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Strauss V. United States of America

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 22

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The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

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Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Crisis of the Strauss Divided

Author: Harry V. Jaffa
Publisher: Rowman & Littlefield Publishers
ISBN: 1442217138
Category : Political Science
Languages : en
Pages : 291

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Book Description
“Leo Strauss (1899-1973) was the greatest mind in political philosophy in the twentieth century, and possibly in other centuries as well. That, I am well aware, is a judgment I share with very few, if any.” So writes Harry V. Jaffa in his epilogue to this volume. Including an extensive unpublished essay entitled “Straussian Geography: A Memoir and Commentary,” Crisis of the Strauss Divided brings together a collection of Jaffa’s published arguments defending and explaining that judgment, written during the 40 years since Strauss’s death. The volume includes arguments of those who have disagreed with Jaffa about Strauss's teaching and about the nature of political philosophy. These wide ranging exchanges explore many of the great themes of political philosophy and, in particular, the implications of Strauss's thinking for America and modern civilization.

Leo Strauss Between Weimar and America

Author: Adi Armon
Publisher: Springer Nature
ISBN: 3030243893
Category : Philosophy
Languages : en
Pages : 230

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Book Description
This is the first book-length examination of the impact Leo Strauss’ immigration to the United States had on this thinking. Adi Armon weaves together a close reading of unpublished seminars Strauss taught at the University of Chicago in the 1950s and 1960s with an interpretation of his later works, all of which were of course written against the backdrop of the Cold War. First, the book describes the intellectual environment that shaped the young Strauss’ worldview in the Weimar Republic, tracing those aspects of his thought that changed and others that remained consistent up until his immigration to America. Armon then goes on to explore the centrality of Karl Marx to Strauss’s intellectual biography. By analyzing an unpublished seminar Strauss taught with Joseph Cropsey at the University of Chicago in 1960, Armon shows how Strauss’ fragmentary, partial engagement with Marx in writing obscured the important role that Marxism actually played as an intellectual challenge to his later political thinking. Finally, the book explores the manifestations of Straussian doctrine in postwar America through reading Strauss’ The City and Man (1964) as a representative of his political teaching.

Leo Strauss and the Politics of American Empire

Author: Anne Norton
Publisher:
ISBN: 9780300104363
Category : Political Science
Languages : en
Pages : 235

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Book Description
This provocative book examines the teachings of political theorist Leo Strauss and the ways in which they have been appropriated, or misappropriated, by senior policymakers.

Worst. President. Ever.

Author: Robert Strauss
Publisher: Rowman & Littlefield
ISBN: 1493024841
Category : History
Languages : en
Pages : 281

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Book Description
Worst. President. Ever. flips the great presidential biography on its head, offering an enlightening—and highly entertaining!—account of poor James Buchanan’s presidency to prove once and for all that, well, few leaders could have done worse. But author Robert Strauss does much more, leading readers out of Buchanan’s terrible term in office—meddling in the Dred Scott Supreme Court decision, exacerbating the Panic of 1857, helping foment the John Brown uprisings and “Bloody Kansas,” virtually inviting a half-dozen states to secede from the Union as a lame duck, and on and on—to explore with insight and humor his own obsession with presidents, and ultimately the entire notion of ranking our presidents. He guides us through the POTUS rating game of historians and others who have made their own Mount Rushmores—or Marianas Trenches!—of presidential achievement, showing why Buchanan easily loses to any of the others, but also offering insights into presidential history buffs like himself, the forgotten "lesser" presidential sites, sex and the presidency, the presidency itself, and how and why it can often take the best measures out of even the most dedicated men.

Legal Methods

Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952

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Book Description
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and