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Author: Michael S. Greve
Publisher: Harvard University Press
ISBN: 9780674061910
Category : Political Science
Languages : en
Pages : 0
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Book Description
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Author: Michael S. Greve
Publisher: Harvard University Press
ISBN: 9780674061910
Category : Political Science
Languages : en
Pages : 0
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Book Description
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Author: Sotirios A. Barber
Publisher: Harvard University Press
ISBN: 0674067967
Category : Political Science
Languages : en
Pages : 256
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Book Description
Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
Author: John W. Compton
Publisher: Harvard University Press
ISBN: 0674419898
Category : Political Science
Languages : en
Pages : 360
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Book Description
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.
Author: Yang Jisheng
Publisher: Farrar, Straus and Giroux
ISBN: 0374716919
Category : History
Languages : en
Pages : 394
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Book Description
Yang Jisheng’s The World Turned Upside Down is the definitive history of the Cultural Revolution, in withering and heartbreaking detail. As a major political event and a crucial turning point in the history of the People’s Republic of China, the Great Proletarian Cultural Revolution (1966–1976) marked the zenith as well as the nadir of Mao Zedong’s ultra-leftist politics. Reacting in part to the Soviet Union’s "revisionism" that he regarded as a threat to the future of socialism, Mao mobilized the masses in a battle against what he called "bourgeois" forces within the Chinese Communist Party (CCP). This ten-year-long class struggle on a massive scale devastated traditional Chinese culture as well as the nation’s economy. Following his groundbreaking and award-winning history of the Great Famine, Tombstone, Yang Jisheng here presents the only history of the Cultural Revolution by an independent scholar based in mainland China, and makes a crucial contribution to understanding those years' lasting influence today. The World Turned Upside Down puts every political incident, major and minor, of those ten years under extraordinary and withering scrutiny, and arrives in English at a moment when contemporary Chinese governance is leaning once more toward a highly centralized power structure and Mao-style cult of personality.
Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 0674238842
Category : Political Science
Languages : en
Pages : 473
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Book Description
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Author: Jack N. Rakove
Publisher: Harvard University Press
ISBN: 0674066227
Category : Political Science
Languages : en
Pages : 367
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Book Description
Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787Ð88), in which ÒWe the PeopleÓ forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our Òpolitical scripturesÓ and have come to define us as a people. Now a Pulitzer PrizeÐwinning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.
Author: Scott GORDON
Publisher: Harvard University Press
ISBN: 0674037839
Category : Political Science
Languages : en
Pages : 408
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Book Description
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
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: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
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Book Description
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author: Ralph Boryszewski
Publisher:
ISBN: 9780971024717
Category : Justice, Administration of
Languages : en
Pages : 336
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Book Description
