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

The Broken Constitution

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

Get Book

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

The Broken Constitution

The Broken Constitution PDF Author: Noah Feldman
Publisher: Picador USA
ISBN: 125085878X
Category : Biography & Autobiography
Languages : en
Pages : 0

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Book Description
A New York Times Book Review Editors’ Choice An innovative account of Abraham Lincoln, constitutional thinker and doer. When Abraham Lincoln assumed the presidency in 1861, the United States’ constitutional arrangements were not the ones we know today. It was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that it had no authority over slavery in states where the institution existed and that basic civil liberties could not be suspended during a rebellion without the consent of Congress. As president, Lincoln broke decisively with all these precedents, deliberately and repeatedly violating the United States’ founding principles. To what end? How did Lincoln understand the Constitution and how did he transform it? In The Broken Constitution, Noah Feldman tells the full story of how Lincoln tore up the Constitution in order to save it. Prior to the Civil War, the document was best understood as a compromise pact—a rough-and-ready deal that allowed the Union to be forged from a disparate collection of states. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. This happened because of the choices Lincoln made in dramatic circumstances; as violence raged, he variously ignored, reviled, and revised long-standing beliefs and set the country on a new path. Approaching the Civil War from a fresh angle, Feldman offers a riveting narrative of Lincoln’s constitutional choices and how he made them—from the resupply of Fort Sumter to the drafting of the Emancipation Proclamation, and from the arrest of newspaper editors and politicians who opposed the draft to the rethinking of the country’s core rights and to whom they belonged. To do so, he situates the sixteenth president within the rich context of the political and legal thinkers of his time, from African American abolitionists and traditionalist judges to Republican rivals and secessionist ideologues. The Broken Constitution calls not only for a reassessment of Lincoln himself but also for a new look at America’s founding document and its place in our law, our politics, and ourselves.

The Broken Constitution

The Broken Constitution PDF Author: Noah Feldman
Publisher: Farrar, Straus & Giroux
ISBN: 0374116644
Category : Biography & Autobiography
Languages : en
Pages : 0

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Book Description
The compromise constitution -- The breaking constitution -- The choice of war -- Political prisoners -- Emancipation and morals.

New York's Broken Constitution

New York's Broken Constitution PDF Author: Peter J. Galie
Publisher: State University of New York Press
ISBN: 1438463340
Category : Political Science
Languages : en
Pages : 342

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Book Description
Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. Peter J. Galie is Professor Emeritus of Political Science at Canisius College. Christopher Bopst is Chief Legal and Financial Officer at Sam-Son Logistics. They are the coauthors of The New York State Constitution, Second Edition. Gerald Benjamin is SUNY Distinguished Professor of Political Science and Director of the Benjamin Center at the State University of New York at New Paltz. He is coauthor (with Daniel L. Feldman) of Tales from the Sausage Factory: Making Laws in New York State, also published by SUNY Press, and coeditor (with Henrik N. Dullea) of Decision 1997: Constitutional Change in New York.

The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution

The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution PDF Author: James Oakes
Publisher: W. W. Norton & Company
ISBN: 1324005866
Category : History
Languages : en
Pages : 288

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Book Description
Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.

It's Even Worse Than It Looks

It's Even Worse Than It Looks PDF Author: Thomas E. Mann
Publisher: Basic Books
ISBN: 0465096735
Category : Political Science
Languages : en
Pages : 272

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Book Description
Hyperpartisanship is as old as American democracy. But now, acrimony is not confined to a moment; it's a permanent state of affairs and has seeped into every part of the political process. Identifying the overriding problems that have led Congress—and the United States—to the brink of institutional collapse, It's Even Worse Than It Looks profoundly altered the debate about why America's government has become so dysfunctional. Through a new preface and afterword, Thomas Mann and Norman Ornstein bring the story forward, examining the 2012 presidential campaign and exploring the prospects of a less dysfunctional government. As provocative and controversial as ever, It's Even Worse Than It Looks will continue to set the terms of our political debate in the years to come.

Constitutional Chaos

Constitutional Chaos PDF Author: Andrew P. Napolitano
Publisher: HarperChristian + ORM
ISBN: 1418508357
Category : Political Science
Languages : en
Pages : 265

