Approaching The Us Constitution PDF Download
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| Author | : Mary Anne Franks |
| Publisher | : Stanford University Press |
| Total Pages | : 310 |
| Release | : 2019-05-14 |
| Genre | : Political Science |
| ISBN | : 1503609103 |
Download The Cult of the Constitution Book in PDF, ePub and Kindle
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
| Author | : Kerry L. Hunter |
| Publisher | : Lexington Books |
| Total Pages | : 175 |
| Release | : 2014-06-18 |
| Genre | : Law |
| ISBN | : 0739190830 |
Download Approaching the U.S. Constitution Book in PDF, ePub and Kindle
By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America’s legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation’s collective conscience. For Hamilton, the judiciary’s authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the “rule of law” is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society’s ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court’s most important function in exercising the power of judicial review is to serve as the nation’s conscience just as it did in Brown v. Board of Education.
| Author | : David A. Strauss |
| Publisher | : Oxford University Press |
| Total Pages | : 171 |
| Release | : 2010-05-19 |
| Genre | : Law |
| ISBN | : 0199703698 |
Download The Living Constitution Book in PDF, ePub and Kindle
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 | : Michael Arnheim |
| Publisher | : John Wiley & Sons |
| Total Pages | : 448 |
| Release | : 2018-05-15 |
| Genre | : History |
| ISBN | : 1119387485 |
Download U.S. Constitution For Dummies Book in PDF, ePub and Kindle
Your complete guide to understanding the U.S. Constitution. Want to make sense of the U.S. Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents—and sparked ongoing debates along the way. You’ll get the lowdown on all the big issues—from separation of church and state to impeachment to civil rights—that continue to affect Americans' daily lives. Plus, you’ll find out about U.S. Constitution concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years. Inside, you’ll find fresh examples of Supreme Court Rulings such as same sex marriage and Healthcare Acts such as Obamacare. Explore hot topics like what it takes to be elected Commander in Chief, the functions of the House and Senate, how Supreme Court justices are appointed, and so much more. Trace the evolution of the Constitution Recognize the power of the U.S. Supreme Court Get details on recent Supreme Court decisions Find new examples of the Bill of Rights Constitutional issues are dominating the news—and now you can join the discussion with the help of U.S. Constitution For Dummies.
| Author | : Paul Samuel Smith |
| Publisher | : |
| Total Pages | : 184 |
| Release | : 1931 |
| Genre | : Constitutional history |
| ISBN | : |
Download A New Approach to the American Constitution Book in PDF, ePub and Kindle
| Author | : Goodwin Liu |
| Publisher | : Oxford University Press |
| Total Pages | : 274 |
| Release | : 2010-08-05 |
| Genre | : Law |
| ISBN | : 0199752834 |
Download Keeping Faith with the Constitution Book in PDF, ePub and Kindle
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
| Author | : David F. Forte |
| Publisher | : Simon and Schuster |
| Total Pages | : 500 |
| Release | : 2014-09-16 |
| Genre | : Political Science |
| ISBN | : 1621573524 |
Download The Heritage Guide to the Constitution Book in PDF, ePub and Kindle
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
| Author | : Richard Beeman |
| Publisher | : Random House Trade Paperbacks |
| Total Pages | : 546 |
| Release | : 2010-02-09 |
| Genre | : History |
| ISBN | : 0812976843 |
Download Plain, Honest Men Book in PDF, ePub and Kindle
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 | : |
| Publisher | : National Archives & Records Administration |
| Total Pages | : 40 |
| Release | : 1986 |
| Genre | : Political Science |
| ISBN | : |
Download A More Perfect Union Book in PDF, ePub and Kindle
Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.
| Author | : Akhil Reed Amar |
| Publisher | : Basic Books (AZ) |
| Total Pages | : 644 |
| Release | : 2012-09-11 |
| Genre | : History |
| ISBN | : 0465029574 |
Download America's Unwritten Constitution Book in PDF, ePub and Kindle
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.
