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Author: Aziz Rana
Publisher: University of Chicago Press
ISBN: 022635072X
Category : Law
Languages : en
Pages : 818
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Book Description
"Americans today are increasingly uneasy about the democratic weaknesses of their Federal Constitution. But for most of living memory that very Constitution has been idealized as near perfect. How could it be that this flawed system came to enjoy such intense veneration? In a striking reinterpretation of the American constitutional past, Aziz Rana connects the spread of a distinctive twentieth century American relationship to its founding document to another development rarely treated alongside it: the rise of the U.S. to global dominance. In the process, he highlights the role of constitutional veneration in shaping the terms of American power abroad, with ultimately transformative effects at home for narratives of nation and ideas of reform. In the process, Rana also explores the remarkably diverse array of movement activists-in Black, Indigenous, feminist, labor, and immigrant politics-that struggled to imagine a very different constitutional horizon, one grounded in equal and effective freedom for all and able to overcome the basic limitations of the consolidating legal-political system. These voices of opposition, including to the Constitution itself, have overwhelmingly been excised from constitutional memory. And yet they offer essential insights for making sense of our present difficulties, in which Americans find themselves bereft of the constitutional sureties that have long shaped collective life"--
Author: Aziz Rana
Publisher: University of Chicago Press
ISBN: 022635072X
Category : Law
Languages : en
Pages : 818
Get Book
Book Description
"Americans today are increasingly uneasy about the democratic weaknesses of their Federal Constitution. But for most of living memory that very Constitution has been idealized as near perfect. How could it be that this flawed system came to enjoy such intense veneration? In a striking reinterpretation of the American constitutional past, Aziz Rana connects the spread of a distinctive twentieth century American relationship to its founding document to another development rarely treated alongside it: the rise of the U.S. to global dominance. In the process, he highlights the role of constitutional veneration in shaping the terms of American power abroad, with ultimately transformative effects at home for narratives of nation and ideas of reform. In the process, Rana also explores the remarkably diverse array of movement activists-in Black, Indigenous, feminist, labor, and immigrant politics-that struggled to imagine a very different constitutional horizon, one grounded in equal and effective freedom for all and able to overcome the basic limitations of the consolidating legal-political system. These voices of opposition, including to the Constitution itself, have overwhelmingly been excised from constitutional memory. And yet they offer essential insights for making sense of our present difficulties, in which Americans find themselves bereft of the constitutional sureties that have long shaped collective life"--
Author: Aziz Rana
Publisher: University of Chicago Press
ISBN: 022635086X
Category : Political Science
Languages : en
Pages : 818
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Book Description
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.
Author: Aziz Rana
Publisher: Harvard University Press
ISBN: 0674266552
Category : History
Languages : en
Pages : 428
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Book Description
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.
Author: Dennis C. Colson
Publisher: Caxton Press
ISBN:
Category : History
Languages : en
Pages : 346
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Book Description
Distributed by the University of Nebraska Press for the University of Idaho Press This revised edition of Dennis Colson's book presents a more accessible view to a new generation of students and legislators, many of whom are unfamiliar with Idaho's tumultuous beginnings. Idaho's Constitution opens a door for the reader into the political struggle and turmoil of a century ago, but also the spirit of compromise and common purpose that conquered the divisions they faced.
Author: Lysander Spooner
Publisher: Read Books Ltd
ISBN: 1447488903
Category : Philosophy
Languages : en
Pages : 60
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Book Description
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.
Author: George William Van Cleve
Publisher: University of Chicago Press
ISBN: 022664152X
Category : History
Languages : en
Pages : 411
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Book Description
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.
Author: Brian E. Butler
Publisher: University of Chicago Press
ISBN: 022647450X
Category : Law
Languages : en
Pages : 258
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Book Description
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.
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
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Book Description
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.
Author: Christian G. Fritz
Publisher: Cambridge University Press
ISBN: 9781139467179
Category : History
Languages : en
Pages :
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Book Description
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
Author: Jack M. Balkin
Publisher: Oxford University Press
ISBN: 0197531016
Category : Law
Languages : en
Pages : 246
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Book Description
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.