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Book Description
In this incisive and insightful book, Judge Andrew P. Napolitano peels back the legal veneer and shows how politicians, judges, prosecutors, and bureaucrats are trampling the U.S. Constitution in the name of law and order and fighting terrorism. Napolitano reveals how they: silence the First Amendment shoot holes in the Second break some laws to enforce others entrap citizens steal private property seize evidence without warrant imprison without charge kill without cause Pundits on the right, left, and center have praised Constitutional Chaos for its penetrating examination of our rights and liberties in the post-9/11 world. "Has the war on terrorism taken away some of your rights? In a non-ideological way, Judge Andrew P. Napolitano answers that crucial question. This book will open your eyes."-Bill O'Reilly "This book is a wake-up call for all who value personal freedom and limited government."-Rush Limbaugh "In all of the American media, Judge Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution. . ."-Nat Hentoff Judge Andrew P. Napolitano is Fox News Channel's senior judicial analyst, seen by millions on The Big Story with John Gibson, The O'Reilly Factor, Fox and Friends, and other shows. Hisarticles and commentaries have been published in the Wall Street Journal, Los Angeles Times, St. Louis Post-Dispatch, Newark Star Ledger, and other national publications.

Me the People

Me the People PDF Author: Kevin Bleyer
Publisher: Random House
ISBN: 067960412X
Category : Humor
Languages : en
Pages : 354

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Book Description
The United States Constitution promised a More Perfect Union. It’s a shame no one bothered to write a more perfect Constitution—one that didn’t trigger more than two centuries of arguments about what the darn thing actually says. Until now. Perfection is at hand. A new, improved Constitution is here. And you are holding it. But first, some historical context: In the eighteenth century, a lawyer named James Madison gathered his friends in Philadelphia and, over four long months, wrote four short pages: the Constitution of the United States of America. Not bad. In the nineteenth century, a president named Abraham Lincoln freed an entire people from the flaws in that Constitution by signing the Emancipation Proclamation. Pretty impressive. And in the twentieth century, a doctor at the Bethesda Naval Hospital delivered a baby—but not just any baby. Because in the twenty-first century, that baby would become a man, that man would become a patriot, and that patriot would rescue a country . . . by single-handedly rewriting that Constitution. Why? We think of our Constitution as the painstakingly designed blueprint drawn up by, in Thomas Jefferson’s words, an “assembly of demigods” who laid the foundation for the sturdiest republic ever created. The truth is, it was no blueprint at all but an Etch A Sketch, a haphazard series of blunders, shaken clean and redrawn countless times during a summer of petty debates, drunken ramblings, and desperate compromise—as much the product of an “assembly of demigods” as a confederacy of dunces. No wonder George Washington wished it “had been made more perfect.” No wonder Benjamin Franklin stomached it only “with all its faults.” The Constitution they wrote is a hot mess. For starters, it doesn’t mention slavery, or democracy, or even Facebook; it plays favorites among the states; it has typos, smudges, and misspellings; and its Preamble, its most famous passage, was written by a man with a peg leg. Which, if you think about it, gives our Constitution hardly a leg to stand on. [Pause for laughter.] Now stop laughing. Because you hold in your hands no mere book, but the most important document of our time. Its creator, Daily Show writer Kevin Bleyer, paid every price, bore every burden, and saved every receipt in his quest to assure the salvation of our nation’s founding charter. He flew to Greece, the birthplace of democracy. He bused to Philly, the home of independence. He went toe-to-toe (face-to-face) with Scalia. He added nightly confabs with James Madison to his daily consultations with Jon Stewart. He tracked down not one but two John Hancocks—to make his version twice as official. He even read the Constitution of the United States. So prepare yourselves, fellow patriots, for the most significant literary event of the twenty-first, twentieth, nineteenth, and latter part of the eighteenth centuries. Me the People won’t just form a More Perfect Union. It will save America. Praise for Me the People “I would rather read a constitution written by Kevin Bleyer than by the sharpest minds in the country.”—Jon Stewart “Bleyer takes a red pencil to democracy’s most hallowed laundry list. . . . Uproarious and fascinating.”—Reader’s Digest “I knew James Madison. James Madison was a friend of mine. Mr. Bleyer, you are no James Madison. But you sure are a heck of a lot more fun.”—Pulitzer Prize–winning historian Doris Kearns Goodwin, author of the #1 New York Times bestseller Team of Rivals

Fault Lines in the Constitution

Fault Lines in the Constitution PDF Author: Cynthia Levinson
Publisher: Peachtree Publishers
ISBN: 1682630242
Category : Juvenile Nonfiction
Languages : en
Pages : 239

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Book Description
Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.

The Citizen's Constitution

The Citizen's Constitution PDF Author:
Publisher: Basic Books
ISBN: 9780465021246
Category : Political Science
Languages : en
Pages : 0

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Book Description
In this delightfully quick, witty, readable, and authoritative guide, Seth Lipsky, legendary newspaperman, places the United States Constitution and its clauses into context. In more than 300 sparkling annotations--fully updated for this paperback edition--The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events. Lipsky provides a no-nonsense, entertaining, and learned reference to the fundamental questions surrounding the document that governs how we govern our country.