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Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Barry Cushman
Publisher: Oxford University Press
ISBN: 019535401X
Category : Law
Languages : en
Pages : 333
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Book Description
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Category : Political Science
Languages : en
Pages : 283
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Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Author: John F. Kowal
Publisher: The New Press
ISBN: 1620975629
Category : Law
Languages : en
Pages : 493
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Book Description
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author: Donald W. Livingston
Publisher: Pelican Publishing Company
ISBN: 9781589809574
Category : Federal government
Languages : en
Pages : 0
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Book Description
A great dissatisfaction with the government rests within society, yet the discussion continues to revolve around the same issues. In 7 essays, scholars propose that the real problem is size and scale, suggesting that the country is simply too big for one central government. This thought-provoking book begins a debate on how to divide it on a more human scale. Such scholars as Dr. Thomas DiLorenzo, Yuri Maltsev, Donald W. Livingston, Kent Masterson Brown, Marshall DeRosa, Kirkpatrick Sale, and Rob Williams contribute to the debate.
Author: Thomas Bender
Publisher: Univ of California Press
ISBN: 0520230582
Category : History
Languages : en
Pages : 437
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Book Description
"In One eloquent essay after another, some of the wisest historians of our time write American history in a grand cosmopolitan context. From the era of discovery to the present, histories that we thought we knew—of labor, of race relations, of politics, of gender relations, of diplomacy, of ethnicity—are more richly understood when causes and consequences are traced throughout the globe. One emerges invigorated, ready to welcome a new American history for a new international century."—Linda K. Kerber, author of No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship "Rethinking American History in a Global Age is an extremely stimulating and thought-provoking collection of essays written by leading historians who offer wider contexts for illuminating the traditional themes and issues of American national history. Particularly impressive is the book's combination of caution and original, sometimes daring insights."—David Brion Davis, author of In the Image of God: Religion, Moral Values, and Our Heritage of Slavery "For decades American historians have been urging one another to place our culture in comparative or transnational perspective. Thomas Bender's unique volume includes not only essays theorizing such efforts and essays exemplifying such work at its most successful and its most provocative, it also provides more skeptical assessments questioning whether American historians can meet the challenge of overcoming our longstanding national preoccupations. Rethinking American History in a Global Age is an indispensable book that will shape the work of a rising generation of historians whose horizons will extend beyond our own shores."—James T. Kloppenberg, author of The Virtues of Liberalism
Author: Steven Mulroy
Publisher: Edward Elgar Publishing
ISBN: 1788117514
Category : Election law
Languages : en
Pages : 176
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Book Description
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author: Angélica Maria Bernal
Publisher: Oxford University Press
ISBN: 0190494220
Category : Political Science
Languages : en
Pages : 289
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Book Description
Beyond Origins challenges the common view of foundings as singular, extraordinary moments of political origin and creation. Engaging with cases of founding across political traditions -- from classical Greece to contemporary Latin America -- the book argues that it is only through pragmatist understandings of democratic origins that we can realize the potential for radical democratic change.
Author: John M. Murrin
Publisher: Oxford University Press
ISBN: 0190870540
Category : History
Languages : en
Pages : 425
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Book Description
For five decades John M. Murrin has been the consummate historian's historian. This volume brings together his seminal essays on the American Revolution, the United States Constitution, and the early American Republic. Collectively, they rethink fundamental questions regarding American identity, the decision to declare independence in 1776, and the impact the American Revolution had on the nation it produced. By digging deeply into questions that have shaped the field for several generations, Rethinking America argues that high politics and the study of constitutional and ideological questions--broadly the history of elites--must be considered in close conjunction with issues of economic inequality, class conflict, and racial division. Bringing together different schools of history and a variety of perspectives on both Britain and the North American colonies, it explains why what began as a constitutional argument, that virtually all expected would remain contained within the British Empire, exploded into a truly subversive and radical revolution that destroyed monarchy and aristocracy and replaced them with a rapidly transforming and chaotic republic. This volume examines the period of the early American Republic and discusses why the Founders' assumptions about what their Revolution would produce were profoundly different than the society that emerged from the American Revolution. In many ways, Rethinking America suggests that the outcome of the American Revolution put the new United States on a path to a violent and bloody civil war. With an introduction by Andrew Shankman, this long-awaited work by one of the most important scholars of the Revolutionary era offers a coherent interpretation of the complex period that saw the breakdown of colonial British North America and the founding of the United States.
