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Author: Louis Michael Seidman
Publisher: Oxford University Press
ISBN: 0199898278
Category : Law
Languages : en
Pages : 175
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Book Description
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Author: Louis Michael Seidman
Publisher: Oxford University Press
ISBN: 0199898278
Category : Law
Languages : en
Pages : 175
Get Book Here
Book Description
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Author: Abner S. Greene
Publisher: Harvard University Press
ISBN: 9780674064416
Category : Law
Languages : en
Pages : 0
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Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Louis Michael Seidman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 350
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Book Description
This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Author: Louis Michael Seidman
Publisher:
ISBN: 9780804763196
Category : LAW
Languages : en
Pages : 264
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Book Description
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
Author: Howard Zinn
Publisher: eBookIt.com
ISBN: 1456609920
Category : History
Languages : en
Pages : 126
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Book Description
Howard Zinn's cogent defense of civil disobedience with a new introduction by the author. In this slim volume, Zinn lays out a clear and dynamic case for civil disobedience and protest, and challenges the dominant arguments against forms of protest that challenge the status quo. Zinn explores the politics of direct action, nonviolent civil disobedience, and strikes, and draws lessons for today.
Author: Louis Michael Seidman
Publisher:
ISBN: 9781620976364
Category : History
Languages : en
Pages : 288
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Book Description
The prominent constitutional law scholar's fascinating (and yes, mind-boggling) argument that we don't need the Constitution after all For some, to oppose the Constitution is to oppose the American experiment itself. But leading constitutional scholar Mike Seidman argues that our founding document has long passed its "sell-by" date. It might sounds crazy, but Seidman's arguments are both powerful and, well, convincing. As Seidman shows, constitutional skepticism and disobedience have been present from the beginning of American history, even worming their way into the Federalist Papers. And, as Seidman also points out, no one alive today has agreed to be bound by these rules. In From Parchment to Dust, Seidman offers a brief history of the phenomenon of constitutional skepticism and then proceeds to a masterful takedown of our most cherished, constitutionally enshrined institutions and beliefs, from the Supreme Court ("an arrogant elite in robes"), to the very concepts of civil rights, due process, and equal protection--all of which he argues are just pretenses for preserving a fundamentally rigged and inequitable status quo. Rather than rely on the specific wording of a flawed and outdated document, rife with "Madison's mistakes," Seidman proposes instead a version that better reflects our shared values, and leaves it to people currently alive to determine how these values will play out in contemporary society. From Parchment to Dust is a short, sharp, and iconoclastic book questioning the value (and ultimately the hypocrisy) of embracing the Constitution--which, after all, was written more than 230 years ago--as our moral and political lodestar.
Author: Jeffrey Shulman
Publisher: Yale University Press
ISBN: 0300206747
Category : Law
Languages : en
Pages : 358
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Book Description
In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
Author: Hugo Adam Bedau
Publisher: CUP Archive
ISBN: 9780415050548
Category : Law
Languages : en
Pages : 232
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Book Description
An assessment of both classical and current philosophical thought concerning the issue of civil disobedience. Drawing upon the essays of such contemporary thinkers as Rawls, Raz and Singer, this text aims to provide the basic material required for debate on the nature of civil disorder.
Author: Louis Michael Seidman
Publisher: Berghahn Books
ISBN: 9780300085310
Category : Law
Languages : en
Pages : 280
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Book Description
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Author: Peter E. Quint
Publisher: Routledge
ISBN: 1134107412
Category : Law
Languages : en
Pages : 488
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Book Description
In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.
