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Constitutional Myths


Constitutional Myths
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Constitutional Myths


Constitutional Myths
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Author : Ray Raphael
language : en
Publisher: The New Press
Release Date : 2013-03-05

Constitutional Myths written by Ray Raphael and has been published by The New Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-05 with History categories.


Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.



Constitutional Mythologies


Constitutional Mythologies
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Author : Alain Marciano
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-08-02

Constitutional Mythologies written by Alain Marciano and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-02 with Political Science categories.


Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.



Constitutional Myths And Constitutional Illusions About Heroic Past And Better Future


Constitutional Myths And Constitutional Illusions About Heroic Past And Better Future
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Author : Игорь Барциц
language : en
Publisher: Litres
Release Date : 2019-07-10

Constitutional Myths And Constitutional Illusions About Heroic Past And Better Future written by Игорь Барциц and has been published by Litres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-10 with Law categories.


This working paper provides insight into the essence, content and destiny of constitutional myths and illusions as «load-bearing elements» of constitutional order, government system and political regime. Special attention is paid to the analysis of individual constitutional myths and illusions, such as the doctrine of the sovereignty of the people, concept of social contract, nation-wide referendum, values of separation of powers, open government, etc., as well as examples of their embodiment in the Constitutions of Russia, China, the USA, France, Venezuela, Kazakhstan, Armenia, Ukraine, etc.



Wrong And Dangerous


Wrong And Dangerous
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Author : Garrett Epps
language : en
Publisher: Rowman & Littlefield
Release Date : 2012

Wrong And Dangerous written by Garrett Epps and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.


In Wrong and Dangerous, legal scholar Garrett Epps tackles 10 of the most prevalent myths, providing in terms every citizen can understand a clear grasp of the Constitution and the government it established.



Constitutional Moments


Constitutional Moments
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Author :
language : en
Publisher: BRILL
Release Date : 2024-03-21

Constitutional Moments written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with History categories.


“Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.



25 Myths Of The United States Constitution


25 Myths Of The United States Constitution
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Author : Douglas V. Gibbs
language : en
Publisher:
Release Date : 2014-01-26

25 Myths Of The United States Constitution written by Douglas V. Gibbs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-26 with Political Science categories.


In the United States the Law of the Land is the U.S. Constitution. The Originalist viewpoint of the document is one that holds to its meaning at the time it was created. Over time, however, the original intent has been hijacked, twisted, and subverted by statist politicians, judges using case law as the basis for Constitutional Law, a progressive education system, and a media that is complicit in a real effort to render the Constitution meaningless in its original form. In a unique style of defense of originalism, Douglas V. Gibbs examines the myths that have emerged as a result of a leftist onslaught against this nation as it was founded, maintaining that the text of the Constitution should be adhered to in its original intent. The enforcers, and final arbiters, of the Constitution, however, is not the Supreme Court, but We The People.The author addresses the most common myths in a clear and instructive manner, while recognizing and responding to any possible objections.Does all federal law trump all State law? Are the three branches of government supposed to be co-equal? Can the courts legislate from the bench? How about executive orders? What was the true intent behind the Commerce Clause, and the General Welfare Clause? Is the separation of church and state in the Constitution? Where do our rights come from? Is the United States a democracy? What is the role of government regarding issues like social justice? What is the true definition of Natural Born Citizen? Is the Constitution a living document? What are implied powers, and are they constitutional? Does the President have to ask Congress before he can wage war? What would the founders think about Income Tax, and the Internal Revenue Service? Are the courts authorized to interpret the Constitution in the way they do?25 Myths of the United States Constitution is an important contribution to literature on originalism, and the perfect book for the average person to read to begin their journey in learning the Constitution.After reading this book, you will look at the Law of the Land, and the world of politics, with a renewed sense of confidence. Being informed, after all, is a large part of the duty we have as Americans in regards to our involvement as an effective electorate. And, being informed makes you less likely to be fooled by the crafty politiciansThe Constitution is only ink and paper if we don't defend it.



Myths And Realities Of Secessionisms


Myths And Realities Of Secessionisms
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Author : Miguel Beltrán de Felipe
language : en
Publisher: Springer
Release Date : 2019-01-28

Myths And Realities Of Secessionisms written by Miguel Beltrán de Felipe and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-28 with Political Science categories.


This book provides a comprehensive overview of the Catalonian crisis in Spain from a historical, political and legal perspective. Using the precedents of Québec, Scotland, and partially Veneto and Bavaria, the author highlights some of the key issues of contemporary secessionist nationalism, including its relationship with sovereignty, the right to have a referendum, and the capacity of a particular territory to amend the constitution in order to admit secession.



Our Constitution


Our Constitution
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Author : Eric Black
language : en
Publisher: Routledge
Release Date : 2019-06-26

Our Constitution written by Eric Black and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Political Science categories.


This book is a search for the source of the magical power of Soviet Constitution to provide and protect the freedom, democracy, equality and justice. It presents a record of the political, economic, social and moral trends of its time.



The English Constitution


The English Constitution
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Author : Ian Ward
language : en
Publisher: Hart Publishing
Release Date : 2004-07-30

The English Constitution written by Ian Ward and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-07-30 with History categories.


This book aims to provide a stimulating text for both academics and students; advancing a series of original ideas about the English constitution.



Unfounded Fears


Unfounded Fears
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Author : Paul J. Weber
language : en
Publisher: Praeger
Release Date : 1989-10-24

Unfounded Fears written by Paul J. Weber and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-10-24 with History categories.


Since the first and only constitutional convention in 1787, 26 amendments have been added to our governing document, but not one of them became law by virtue of the convention method. Despite more than 400 applications, no constitutional convention has been called in 202 years. Indeed it was James Madison who wrote, "Having witnessed the difficulties and dangers experienced by the first Convention. . . . I should tremble for the result of a Second." In Unfounded Fears: Myths and Realities of a Constitutional Convention, Weber and Perry present a balanced, scholarly look on this controversial topic and introduce surprising conclusions. Weber and Perry seek to determine if, in fact, the first convention was a runaway, as common wisdom holds, and they examine the process by which the Convention was called. They also review the attempts since 1787 to call a second constitutional convention, and they confront many of the questions commonly raised about a potential convention, including the process for electing delegates and the ability of Congress to establish and control the convention's procedures and substance of what a convention does. In their final chapter, they reflect on the realities of a balanced-budget amendment.