Constitutional Redemption

Author : J. M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674058747
Total Pages : 305 pages
Book Rating : 4.43/5 ( download)

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Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Author : Jack M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.37/5 ( download)

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Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Author : Marshall L. DeRosa
Publisher : Pelican Publishing
ISBN 13 : 9781589804722
Total Pages : 0 pages
Book Rating : 4.24/5 ( download)

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Download or read book Redeeming American Democracy written by Marshall L. DeRosa and published by Pelican Publishing. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to bring the power back to the people be decentralization. The warring ideas of centralization and decentralization are at the core of modern political debates about the national economy, U.S. foreign policy, and citizens' cultural values-just as they were among our Founding Fathers. With the election of Abraham Lincoln, the concept and practice of centralization in U.S. government gained power. In contrast, the Confederate constitution carried decentralization even further than the original Constitution and added a number of features that could stand us in good stead in this time of big government and excessive rules.

Author : Bruce E. Stewart
Publisher : University of Virginia Press
ISBN 13 : 081394371X
Total Pages : 312 pages
Book Rating : 4.18/5 ( download)

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Download or read book Redemption from Tyranny written by Bruce E. Stewart and published by University of Virginia Press. This book was released on 2020-02-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many common people, the American Revolution offered an opportunity to radically reimagine the wealth and power structures in the nascent United States. Yet in the eyes of working-class activists, the U.S. Constitution favored the interests of a corrupt elite and betrayed the lofty principles of the Declaration of Independence. The discontent of these ordinary revolutionaries sparked a series of protest movements throughout the country during the 1780s and 1790s. Redemption from Tyranny explores the life of a leader among these revolutionaries. A farmer, evangelical, and political activist, Herman Husband (1724-1795) played a crucial role in some of the most important anti-establishment movements in eighteenth-century America--the Great Awakening, the North Carolina Regulation, the American Revolution, and the Whiskey Rebellion. Husband became a famous radical, advocating for the reduction of economic inequality among white men. Drawing on a wealth of newly unearthed resources, Stewart uses the life of Husband to explore the varied reasons behind the rise of economic populism and its impact on society during the long American Revolution. Husband offers a valuable lens through which we can view how "labouring, industrious people" shaped--and were shaped by--the American Revolution.

Author : Jack M. Balkin
Publisher : Oxford University Press
ISBN 13 : 0197531016
Total Pages : 246 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press. This book was released on 2020-08-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Author : Michael S. Greve
Publisher : Harvard University Press
ISBN 13 : 9780674061910
Total Pages : 0 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Upside-Down Constitution written by Michael S. Greve and published by Harvard University Press. This book was released on 2012-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.36/5 ( download)

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Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Author : Ken I. Kersch
Publisher : Cambridge University Press
ISBN 13 : 0521193109
Total Pages : 431 pages
Book Rating : 4.08/5 ( download)

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Download or read book Conservatives and the Constitution written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Author : Patrick G. Williams
Publisher : Texas A&M University Press
ISBN 13 : 1603444890
Total Pages : 246 pages
Book Rating : 4.97/5 ( download)

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Download or read book Red River Valley written by Patrick G. Williams and published by Texas A&M University Press. This book was released on 2007 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Lyndon Johnson developed a reputation as a rough-hewn, arm-twisting deal-maker with a drawl, at a crucial moment in history he delivered an address to Congress that moved Martin Luther King Jr. to tears and earned praise from the media as the best presidential speech in American history. Even today, his voting rights address of 1965 ranks high not only in political significance, but also as an example of leadership through oratory.

Author : Shon Hopwood
Publisher : Crown
ISBN 13 : 0307887839
Total Pages : 643 pages
Book Rating : 4.32/5 ( download)

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Download or read book Law Man written by Shon Hopwood and published by Crown. This book was released on 2012 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces how the author, a Navy veteran, committed five bank robberies and spent years in prison before he rallied with the support of family and friends and learned savvy legal skills, allowing him to build a promising life as a free man.