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Author: Ralph Boryszewski
Publisher:
ISBN: 9780971024717
Category : Justice, Administration of
Languages : en
Pages : 336
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Book Description
Author: Ralph Boryszewski
Publisher:
ISBN: 9780971024717
Category : Justice, Administration of
Languages : en
Pages : 336
Get Book Here
Book Description
Author: Kevin Gutzman
Publisher: Simon and Schuster
ISBN: 1596986182
Category : History
Languages : en
Pages : 274
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Book Description
The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies. InThe Politically Incorrect Guide to the Constitution,Professor Kevin Gutzman explains how the Constitution: Was understood by the founders who wrote it and the people who ratified it. Follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people. Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers. How the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended. The radical inconsistency between "constitutional law" and the rule of law. Contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it. As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.
Author: Robert R. Owens
Publisher: Xulon Press
ISBN: 1612150942
Category : Religion
Languages : en
Pages : 234
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Book Description
How can you say, "The Constitution failed?" Don't you mean, "We failed the Constitution?" Or is that a distinction without a difference? Since the declared and understood purpose to the writing and ratification of the Constitution was to create and sustain a limited government and since We the People now face an unlimited government Dr. Owens maintains we face the painful reality, "The Constitution failed." As a member of the Richmond Tea Party and a contributing author to the websites of numerous Tea Parties across the fruited plane Dr. Robert Owens, the author of the History of the Future builds upon Dispatches from that History to show not only that the Constitution has failed but that in many ways that failure was foretold before it was ever ratified by the arguments of the Anti-Federalists. He then goes on to offer recommendations for how We the People can organize and advocate for a solution which will preserve liberty in the land of the free and the home of the brave."
Author: Russ Feingold
Publisher: Hachette UK
ISBN: 1541701542
Category : Law
Languages : en
Pages : 316
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Book Description
A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.
Author: Mark Tushnet
Publisher: Yale University Press
ISBN: 0300252900
Category : Law
Languages : en
Pages : 321
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Book Description
How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
Author: Larry J. Sabato
Publisher: Bloomsbury Publishing USA
ISBN: 0802777562
Category : History
Languages : en
Pages : 353
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Book Description
"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0199885362
Category : Law
Languages : en
Pages : 190
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Book Description
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Author: Richard Beeman
Publisher: Random House Trade Paperbacks
ISBN: 0812976843
Category : History
Languages : en
Pages : 546
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Book Description
In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465029574
Category : History
Languages : en
Pages : 644
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Book Description
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Author: Richard A. Epstein
Publisher: Cato Institute
ISBN: 1933995297
Category : Political Science
Languages : en
Pages : 175
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Book Description
How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.
