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Book Synopsis The Principles of Constitutional Democracy and the New Deal by : Raoul Eugene Desvernine
Download or read book The Principles of Constitutional Democracy and the New Deal written by Raoul Eugene Desvernine and published by . This book was released on 1935 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Book Synopsis The Constitution and the New Deal by : G. Edward White
Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2002-05-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
Book Synopsis The Anti-Oligarchy Constitution by : Joseph Fishkin
Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
American Government: Constitutional Democracy Under Pressure highlights the necessary tension between our constitutional principles and institutions and the populist heat that sometimes roils our national politics, especially at the current political moment. Our constitutional democracy has been under pressure for some time, but few would deny that fears for its fate have deepened in just the past few years. We assume that our political institutions will limit and contain contemporary populism, just as the Founders intended and as they have in the past, but will they? An increasingly polarized electorate, urging their representatives to fight and never to compromise, may be stressing Constitutional limits. This new edition offers to help American government teachers lead their students to a nuanced theoretical and practical understanding of what is happening in the politics of their Constitutional democracy today. New to the Second Edition Further develops and highlights the distinguishing theme of the book, "Constitutional Democracy Under Pressure," in light of Trump Administration events over the last two years. Expands coverage of all media aspects including fake news, social media, responsible journalism, and related topics including foreign manipulation of the news. Includes the most recent election results. Addresses issues specific to the Trump Administration including unique coverage of the 25th Amendment, cabinet instability, election interferences, executive power and unitary action, and impact on the courts. Updates in all tables, figures, suggested readings plus photo updates throughout.
Book Synopsis American Government by : Cal Jillson
Download or read book American Government written by Cal Jillson and published by Routledge. This book was released on 2020-12-14 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Government: Constitutional Democracy Under Pressure highlights the necessary tension between our constitutional principles and institutions and the populist heat that sometimes roils our national politics, especially at the current political moment. Our constitutional democracy has been under pressure for some time, but few would deny that fears for its fate have deepened in just the past few years. We assume that our political institutions will limit and contain contemporary populism, just as the Founders intended and as they have in the past, but will they? An increasingly polarized electorate, urging their representatives to fight and never to compromise, may be stressing Constitutional limits. This new edition offers to help American government teachers lead their students to a nuanced theoretical and practical understanding of what is happening in the politics of their Constitutional democracy today. New to the Second Edition Further develops and highlights the distinguishing theme of the book, "Constitutional Democracy Under Pressure," in light of Trump Administration events over the last two years. Expands coverage of all media aspects including fake news, social media, responsible journalism, and related topics including foreign manipulation of the news. Includes the most recent election results. Addresses issues specific to the Trump Administration including unique coverage of the 25th Amendment, cabinet instability, election interferences, executive power and unitary action, and impact on the courts. Updates in all tables, figures, suggested readings plus photo updates throughout.
Book Synopsis "The New Deal" and the Old Philosophy of Government Under the Constitution of the United States by : Charles P. Cooper
Download or read book "The New Deal" and the Old Philosophy of Government Under the Constitution of the United States written by Charles P. Cooper and published by . This book was released on 1934 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
An exploration of the New Deal era highlights the politicians and pundits of the time, many of whom advocated for questionable positions, including separation of the races and an American dictatorship.
Book Synopsis Fear Itself: The New Deal and the Origins of Our Time by : Ira Katznelson
Download or read book Fear Itself: The New Deal and the Origins of Our Time written by Ira Katznelson and published by W. W. Norton & Company. This book was released on 2013-03 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the New Deal era highlights the politicians and pundits of the time, many of whom advocated for questionable positions, including separation of the races and an American dictatorship.
