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Cosmic Constitutional Theory

Cosmic Constitutional Theory
Author: J. Harvie Wilkinson
Publisher: OUP USA
Total Pages: 174
Release: 2012-03-12
Genre: Law
ISBN: 0199846014

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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.


Cosmic Constitutional Theory

Cosmic Constitutional Theory
Author: J. Harvie Wilkinson III
Publisher: Oxford University Press
Total Pages: 174
Release: 2012-03-09
Genre: Law
ISBN: 0199930074

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American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.


Cosmic Constitutional Theory

Cosmic Constitutional Theory
Author: J. Harvie Wilkinson (III)
Publisher:
Total Pages: 161
Release: 2012
Genre: Constitutional law
ISBN: 9780190260040

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What underlies this development? Federal Appeals Court Judge and noted author J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.


The Invisible Constitution

The Invisible Constitution
Author: Laurence H. Tribe
Publisher: Oxford University Press
Total Pages: 372
Release: 2008-09-17
Genre: Law
ISBN: 019974095X

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As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.


The Quest for Cosmic Justice

The Quest for Cosmic Justice
Author: Thomas Sowell
Publisher: Simon and Schuster
Total Pages: 224
Release: 2001-06-30
Genre: Political Science
ISBN: 0743215079

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This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.


The Living Constitution

The Living Constitution
Author: David A. Strauss
Publisher: Oxford University Press
Total Pages: 172
Release: 2010-05-19
Genre: Law
ISBN: 0199752532

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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.


Cosmology: A Very Short Introduction

Cosmology: A Very Short Introduction
Author: Peter Coles
Publisher: OUP Oxford
Total Pages: 160
Release: 2001-08-23
Genre: Science
ISBN: 0191579440

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This book is a simple, non-technical introduction to cosmology, explaining what it is and what cosmologists do. Peter Coles discusses the history of the subject, the development of the Big Bang theory, and more speculative modern issues like quantum cosmology, superstrings, and dark matter. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.


All Falling Faiths

All Falling Faiths
Author: J. Harvie Wilkinson III
Publisher: Encounter Books
Total Pages: 93
Release: 2017-02-07
Genre: Biography & Autobiography
ISBN: 1594038929

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In this warm and intimate memoir Judge Wilkinson delivers a chilling message. The 1960s inflicted enormous damage on our country; even at this very hour we see the decade’s imprint in so much of what we say and do. The chapters reveal the harm done to the true meaning of education, to our capacity for lasting personal commitments, to our respect for the rule of law, to our sense of rootedness and home, to our desire for service, to our capacity for national unity, to our need for the sustenance of faith. Judge Wilkinson does not seek to lecture but to share in the most personal sense what life was like in the 1960s, and to describe the influence of those frighteningly eventful years upon the present day. Judge Wilkinson acknowledges the good things accomplished by the Sixties and nourishes the belief that we can learn from that decade ways to build a better future. But he asks his own generation to recognize its youthful mistakes and pleads with future generations not to repeat them. The author’s voice is one of love and hope for America. But our national prospects depend on facing honestly the full magnitude of all we lost during one momentous decade and of all we must now recover.


Novus Ordo Seclorum

Novus Ordo Seclorum
Author: Forrest McDonald
Publisher:
Total Pages: 384
Release: 1985
Genre: History
ISBN:

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'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism


Cicero on Politics and the Limits of Reason

Cicero on Politics and the Limits of Reason
Author: Jed W. Atkins
Publisher: Cambridge University Press
Total Pages: 285
Release: 2013-10-17
Genre: Philosophy
ISBN: 1107513235

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A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.