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Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Book Synopsis Beyond the Constitution by : Hadley Arkes
Download or read book Beyond the Constitution written by Hadley Arkes and published by Princeton University Press. This book was released on 2021-05-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Brexit means exit, but what exactly will we be leaving behind? Entry into the European Community in 1973 was a momentous event – one which had seismic effects on the politics and constitution of Britain. Brexit, while equally as momentous, has almost wholly been confined to discussions of economic consequence. But what will happen to the constitution? Beyond Brexit looks for the first time at the impact of Brexit and the constitutional consequences of Britain's EU membership, raising the question of just how the United Kingdom is to be preserved. In this book, Vernon Bogdanor explores the ever-changing relationship between Britain and the European Union from the original concept of European unity to 21st century Euroscepticism, the fundamental problems confronting Britain on its exit from the European Union, and argues that Brexit is the start of new beginnings – heralding a peaceful constitutional moment.
Book Synopsis Beyond Brexit by : Vernon Bogdanor
Download or read book Beyond Brexit written by Vernon Bogdanor and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit means exit, but what exactly will we be leaving behind? Entry into the European Community in 1973 was a momentous event – one which had seismic effects on the politics and constitution of Britain. Brexit, while equally as momentous, has almost wholly been confined to discussions of economic consequence. But what will happen to the constitution? Beyond Brexit looks for the first time at the impact of Brexit and the constitutional consequences of Britain's EU membership, raising the question of just how the United Kingdom is to be preserved. In this book, Vernon Bogdanor explores the ever-changing relationship between Britain and the European Union from the original concept of European unity to 21st century Euroscepticism, the fundamental problems confronting Britain on its exit from the European Union, and argues that Brexit is the start of new beginnings – heralding a peaceful constitutional moment.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Book Synopsis Original Meanings by : Jack N. Rakove
Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
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.
Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Beyond Confederation scrutinizes the ideological background of the U.S. Constitution, the rigors of its writing and ratification, and the problems it both faced and provoked immediately after ratification. The essays in this collection question much of the heritage of eighteenth-century constitutional thought and suggest that many of the commonly debated issues have led us away from the truly germane questions. The authors challenge many of the traditional generalizations and the terms and scope of that debate as well. The contributors raise fresh questions about the Constitution as it enters its third century. What happened in Philadelphia in 1787, and what happened in the state ratifying conventions? Why did the states--barely--ratify the Constitution? What were Americans of the 1789s attempting to achieve? The exploratory conclusions point strongly to an alternative constitutional tradition, some of it unwritten, much of it rooted in state constitutional law; a tradition that not only has redefined the nature and role of the Constitution but also has placed limitations on its efficacy throughout American history. The authors are Lance Banning, Richard Beeman, Stephen Botein, Richard D. Brown, Richard E. Ellis, Paul Finkelman, Stanley N. Katz, Ralph Lerner, Drew R. McCoy, John M. Murrin, Jack N. Rakove, Janet A. Riesman, and Gordon S. Wood.
Book Synopsis Beyond Confederation by : Richard Beeman
Download or read book Beyond Confederation written by Richard Beeman and published by UNC Press Books. This book was released on 2013-04-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Confederation scrutinizes the ideological background of the U.S. Constitution, the rigors of its writing and ratification, and the problems it both faced and provoked immediately after ratification. The essays in this collection question much of the heritage of eighteenth-century constitutional thought and suggest that many of the commonly debated issues have led us away from the truly germane questions. The authors challenge many of the traditional generalizations and the terms and scope of that debate as well. The contributors raise fresh questions about the Constitution as it enters its third century. What happened in Philadelphia in 1787, and what happened in the state ratifying conventions? Why did the states--barely--ratify the Constitution? What were Americans of the 1789s attempting to achieve? The exploratory conclusions point strongly to an alternative constitutional tradition, some of it unwritten, much of it rooted in state constitutional law; a tradition that not only has redefined the nature and role of the Constitution but also has placed limitations on its efficacy throughout American history. The authors are Lance Banning, Richard Beeman, Stephen Botein, Richard D. Brown, Richard E. Ellis, Paul Finkelman, Stanley N. Katz, Ralph Lerner, Drew R. McCoy, John M. Murrin, Jack N. Rakove, Janet A. Riesman, and Gordon S. Wood.
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."
Book Synopsis Plain, Honest Men by : Richard Beeman
Download or read book Plain, Honest Men written by Richard Beeman and published by Random House Trade Paperbacks. This book was released on 2010-02-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
Book Synopsis The Constitution of Knowledge by : Jonathan Rauch
Download or read book The Constitution of Knowledge written by Jonathan Rauch and published by Brookings Institution Press. This book was released on 2021-06-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.
Book Synopsis OMG WTF Does the Constitution Actually Say? by : Ben Sheehan
Download or read book OMG WTF Does the Constitution Actually Say? written by Ben Sheehan and published by Black Dog & Leventhal. This book was released on 2020-04-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.
The U.S. Constitution brought to life for young readers! In this visual celebration of the U.S. Constitution and America's founding fathers, Caldecott Medalist Peter Spier tells the stirring American tale of how this most important document came to symbolize freedom, justice, equality, and hope for all citizens. This fact-filled volume includes: ★ The complete text of the Constitution ★ An illustrated preamble to the Constitution, illuminating its signifcance from its birth through to modern times ★ The fascinating history of the struggle to create and ratify the Constitution ★ An historical reproduction of the original document Full of illustrations that bring the Constitution to life, this is a must-have resource for every American school, library, and home. ★ "A joyful celebration of the people whose leaders created the Constitution"—Booklist, starred review “A celebration of America’s diversity”—Kirkus “Spier has created a tribute that can be appreciated in more than one sitting.”—Publishers Weekly
Book Synopsis We the People by : Peter Spier
Download or read book We the People written by Peter Spier and published by Doubleday Books for Young Readers. This book was released on 2014-05-27 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution brought to life for young readers! In this visual celebration of the U.S. Constitution and America's founding fathers, Caldecott Medalist Peter Spier tells the stirring American tale of how this most important document came to symbolize freedom, justice, equality, and hope for all citizens. This fact-filled volume includes: ★ The complete text of the Constitution ★ An illustrated preamble to the Constitution, illuminating its signifcance from its birth through to modern times ★ The fascinating history of the struggle to create and ratify the Constitution ★ An historical reproduction of the original document Full of illustrations that bring the Constitution to life, this is a must-have resource for every American school, library, and home. ★ "A joyful celebration of the people whose leaders created the Constitution"—Booklist, starred review “A celebration of America’s diversity”—Kirkus “Spier has created a tribute that can be appreciated in more than one sitting.”—Publishers Weekly
