Author: Ray Raphael
Publisher: The New Press
ISBN: 1595588388
Category : History
Languages : en
Pages : 276
Book Description
Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.
Constitutional Myths
Author: Ray Raphael
Publisher: The New Press
ISBN: 1595588388
Category : History
Languages : en
Pages : 276
Book Description
Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.
Publisher: The New Press
ISBN: 1595588388
Category : History
Languages : en
Pages : 276
Book Description
Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.
Wrong and Dangerous
Author: Garrett Epps
Publisher: Rowman & Littlefield Publishers
ISBN: 1442216786
Category : Political Science
Languages : en
Pages : 229
Book Description
The primary purpose of the United States Constitution is to limit Congress. There is no separation of church and state. The Second Amendment allows citizens to threaten the government. These are just a few of the myths about our constitution peddled by the Far Right—a toxic coalition of Fox News talking heads, radio hosts, angry “patriot” groups, and power-hungry Tea Party politicians. Well-funded, loud, and unscrupulous, they are trying to do to America’s founding document what they have done to global warming and evolution—wipe out the facts and substitute partisan myth. In the process, they seek to cripple the right of We the People to govern ourselves. In Wrong and Dangerous, legal scholar Garrett Epps provides the tools needed to fight back against the flood of constitutional nonsense. In terms every citizen can understand, he tackles ten of the most prevalent myths, providing a clear grasp of the Constitution and the government it established.
Publisher: Rowman & Littlefield Publishers
ISBN: 1442216786
Category : Political Science
Languages : en
Pages : 229
Book Description
The primary purpose of the United States Constitution is to limit Congress. There is no separation of church and state. The Second Amendment allows citizens to threaten the government. These are just a few of the myths about our constitution peddled by the Far Right—a toxic coalition of Fox News talking heads, radio hosts, angry “patriot” groups, and power-hungry Tea Party politicians. Well-funded, loud, and unscrupulous, they are trying to do to America’s founding document what they have done to global warming and evolution—wipe out the facts and substitute partisan myth. In the process, they seek to cripple the right of We the People to govern ourselves. In Wrong and Dangerous, legal scholar Garrett Epps provides the tools needed to fight back against the flood of constitutional nonsense. In terms every citizen can understand, he tackles ten of the most prevalent myths, providing a clear grasp of the Constitution and the government it established.
Constitutional Myths
Author: Ray Raphael
Publisher: The New Press
ISBN: 1595588329
Category : History
Languages : en
Pages : 338
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.
Publisher: The New Press
ISBN: 1595588329
Category : History
Languages : en
Pages : 338
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.
Constitutional Rights
Author: Christopher E. Smith
Publisher: Wadsworth Publishing Company
ISBN: 9780534639655
Category : Civil rights
Languages : en
Pages : 0
Book Description
The aim of this book is to help people understand the details of the legal protections purportedly provided for them by the Bill of Rights. [The book is] to be used in a wide range of criminal justice and political science course, including introduction to criminal justice, introduction to political science, constitutional law, introduction to legal issues, philosophy of law, sociology of law, and those courses in which legal concepts are discussed.-Pref.
Publisher: Wadsworth Publishing Company
ISBN: 9780534639655
Category : Civil rights
Languages : en
Pages : 0
Book Description
The aim of this book is to help people understand the details of the legal protections purportedly provided for them by the Bill of Rights. [The book is] to be used in a wide range of criminal justice and political science course, including introduction to criminal justice, introduction to political science, constitutional law, introduction to legal issues, philosophy of law, sociology of law, and those courses in which legal concepts are discussed.-Pref.
Supreme Myths
Author: Eric J. Segall
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 281
Book Description
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 281
Book Description
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Constitutional Mythologies
Author: Alain Marciano
Publisher: Springer Science & Business Media
ISBN: 1441967842
Category : Political Science
Languages : en
Pages : 179
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.
Publisher: Springer Science & Business Media
ISBN: 1441967842
Category : Political Science
Languages : en
Pages : 179
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.
The Founding Myth
Author: Andrew L. Seidel
Publisher: Sterling
ISBN: 9781454943914
Category : History
Languages : en
Pages : 368
Book Description
Was America founded on Judeo-Christian principles? Are the Ten Commandments the basis for American law? In the paperback edition of this critically acclaimed book, a constitutional attorney settles the debate about religion's role in America's founding. In today's contentious political climate, understanding religion's role in American government is more important than ever. Christian nationalists assert that our nation was founded on Judeo-Christian principles, and advocate an agenda based on this popular historical claim. But is this belief true? The Founding Myth answers the question once and for all. Andrew L. Seidel builds his case by comparing the Ten Commandments to the Constitution and contrasting biblical doctrine with America's founding philosophy, showing that the Declaration of Independence contradicts the Bible. Thoroughly researched, this persuasively argued and fascinating book proves that America was not built on the Bible and that Christian nationalism is un-American. Includes a new epilogue reflecting on the role Christian nationalism played in fomenting the January 6, 2021, insurrection in DC and the warnings the nation missed.
Publisher: Sterling
ISBN: 9781454943914
Category : History
Languages : en
Pages : 368
Book Description
Was America founded on Judeo-Christian principles? Are the Ten Commandments the basis for American law? In the paperback edition of this critically acclaimed book, a constitutional attorney settles the debate about religion's role in America's founding. In today's contentious political climate, understanding religion's role in American government is more important than ever. Christian nationalists assert that our nation was founded on Judeo-Christian principles, and advocate an agenda based on this popular historical claim. But is this belief true? The Founding Myth answers the question once and for all. Andrew L. Seidel builds his case by comparing the Ten Commandments to the Constitution and contrasting biblical doctrine with America's founding philosophy, showing that the Declaration of Independence contradicts the Bible. Thoroughly researched, this persuasively argued and fascinating book proves that America was not built on the Bible and that Christian nationalism is un-American. Includes a new epilogue reflecting on the role Christian nationalism played in fomenting the January 6, 2021, insurrection in DC and the warnings the nation missed.
Constitutional Myths and Constitutional Illusions: About Heroic Past and Better Future
Author: Игорь Барциц
Publisher: Litres
ISBN: 5041800715
Category : Law
Languages : en
Pages : 62
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.
Publisher: Litres
ISBN: 5041800715
Category : Law
Languages : en
Pages : 62
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.
Common Good Constitutionalism
Author: Adrian Vermeule
Publisher: John Wiley & Sons
ISBN: 1509548882
Category : Political Science
Languages : en
Pages : 170
Book Description
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Publisher: John Wiley & Sons
ISBN: 1509548882
Category : Political Science
Languages : en
Pages : 170
Book Description
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 433
Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 433
Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.