The Constitutional Bind

Author : Aziz Rana
Publisher : University of Chicago Press
ISBN 13 : 022635086X
Total Pages : 818 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Constitutional Bind written by Aziz Rana and published by University of Chicago Press. This book was released on 2024-04-16 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world. Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text’s design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life. In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

Author : Aziz Rana
Publisher : Harvard University Press
ISBN 13 : 0674266552
Total Pages : 428 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Two Faces of American Freedom written by Aziz Rana and published by Harvard University Press. This book was released on 2014-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.

Author : Brian E. Butler
Publisher : University of Chicago Press
ISBN 13 : 022647450X
Total Pages : 258 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Author : Lysander Spooner
Publisher : Read Books Ltd
ISBN 13 : 1447488903
Total Pages : 60 pages
Book Rating : 4.03/5 ( download)

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Download or read book No Treason written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-04-16 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Author : George William Van Cleve
Publisher : University of Chicago Press
ISBN 13 : 022664152X
Total Pages : 411 pages
Book Rating : 4.22/5 ( download)

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Download or read book We Have Not a Government written by George William Van Cleve and published by University of Chicago Press. This book was released on 2019-04-05 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve’s book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters—including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea—Van Cleve makes clear that it was the Confederation’s failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation’s early life.

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.37/5 ( download)

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Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Author : Christian G. Fritz
Publisher : Cambridge University Press
ISBN 13 : 9781139467179
Total Pages : pages
Book Rating : 4.74/5 ( download)

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Download or read book American Sovereigns written by Christian G. Fritz and published by Cambridge University Press. This book was released on 2007-10-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

Author : R. George Wright
Publisher : NYU Press
ISBN 13 : 0814792944
Total Pages : 228 pages
Book Rating : 4.40/5 ( download)

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Download or read book Does the Law Morally Bind the Poor, Or, what Good's the Constitution when You Can't Buy a Loaf of Bread? written by R. George Wright and published by NYU Press. This book was released on 1996-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wright (law, Cumberland School of Law, Samford U.) traces the basic legal and political implications of life for the desperately poor, arguing that the law fails to recognize the special circumstances of the severely deprived. He explores the Constitution as it is applied to the poor in our society, and advocates rejecting environmental determinism without holding the poor to unreasonable standards. Annotation copyright by Book News, Inc., Portland, OR

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 9780199752539
Total Pages : 176 pages
Book Rating : 4.32/5 ( download)

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Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Author : Mark V. Tushnet
Publisher : Oxford University Press
ISBN 13 : 9780199813711
Total Pages : 176 pages
Book Rating : 4.1X/5 ( download)

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Download or read book Out of Range written by Mark V. Tushnet and published by Oxford University Press. This book was released on 2007-09-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.