Constitutional Fate

Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

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.

Download or read book The Fate of the Revolution written by Lorri Glover and published by Johns Hopkins University Press+ORM. This book was released on 2016-05-13 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of the 1788 Virginia Ratification Convention explores the Constitutional debates that decided the nation’s fate and still resonate today. In May 1788, elected delegates from every county in Virginia gathered in Richmond where they would either accept or reject the highly controversial United States Constitution. The rest of the country kept an anxious vigil, keenly aware that without Virginia—the young Republic’s largest and most populous state—the Constitution was doomed. In The Fate of the Revolution, Lorri Glover explains why Virginia’s wrangling over ratification led to such heated political debate. Virginians were roughly split in their opinions, as were the delegates they elected. Patrick Henry, for example, the greatest orator of the age, opposed James Madison, the intellectual force behind the Constitution. The two sides were so evenly matched that in the last days of the convention, the savviest political observers still couldn’t predict the outcome. Mining an incredible wealth of sources, including letters, pamphlets, newspaper articles, and transcripts, Glover brings these political discussions to life, exploring the constitutional questions that echo across American history.

Download or read book The Agnostic Age written by Paul Horwitz and published by Oxford University Press, USA. This book was released on 2011-02-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

Download or read book The Garments of Court and Palace written by Philip Bobbitt and published by Atlantic Books. This book was released on 2015-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times-bestselling author presents a provocative new interpretation of The Prince The Prince, a political treatise by the Florentine public servant and political theorist Niccolo Machiavelli, is widely regarded as the most important exploration of politics—and in particular the politics of power—ever written. In Garments of Court and Palace, Philip Bobbitt, a preeminent and original interpreter of modern statecraft, presents a vivid portrait of Machiavelli's Italy and demonstrates how The Prince articulates a new idea of government that emerged during the Renaissance. Bobbitt argues that when The Prince is read alongside the Discourses, modern readers can see clearly how Machiavelli prophesied the end of the feudal era and the birth of a recognizably modern polity. As this book shows, publication of The Prince in 1532 represents nothing less than a revolutionary moment in our understanding of the place of the law and war in the creation and maintenance of the modern state.