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Defending Congress and the Constitution

Defending Congress and the Constitution
Author: Louis Fisher
Publisher: University Press of Kansas
Total Pages: 376
Release: 2011-09-07
Genre: Political Science
ISBN: 070061799X

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The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.


Defending Congress and the Constitution

Defending Congress and the Constitution
Author: Louis Fisher
Publisher:
Total Pages: 0
Release: 2011
Genre: Separation of powers
ISBN: 9780700617982

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The nation's most important and prolific constitutional scholar presents an articulate, passionate, and persuasive defense of Congress as an institution. The culmination of four decades of research and service, this book provides a lucid primer on our nation's government while advocating a robust reassertion of Congress's rightful role.


Congress

Congress
Author: Louis Fisher
Publisher: University Press of Kansas
Total Pages: 208
Release: 2016-02-19
Genre: Political Science
ISBN: 070062211X

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When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights—and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty. After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post–World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic. In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.


Defending the Republic

Defending the Republic
Author: Bruce Frohnen
Publisher: CUA Press
Total Pages: 394
Release: 2022-10-07
Genre: Law
ISBN: 1949822249

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In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.


In Defense of the Constitution

In Defense of the Constitution
Author: George Wescott Carey
Publisher:
Total Pages: 0
Release: 1989
Genre: Law
ISBN: 9780865971387

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In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.


In Defense of the United States Constitution

In Defense of the United States Constitution
Author: Robert S. Singh
Publisher: Routledge
Total Pages: 206
Release: 2018-09-03
Genre: Political Science
ISBN: 1351117688

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Constitutional reform is a topic of perennial academic debate, perhaps now more than ever amid sharp polarization in the electorate and government. At once a cogent, new contribution to the scholarly literature and appropriate for American politics and government students, this book mounts a provocative, nonideological defense of the US Constitution, directly engaging proposals for reform and providing a rare systematic argument for continuity: Our politics may be broken but our system is not. Writing from an international perspective with an array of fascinating data, the author draws on theory, law, and history to defend the republican order under political stress and intellectual challenge.


Against the Force Bill

Against the Force Bill
Author: John C. Calhoun
Publisher: Good Press
Total Pages: 63
Release: 2020-12-08
Genre: Fiction
ISBN:

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"Against the Force Bill" is a speech by John C. Calhoun, an American politician and political theorist, in which he strongly endorsed nullification of the Force Bill which empowered the President of the United States to use military force to ensure state compliance with federal law. Passed by Congress during the Nullification Crisis, at the urging of President Andrew Jackson, the Force Bill was designed to compel the state of South Carolina's compliance with a series of federal tariffs. The bill was opposed by John C. Calhoun and he managed to cancel it.


Against All Enemies

Against All Enemies
Author: Richard A. Clarke
Publisher: Simon and Schuster
Total Pages: 224
Release: 2004-03-26
Genre: Political Science
ISBN: 0743266404

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"The [Bush] administration has squandered the opportunity to eliminate al Qaeda....A new al Qaeda has emerged and is growing stronger, in part because of our own actions and inactions. It is in many ways a tougher opponent than the original threat we faced before September 11, and we are not doing what is necessary to make America safe from that threat." No one has more authority to make that claim than Richard Clarke, the former counterterrorism czar for both Bill Clinton and George W. Bush. The one person who knows more about Usama bin Laden and al Qaeda than anyone else in this country, he has devoted two decades of his professional life to combating terrorism. Richard Clarke served seven presidents and worked inside the White House for George H.W. Bush, Bill Clinton, and George W. Bush until he resigned in March 2003. He knows, better than anyone, the hidden successes and failures of the Clinton years. He knows, better than anyone, why we failed to prevent 9/11. He knows, better than anyone, how President Bush reacted to the attack and what happened behind the scenes in the days that followed. He knows whether or not Iraq presented a terrorist threat to the United States and whether there were hidden costs to the invasion of that country. Most disturbing of all are Clarke's revelations about the Bush administration's lack of interest in al Qaeda prior to September 11. From the moment the Bush team took office and decided to retain Clarke in his post as the counterterrorism czar, Clarke tried to persuade them to take al Qaeda as seriously as had Bill Clinton. For months, he was denied the opportunity even to make his case to Bush. He encountered key officials who gave the impression that they had never heard of al Qaeda; who focused incessantly on Iraq; who even advocated long-discredited conspiracy theories about Saddam's involvement in previous attacks on the United States. Clarke was the nation's crisis manager on 9/11, running the Situation Room -- a scene described here for the first time -- and then watched in dismay at what followed. After ignoring existing plans to attack al Qaeda when he first took office, George Bush made disastrous decisions when he finally did pay attention. Coming from a man known as one of the hard-liners against terrorists, Against All Enemies is both a powerful history of our two-decades-long confrontation with terrorism and a searing indictment of the current administration.


New Federalist Papers

New Federalist Papers
Author: Alan Brinkley
Publisher: W. W. Norton & Company
Total Pages: 200
Release: 1997
Genre: Political Science
ISBN: 9780393046199

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The "Federalist Papers" were written in 1787 by three of America's founding fathers, Alexander Hamilton, James Madison and John Jay. In this book, three constitutional experts address the threats posed by current challenges to the American constitution.


The Broken Constitution

The Broken Constitution
Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
Total Pages: 236
Release: 2021-11-02
Genre: History
ISBN: 0374720878

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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