Subverting the Constitution

Subverting the Constitution PDF Author: G. G. Mirchandani
Publisher: Abhinav Publications
ISBN: 9788170170570
Category : Constitutional amendments
Languages : en
Pages : 272

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Book Description
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Subverting the Constitution

Subverting the Constitution PDF Author: G. G. Mirchandani
Publisher: Abhinav Publications
ISBN: 9788170170570
Category : Constitutional amendments
Languages : en
Pages : 272

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Book Description
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Abusive Constitutional Borrowing

Abusive Constitutional Borrowing PDF Author: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192893769
Category : Authoritarianism
Languages : en
Pages : 241

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Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Blueprint

Blueprint PDF Author: Ken Blackwell
Publisher: Rowman & Littlefield
ISBN: 0762763124
Category : Political Science
Languages : en
Pages : 306

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Book Description
Barack Obama's shocking plan to take over the government, the elections, the economy, the American consciousness, and even our personal freedoms From noted conservative leader Ken Blackwell and Washington, D.C.-based constitutional attorney and journalist Ken Klukowski comes an urgently needed book about President Barack Obama's blueprint to centralize power in the White House, subvert the Constitution, and transform the United States of America into a militant, secular welfare state dominated by an overbearing central government. The authors identify and discuss more than twenty tactics being taken by the Obama administration to restructure the country and ensure perpetual liberal rule—such as changing voting laws, politicizing the census, coercing corporations into adopting its policies, planning to destroy talk radio, and seeking to make millions of illegal aliens into voting citizens. By means both sharp and subtle, President Obama aims to change Americans' views about government, liberty, and even God. * · Czars: The authors show how Obama is installing a shadow government of radical appointees not subject to Senate confirmation and answerable to no one but him. · Courts: The authors have insider knowledge of how Obama will pack the Supreme Court and lower courts with activist judges who will overstep their constitutional authority. · When Lawmaking becomes Lawbreaking: The authors reveal the ways Obama is consolidating lawmaking power in the White House, in direct violation of our nation's separation of powers. · Changing the American Identity: The authors show how Obama is using unconstitutional tactics to change how we conduct commerce, how we vote, our right to bear arms, and the free-speech rights of opposition voices.

Immigration and American Democracy

Immigration and American Democracy PDF Author: Robert Koulish
Publisher: Routledge
ISBN: 1135843317
Category : Law
Languages : en
Pages : 238

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Book Description
While immigration embodies America’s rhetorical commitment to democracy, it also showcases abysmal failures in democratic practice. Koulish examines these failures in terms of excessive executive powers circumventing the constitution, privatization, and right-wing subversion of local democracy.

Americanism, Reaction Subverting the Constitution and the American Tradition

Americanism, Reaction Subverting the Constitution and the American Tradition PDF Author: Olive Malmberg Johnson
Publisher:
ISBN:
Category : Socialism
Languages : en
Pages : 47

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Book Description


The Broken Constitution

The Broken Constitution PDF Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
ISBN: 0374720878
Category : History
Languages : en
Pages : 236

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Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283

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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

A Right to Lie?

A Right to Lie? PDF Author: Catherine J. Ross
Publisher: University of Pennsylvania Press
ISBN: 0812253256
Category : Political Science
Languages : en
Pages : 184

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Book Description
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.

On Constitutional Disobedience

On Constitutional Disobedience PDF 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.

Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF 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.