In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Book Synopsis How Democratic Is the American Constitution? by : Robert A. Dahl
Download or read book How Democratic Is the American Constitution? written by Robert A. Dahl and published by Yale University Press. This book was released on 2003-11-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Book Synopsis Constitutional Democracy by : J nos Kis
Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
We live in a time of profound and justified anxiety about economic opportunity. The number of Americans facing poverty is growing, opportunities for middle-class livelihoods are shrinking, and economic clout is becoming concentrated at the top to a degree that recalls the last Gilded Age. For reformers throughout the nineteenth and early twentieth centuries, economic circumstances like these posed not just an economic, social, or political problem but a constitutional one. A society with a “moneyed aristocracy” or a “ruling class,” these reformers understood, was an oligarchy, not a republic. This understanding was rooted in a constitutional discourse we have largely forgotten -- one that this essay suggests we ought to reclaim. From the beginning of the Republic through roughly the New Deal, Americans vividly understood that the guarantees of the Constitution are intertwined with the structure of our economic life. This understanding was the foundation of a powerful constitutional discourse that today, with important but limited exceptions, lies dormant: a discourse of constitutional political economy. A powerful tradition of arguments, from the founding era through the nineteenth and early twentieth centuries, sounded in this tradition: arguments that we cannot keep our constitutional democracy -- our “republican form of government” -- without (a) constitutional restraints against oligarchy, and (b) a political economy that maintains a broad middle class, accessible to everyone. These are two of the central strands of what we call the democracy of opportunity tradition. Today, when we speak of “equal opportunity” and the Constitution, we usually think of a different idea, one more recognizable today as constitutional law: the idea of inclusion, which has its roots in Reconstruction and animates arguments that the Constitution requires us to include, on equal terms, those who have previously been excluded from important opportunities on grounds such as race and sex. This is the third strand of the democracy of opportunity tradition as we understand it. This essay, forthcoming in the journal NOMOS, tells the story of the democracy of opportunity tradition and the relations among its three principles--which have been fraught and often tragic. Generation after generation of white male champions of the first two principles of the democracy of opportunity tradition refused to include women and racial others. Later, the great triumphs of the principle of inclusion in the mid-twentieth century -- the Civil Rights Revolution, the Great Society -- were largely disconnected from the democracy of opportunity tradition. This was for a different reason: The Civil Rights Revolution and Great Society unfolded in an unprecedented moment of broadly shared prosperity; what remained to be done, it seemed, was to open the nation's abundant middle-class opportunities to black America, women and other excluded “minorities.” Thus, the moment that marked the rebirth and greatest triumphs of the idea of inclusion also signaled the eclipse of the democracy of opportunity tradition of which it had been a part, and more generally of any constitutionalism not centered on the judiciary -- an eclipse whose consequences have been far-reaching. In this essay and in a larger book project, we aim to recover the idea that inequality and unequal opportunity, oligarchy and aristocracy, have a constitutional dimension. In the end, we argue that the democracy of opportunity tradition can only succeed with its three strands intertwined. Here, we begin to sketch how a revived democracy of opportunity tradition, and a revived discourse of constitutional political economy, might matter both inside and outside the courts.
Book Synopsis Wealth, Commonwealth, & the Constitution of Opportunity by : Joseph Fishkin
Download or read book Wealth, Commonwealth, & the Constitution of Opportunity written by Joseph Fishkin and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a time of profound and justified anxiety about economic opportunity. The number of Americans facing poverty is growing, opportunities for middle-class livelihoods are shrinking, and economic clout is becoming concentrated at the top to a degree that recalls the last Gilded Age. For reformers throughout the nineteenth and early twentieth centuries, economic circumstances like these posed not just an economic, social, or political problem but a constitutional one. A society with a “moneyed aristocracy” or a “ruling class,” these reformers understood, was an oligarchy, not a republic. This understanding was rooted in a constitutional discourse we have largely forgotten -- one that this essay suggests we ought to reclaim. From the beginning of the Republic through roughly the New Deal, Americans vividly understood that the guarantees of the Constitution are intertwined with the structure of our economic life. This understanding was the foundation of a powerful constitutional discourse that today, with important but limited exceptions, lies dormant: a discourse of constitutional political economy. A powerful tradition of arguments, from the founding era through the nineteenth and early twentieth centuries, sounded in this tradition: arguments that we cannot keep our constitutional democracy -- our “republican form of government” -- without (a) constitutional restraints against oligarchy, and (b) a political economy that maintains a broad middle class, accessible to everyone. These are two of the central strands of what we call the democracy of opportunity tradition. Today, when we speak of “equal opportunity” and the Constitution, we usually think of a different idea, one more recognizable today as constitutional law: the idea of inclusion, which has its roots in Reconstruction and animates arguments that the Constitution requires us to include, on equal terms, those who have previously been excluded from important opportunities on grounds such as race and sex. This is the third strand of the democracy of opportunity tradition as we understand it. This essay, forthcoming in the journal NOMOS, tells the story of the democracy of opportunity tradition and the relations among its three principles--which have been fraught and often tragic. Generation after generation of white male champions of the first two principles of the democracy of opportunity tradition refused to include women and racial others. Later, the great triumphs of the principle of inclusion in the mid-twentieth century -- the Civil Rights Revolution, the Great Society -- were largely disconnected from the democracy of opportunity tradition. This was for a different reason: The Civil Rights Revolution and Great Society unfolded in an unprecedented moment of broadly shared prosperity; what remained to be done, it seemed, was to open the nation's abundant middle-class opportunities to black America, women and other excluded “minorities.” Thus, the moment that marked the rebirth and greatest triumphs of the idea of inclusion also signaled the eclipse of the democracy of opportunity tradition of which it had been a part, and more generally of any constitutionalism not centered on the judiciary -- an eclipse whose consequences have been far-reaching. In this essay and in a larger book project, we aim to recover the idea that inequality and unequal opportunity, oligarchy and aristocracy, have a constitutional dimension. In the end, we argue that the democracy of opportunity tradition can only succeed with its three strands intertwined. Here, we begin to sketch how a revived democracy of opportunity tradition, and a revived discourse of constitutional political economy, might matter both inside and outside the courts.