysis of the new networks in public governance. Takes a postmodern approach which recognizes fragmentation within institutional organizations, and offers an alternative bottom-up approach to the analysis of local governance. Discusses collective action at the local level and describes how it is linked to the public sector through the need for financial, expert, and legal resources. Bogason teaches public administration at Roskilde University, Denmark. Annotation copyrighted by Book News Inc., Portland, OR

Key Ideas in Law: The Rule of Law and the Separation of Powers

Jack Beatson
Key Ideas in Law The Rule of Law and the Separation of Powers Book PDF

Author : Jack Beatson
Publisher : Bloomsbury Publishing
Page : 193 pages
File Size : 50,7 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509938803

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Key Ideas in Law: The Rule of Law and the Separation of Powers by Jack Beatson Pdf

Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?

Crown, Church and Constitution

Jörg Neuheiser
Crown Church and Constitution Book PDF

Author : Jörg Neuheiser
Publisher : Berghahn Books
Page : 318 pages
File Size : 44,7 Mb
Release : 2016-05
Category : History
ISBN : 9781785331404

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Crown, Church and Constitution by Jörg Neuheiser Pdf

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.

The Original Meaning of the Fourteenth Amendment

Randy E. Barnett,Evan D. Bernick
The Original Meaning of the Fourteenth Amendment Book PDF

Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 47,6 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674257764

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The Original Meaning of the Fourteenth Amendment by Randy E. Barnett,Evan D. Bernick Pdf

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.