Constitutional Mythologies

Constitutional Mythologies PDF Author: Alain Marciano
Publisher: Springer Science & Business Media
ISBN: 1441967842
Category : Political Science
Languages : en
Pages : 179

Get Book Here

Book Description
Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.

Constitutional Mythologies

Constitutional Mythologies PDF Author: Alain Marciano
Publisher: Springer Science & Business Media
ISBN: 1441967842
Category : Political Science
Languages : en
Pages : 179

Get Book Here

Book Description
Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.

Wrong and Dangerous

Wrong and Dangerous PDF Author: Garrett Epps
Publisher: Rowman & Littlefield
ISBN: 144221676X
Category : History
Languages : en
Pages : 229

Get Book Here

Book Description
In Wrong and Dangerous, legal scholar Garrett Epps tackles 10 of the most prevalent myths, providing in terms every citizen can understand a clear grasp of the Constitution and the government it established.

Constitutional Myths

Constitutional Myths PDF Author: Ray Raphael
Publisher: The New Press
ISBN: 1595588329
Category : History
Languages : en
Pages : 338

Get Book Here

Book Description
With the entry of the Tea Party onto the political scene, the U.S. Constitution has become a political battleground, with liberals and conservatives trading fire over its meaning and intent. Historian Raphael was struck by how much "both sides" got wrong, and he sorts out truth from fiction.

25 Myths of the United States Constitution

25 Myths of the United States Constitution PDF Author: Douglas V. Gibbs
Publisher:
ISBN: 9781494879563
Category : Political Science
Languages : en
Pages : 160

Get Book Here

Book Description
In the United States the Law of the Land is the U.S. Constitution. The Originalist viewpoint of the document is one that holds to its meaning at the time it was created. Over time, however, the original intent has been hijacked, twisted, and subverted by statist politicians, judges using case law as the basis for Constitutional Law, a progressive education system, and a media that is complicit in a real effort to render the Constitution meaningless in its original form. In a unique style of defense of originalism, Douglas V. Gibbs examines the myths that have emerged as a result of a leftist onslaught against this nation as it was founded, maintaining that the text of the Constitution should be adhered to in its original intent. The enforcers, and final arbiters, of the Constitution, however, is not the Supreme Court, but We The People.The author addresses the most common myths in a clear and instructive manner, while recognizing and responding to any possible objections.Does all federal law trump all State law? Are the three branches of government supposed to be co-equal? Can the courts legislate from the bench? How about executive orders? What was the true intent behind the Commerce Clause, and the General Welfare Clause? Is the separation of church and state in the Constitution? Where do our rights come from? Is the United States a democracy? What is the role of government regarding issues like social justice? What is the true definition of Natural Born Citizen? Is the Constitution a living document? What are implied powers, and are they constitutional? Does the President have to ask Congress before he can wage war? What would the founders think about Income Tax, and the Internal Revenue Service? Are the courts authorized to interpret the Constitution in the way they do?25 Myths of the United States Constitution is an important contribution to literature on originalism, and the perfect book for the average person to read to begin their journey in learning the Constitution.After reading this book, you will look at the Law of the Land, and the world of politics, with a renewed sense of confidence. Being informed, after all, is a large part of the duty we have as Americans in regards to our involvement as an effective electorate. And, being informed makes you less likely to be fooled by the crafty politiciansThe Constitution is only ink and paper if we don't defend it.

Constitutional Myths and Constitutional Illusions: About Heroic Past and Better Future

Constitutional Myths and Constitutional Illusions: About Heroic Past and Better Future PDF Author: Игорь Барциц
Publisher: Litres
ISBN: 5041800715
Category : Law
Languages : en
Pages : 62

Get Book Here

Book Description
This working paper provides insight into the essence, content and destiny of constitutional myths and illusions as «load-bearing elements» of constitutional order, government system and political regime. Special attention is paid to the analysis of individual constitutional myths and illusions, such as the doctrine of the sovereignty of the people, concept of social contract, nation-wide referendum, values of separation of powers, open government, etc., as well as examples of their embodiment in the Constitutions of Russia, China, the USA, France, Venezuela, Kazakhstan, Armenia, Ukraine, etc.

Tales of the Constituent Moment

Tales of the Constituent Moment PDF Author: Eren Paydaş
Publisher:
ISBN: 9783756005314
Category :
Languages : en
Pages : 0

Get Book Here

Book Description


The Mythology of American Politics

The Mythology of American Politics PDF Author: John T. Bookman
Publisher: Potomac Books, Inc.
ISBN: 1612343910
Category : History
Languages : en
Pages : 263

Get Book Here

Book Description
In this provocative set of essays, John Bookman delves beneath the transitory issues of the day to identify and respond to the fundamental, perennial questions of American politics. The questions concern the myths that shape the thinking of so many Americans about politics. These myths are the popular narratives that impart meaning to the American experience and define for many what it is to be an American. For the first time, readers have under one cover a sober, informed examination of these myths. Among the myths subjected to critical examination are the following: 1. The Framers of the Constitution were fundamentalist Christians. Americans at the time of the founding constituted a Christian nation. 2. The Framers were disinterested demigods who wrote a constitution for the ages. 3. James Madison intended separation of powers and checks and balances to protect the general citizenry against government. 4. Constitutional constraints on democratic majorities are necessary to prevent tyranny of the majority. 5. The United States is exceptional. It is more populist, egalitarian, religious, patriotic, and prosperous than other nations. 6. Americans are a chosen people marked out by God or history to carry out a world-historical mission. 7. The unfettered market uses resources more efficiently, better promotes growth, and confers more freedom than other ways of organizing the production and distribution of goods and services. In his examination of these myths, Bookman does not slight argument in favor of description and explanation. He does not neglect description and explanation, but he enlists them in the service of arguments, and those arguments reach conclusions sure to be controversial.

Constitutional Semiotics

Constitutional Semiotics PDF Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509931414
Category : Law
Languages : en
Pages : 361

Get Book Here

Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Constitutional Semiotics

Constitutional Semiotics PDF Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509931422
Category : Law
Languages : en
Pages : 368

Get Book Here

Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Myths and Legends of Ancient Greece and Rome

Myths and Legends of Ancient Greece and Rome PDF Author: E. M. Berens
Publisher: e-artnow
ISBN:
Category : Social Science
Languages : en
Pages : 245

Get Book Here

Book Description
"Myths and Legends of Ancient Greece and Rome " is a comprehensive mythology collection, presenting all the major and minor gods of Rome and Greece, with descriptions of festivals and retellings of major mythological stories. The author, thoroughly details each Greek and Roman god, goddess, hero, demi-god and creature and gives the reader a clear and succinct idea of the religious beliefs of the ancients. An exceptional book for those interested in Greek or Roman mythology.