The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199752532
Release Date: 2010-05-19
Genre: Law

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Evangelical Origins of the Living Constitution

Author: John W. Compton
Publisher: Harvard University Press
ISBN: 9780674419889
Release Date: 2014-03-10
Genre: Political Science

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.

American Constitutional History A Brief Introduction

Author: Jack Fruchtman
Publisher: John Wiley & Sons
ISBN: 9781119141754
Release Date: 2016-03-21
Genre: Law

American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science. Presents readers with a brief and accessible introduction to more than two centuries of U.S. constitutional history Explores constitutional history chronologically, breaking U.S. history into five distinct periods Reveals the full sweep of constitutional changes through a focus on issues relating to economic developments, civil rights and civil liberties, and executive power Reflects the evolution of constitutional changes all the way up to the conclusion of the June 2015 Supreme Court term

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson III
Publisher: Oxford University Press
ISBN: 9780199930074
Release Date: 2012-03-09
Genre: Law

American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

Die politischen Werke

Author: Thomas Paine
Publisher:
ISBN: 3737209847
Release Date: 2015-01-21
Genre:

Thomas Paine, einer der Grundervater der Vereinigten Staaten von Amerika, hat eine Vielzahl von politischen Schriften verfasst. Sein Lebensmotto war: Die Welt ist mein Land und Gutes zu tun meine Religion.." Nach diesem Motto lebte er und verfasste seine Werke. Seine Schriften hatten grossen Einfluss auf das Denken seiner Zeitgenossen. Abraham Lincoln und Thomas Edison bekannten sich zu ihm. Paine verstand es, komplizierte Sachverhalte verstandlich darzustellen. Der hier vorliegende zweite Band seiner politischen Werke enthalt eine Vielzahl politischer Schreiben, Briefe und Aufsatze. Dieses Buch ist ein unveranderter Nachdruck der deutschsprachigen Originalausgabe von 1852

The Twilight of Human Rights Law

Author: Eric Posner
Publisher: Oxford University Press
ISBN: 9780199313464
Release Date: 2014-10-01
Genre: Political Science

Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

More Essential than Ever

Author: Stephen J. Schulhofer
Publisher: Oxford University Press
ISBN: 9780199752997
Release Date: 2012-07-09
Genre: Political Science

When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.

Congressional Record

Author:
Publisher:
ISBN: STANFORD:36105009865705
Release Date: 1988
Genre: Law

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Power Balance

Author: Ira H. Carmen
Publisher: Houghton Mifflin Harcourt P
ISBN: IND:30000128372418
Release Date: 1978-01-01
Genre: Caribbean Research Council


One Nation Indivisible

Author: Robert F. Hawes
Publisher: Fultus Corporation
ISBN: 9781596820913
Release Date: 2006
Genre: Political Science

Is secession legal under the United States Constitution? "One Nation, Indivisible?" takes a fresh look at this old question by evaluating the key arguments of such anti-secession men as Daniel Webster and Abraham Lincoln, in light of reason, historical fact, the language of the Constitution, and the words of America's Founding Fathers. Modern anti-secession arguments are also examined, as are the questions of why Americans are becoming interested in secession once again, whether secession can be avoided, and how an American state might peacefully secede from the Union.

This Is Not Civil Rights

Author: George I. Lovell
Publisher: University of Chicago Press
ISBN: 9780226494036
Release Date: 2012-10-01
Genre: History

Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement. Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.

Was Frankenstein Really Uncle Sam Vol Viii

Author: Richard J. Rolwing
Publisher: Xlibris Corporation
ISBN: 1462809901
Release Date: 2008-02-28
Genre: Political Science

This is one of eight volumes on the Declaration of Independence. These last four contain only about 25 extended essays each. Rolwing examines nearly all the major writers on our Basic Charter, most of whom repudiate it. He focuses on their manifold criticisms and rejections, reveals their multiple distortions and misunderstandings, rebukes their self-contradictions and inconsistencies, and pities their general theo-phobia. He argues that while America was Founded almost completely by Protestant Christians (the only two deists were not even deists), what was Founded was formally only a philosophical product, not a faith based or Christian one, although the philosophy had been more Catholic than Protestant. Rolwing makes a great deal of American history, law, ethics, politics, philosophy, and theology easily accessible to the average reader. Each 5 minute essay can give you a high for the whole day. Certainly the Declaration is worth many an hour explaining and defending it. Mr. Rolwing seeks to make the problems brought up about the document capable of being understood by both scholar and ordinary citizen.