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Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1849505624
Category : Political Science
Languages : en
Pages : 228
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Book Description
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1849505624
Category : Political Science
Languages : en
Pages : 228
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Book Description
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Author: Joseph W. Postell
Publisher: Springer
ISBN: 1137300965
Category : Political Science
Languages : en
Pages : 279
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Book Description
During the Progressive Era (1880-1920), leading thinkers and politicians transformed American politics. Historians and political scientists have given a great deal of attention to the progressives who effected this transformation. Yet relatively little is known about the conservatives who opposed these progressive innovations, despite the fact that they played a major role in the debates and outcomes of this period of American history. These early conservatives represent a now-forgotten source of inspiration for modern American conservatism. This volume gives these constitutional conservatives their first full explanation and demonstrates their ongoing relevance to contemporary American conservatism.
Author: Ken I. Kersch
Publisher: Cambridge University Press
ISBN: 1108696309
Category : Political Science
Languages : en
Pages : 431
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Book Description
Since the 1980s, a ritualized opposition in legal thought between a conservative 'originalism' and a liberal 'living constitutionalism' has obscured the aggressively contested tradition committed to, and mobilization of arguments for, constitutional restoration and redemption within the broader postwar American conservative movement. Conservatives and the Constitution is the first history of the political and intellectual trajectory of this foundational tradition and mobilization. By looking at the deep stories told either by identity groups or about what conservatives took to be flashpoint topics in the postwar period, Ken I. Kersch seeks to capture the developmental and integrative nature of postwar constitutional conservatism, challenging conservatives and liberals alike to more clearly see and understand both themselves and their presumed political and constitutional opposition. Conservatives and the Constitution makes a unique contribution to our understanding of modern American conservatism, and to the constitutional thought that has, in critical ways, informed and defined it.
Author: Austin Sarat
Publisher:
ISBN:
Category : Conservatism
Languages : en
Pages : 0
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Book Description
Author: Stephen Skowronek
Publisher: Yale University Press
ISBN: 0300225091
Category : History
Languages : en
Pages : 542
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Book Description
A landmark work on how the Progressive Era redefined the playing field for conservatives and liberals alike. During the 1912 presidential campaign, Progressivism emerged as an alternative to what was then considered an outmoded system of government. A century later, a new generation of conservatives criticizes Progressivism as having abandoned America’s founding values and miring the government in institutional gridlock. In this paradigm-shifting book, renowned contributors examine a broad range of issues, including Progressives’ interpretation of the Constitution, their expansion and redistribution of individual rights, and reforms meant to shift power from political parties to ordinary citizens.
Author: Michael Les Benedict
Publisher: Fordham Univ Press
ISBN: 9780823225545
Category : History
Languages : en
Pages : 342
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Book Description
"Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems." --Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America's leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights--and how Americans' constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.
Author: William W. Crosskey
Publisher: University of Chicago Press
ISBN: 9780226121345
Category : History
Languages : en
Pages : 722
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Book Description
When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
Author: Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190629304
Category : Political Science
Languages : en
Pages : 297
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Book Description
In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 0762314869
Category : Political Science
Languages : en
Pages : 228
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Book Description
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Author: Randy E. Barnett
Publisher: HarperCollins
ISBN: 0062412302
Category : Political Science
Languages : en
Pages : 226
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Book Description
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
