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Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Category : Law
Languages : en
Pages : 935
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Book Description
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Category : Law
Languages : en
Pages : 935
Get Book Here
Book Description
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author: Leigh Ann Wheeler
Publisher: Oxford University Press
ISBN: 0190206527
Category : Health & Fitness
Languages : en
Pages : 342
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Book Description
How Sex Became a Civil Liberty shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.
Author: Lee C. Bollinger
Publisher:
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377
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Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 9780521709132
Category : Political Science
Languages : en
Pages : 248
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Book Description
The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro-same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 240
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Book Description
This report identifies and analyzes sex-based references in the United States Code, which forms the basis of Federal laws which allow implicit or explicit sex-based discrimination. The U.S. Commission on Civil Rights has issued this report to inform the public and to provide resource materials for private citizens, the President, and members of Congress who want to identify and eliminate sex-discriminatory provisions in the Code. The report is divided into two major parts: (1) Selected Areas of Sex Bias; and (2) Title-By-Title Review. An Introduction, and a section of Findings and Recommendations are also included.
Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Category : History
Languages : en
Pages : 758
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Book Description
Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Author: Jill Lepore
Publisher: W. W. Norton & Company
ISBN: 0393635252
Category : History
Languages : en
Pages : 733
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Book Description
“Nothing short of a masterpiece.” —NPR Books A New York Times Bestseller and a Washington Post Notable Book of the Year In the most ambitious one-volume American history in decades, award-winning historian Jill Lepore offers a magisterial account of the origins and rise of a divided nation. Widely hailed for its “sweeping, sobering account of the American past” (New York Times Book Review), Jill Lepore’s one-volume history of America places truth itself—a devotion to facts, proof, and evidence—at the center of the nation’s history. The American experiment rests on three ideas—“these truths,” Jefferson called them—political equality, natural rights, and the sovereignty of the people. But has the nation, and democracy itself, delivered on that promise? These Truths tells this uniquely American story, beginning in 1492, asking whether the course of events over more than five centuries has proven the nation’s truths, or belied them. To answer that question, Lepore wrestles with the state of American politics, the legacy of slavery, the persistence of inequality, and the nature of technological change. “A nation born in contradiction… will fight, forever, over the meaning of its history,” Lepore writes, but engaging in that struggle by studying the past is part of the work of citizenship. With These Truths, Lepore has produced a book that will shape our view of American history for decades to come.
Author: David Gelernter
Publisher: Doubleday
ISBN: 0385522959
Category : Political Science
Languages : en
Pages : 182
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Book Description
What does it mean to “believe” in America? Why do we always speak of our country as having a mission or purpose that is higher than other nations? Modern liberals have invested a great deal in the notion that America was founded as a secular state, with religion relegated to the private sphere. David Gelernter argues that America is not secular at all, but a powerful religious idea—indeed, a religion in its own right. Gelernter argues that what we have come to call “Americanism” is in fact a secular version of Zionism. Not the Zionism of the ancient Hebrews, but that of the Puritan founders who saw themselves as the new children of Israel, creating a new Jerusalem in a new world. Their faith-based ideals of liberty, equality, and democratic governance had a greater influence on the nation’s founders than the Enlightenment. Gelernter traces the development of the American religion from its roots in the Puritan Zionism of seventeenth-century New England to the idealistic fighting faith it has become, a militant creed dedicated to spreading freedom around the world. The central figures in this process were Abraham Lincoln, Teddy Roosevelt, and Woodrow Wilson, who presided over the secularization of the American Zionist idea into the form we now know as Americanism. If America is a religion, it is a religion without a god, and it is a global religion. People who believe in America live all over the world. Its adherents have included oppressed and freedom-loving peoples everywhere—from the patriots of the Greek and Hungarian revolutions to the martyred Chinese dissidents of Tiananmen Square. Gelernter also shows that anti-Americanism, particularly the virulent kind that is found today in Europe, is a reaction against this religious conception of America on the part of those who adhere to a rival religion of pacifism and appeasement. A startlingly original argument about the religious meaning of America and why it is loved—and hated—with so much passion at home and abroad.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694675
Category : Philosophy
Languages : en
Pages : 157
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Book Description
The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.
