The Constitutional Bind
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The Constitutional Bind
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Author : Aziz Rana
language : en
Publisher: University of Chicago Press
Release Date : 2024-04-16
The Constitutional Bind written by Aziz Rana and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-16 with Political Science categories.
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.
The Two Faces Of American Freedom
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Author : Aziz Rana
language : en
Publisher: Harvard University Press
Release Date : 2014-04-07
The Two Faces Of American Freedom written by Aziz Rana and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-07 with History categories.
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.
Words That Bind
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Author : John Arthur
language : en
Publisher: Routledge
Release Date : 2018-02-12
Words That Bind written by John Arthur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Political Science categories.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Constitutional Construction
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Author : Keith E. Whittington
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
Constitutional Construction written by Keith E. Whittington and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Law categories.
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Does The Law Morally Bind The Poor Or What Good S The Constitution When You Can T Buy A Loaf Of Bread
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Author : R. George Wright
language : en
Publisher: NYU Press
Release Date : 1996-04
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 has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-04 with Law categories.
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
The Democratic Constitution
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Author : Brian E. Butler
language : en
Publisher: University of Chicago Press
Release Date : 2017-08-21
The Democratic Constitution written by Brian E. Butler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-21 with Law categories.
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.
No Treason Volume 1
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Author : Lysander Spooner
language : en
Publisher: Read Books Ltd
Release Date : 2013-03-05
No Treason Volume 1 written by Lysander Spooner and has been published by Read Books Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-05 with Philosophy categories.
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.
We Have Not A Government
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Author : George William Van Cleve
language : en
Publisher: University of Chicago Press
Release Date : 2019-04-05
We Have Not A Government written by George William Van Cleve and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-05 with History categories.
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.
Does The Law Morally Bind The Poor Or What Good S The Constitution When You Can T Buy A Loaf Of Bread
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Author : R. George Wright
language : en
Publisher: NYU Press
Release Date : 1996-04
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 has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-04 with Law categories.
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
Debates And Proceedings Of The Constitutional Convention Of The State Of Illinois
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Author : Illinois
language : en
Publisher:
Release Date : 1870
Debates And Proceedings Of The Constitutional Convention Of The State Of Illinois written by Illinois and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1870 with Constitutional history categories.
