In this highly praised new translation of Boethius’s The Consolation of Philosophy, David R. Slavitt presents a graceful, accessible, and modern version for both longtime admirers of one of the great masterpieces of philosophical literature and those encountering it for the first time. Slavitt preserves the distinction between the alternating verse and prose sections in the Latin original, allowing us to appreciate the Menippian parallels between the discourses of literary and logical inquiry. His prose translations are lively and colloquial, conveying the argumentative, occasionally bantering tone of the original, while his verse translations restore the beauty and power of Boethius’s poetry. The result is a major contribution to the art of translation.
Those less familiar with Consolation may remember it was written under a death sentence. Boethius (c. 480–524), an Imperial official under Theodoric, Ostrogoth ruler of Rome, found himself, in a time of political paranoia, denounced, arrested, and then executed two years later without a trial. Composed while its author was imprisoned, cut off from family and friends, it remains one of Western literature’s most eloquent meditations on the transitory nature of earthly belongings, and the superiority of things of the mind. In an artful combination of verse and prose, Slavitt captures the energy and passion of the original. And in an introduction intended for the general reader, Seth Lerer places Boethius’s life and achievement in context.
The Conspiracy Against Hitler in the Twilight War was first published in 1968. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
This is the first detailed account in English of the German anti-Nazi plot of September 1939 - May 1940, a conspiracy which involved the services of Pope Pius XII as in intermediary. Much new information is presented, and the book puts the whole story of the German resistance movement in a clearer light than has been possible before.
Much of the account is based on the testimony of over fifty witnesses whom Professor Deutsch interviewed or interrogated, comprising virtually all the participants or observers who survived the period. He also had access to previously unavailable French and Belgian documents as well as to diaries and other private material.
As the author explains, there were four major rounds of opposition to the Hitler regime, the conspiracy described in this volume being the second. IN many ways it was the round in which circumstances were the most favorable for success. High military quarters were the most fully committed, it was the only plan in which a foreign power at odds with Germany (britain) took a supporting position, and it was the only instance in which a notable outside figure, Pius XII, made his good offices available as an intermediary.
The role of the Pope in this conspiracy has been known in a general way since 1946, but Professor Deutsch's investigation is the first intensive study were at the core of the affair, Josef Muller, the Opposition agent who dealt with the Pope and who later became the Bavarian Minister o Justice, and Rev. Robert Leiber, S.F., the Pope's confidential aide.
In his conclusion Professor Deutsch points out that the story of this conspiracy clearly testifies to the moral nature of the German resistance movement. The author writes: "No term recurred more often in these months to define the conflict with the Third Reich then 'the decent Germany.'"
Conspiracy is a thread that runs throughout the tapestry of Roman history. From the earliest days of the Republic to the waning of the Empire, conspiracies and intrigues created shadow worlds that undermined the openness of Rome's representational government. To expose these dark corners and restore a sense of order and safety, Roman historians frequently wrote about famous conspiracies and about how their secret plots were detected and the perpetrators punished. These accounts reassured readers that the conspiracy was a rare exception that would not happen again—if everyone remained vigilant.
In this first book-length treatment of conspiracy in Roman history, Victoria Pagán examines the narrative strategies that five prominent historians used to disclose events that had been deliberately shrouded in secrecy and silence. She compares how Sallust, Livy, and Tacitus constructed their accounts of the betrayed Catilinarian, Bacchanalian, and Pisonian conspiracies. Her analysis reveals how a historical account of a secret event depends upon the transmittal of sensitive information from a private setting to the public sphere—and why women and slaves often proved to be ideal transmitters of secrets. Pagán then turns to Josephus's and Appian's accounts of the assassinations of Caligula and Julius Caesar to explore how the two historians maintained suspense throughout their narratives, despite readers' prior knowledge of the outcomes.
Conspiracy Theories and the Failure of Intellectual Critique argues that conspiracy theories, including those that conflict with official accounts and suggest that prominent people in Western democracies have engaged in appalling behavior, should be taken seriously and judged on their merits and problems on a case-by-case basis. It builds on the philosophical work on this topic that has developed over the past quarter century, challenging some of it, but affirming the emerging consensus: each conspiracy theory ought to be judged on its particular merits and faults.
The philosophical consensus contrasts starkly with what one finds in the social science literature. Kurtis Hagen argues that significant aspects of that literature, especially the psychological study of conspiracy theorists, has turned out to be flawed and misleading. Those flaws are not randomly directed; rather, they consistently serve to disparage conspiracy theorists unfairly. This suggests that there may be a bias against conspiracy theorists in the academy, skewing “scientific” results. Conspiracy Theories and the Failure of Intellectual Critique argues that social scientists who study conspiracy theories and/or conspiracy theorists would do well to better absorb the implications of the philosophical literature.Ever since the Warren Commission concluded that a lone gunman assassinated President John F. Kennedy, people who doubt that finding have been widely dismissed as conspiracy theorists, despite credible evidence that right-wing elements in the CIA, FBI, and Secret Service—and possibly even senior government officials—were also involved. Why has suspicion of criminal wrongdoing at the highest levels of government been rejected out-of-hand as paranoid thinking akin to superstition?
Conspiracy Theory in America investigates how the Founders’ hard-nosed realism about the likelihood of elite political misconduct—articulated in the Declaration of Independence—has been replaced by today’s blanket condemnation of conspiracy beliefs as ludicrous by definition. Lance deHaven-Smith reveals that the term “conspiracy theory” entered the American lexicon of political speech to deflect criticism of the Warren Commission and traces it back to a CIA propaganda campaign to discredit doubters of the commission’s report. He asks tough questions and connects the dots among five decades’ worth of suspicious events, including the assassinations of John and Robert Kennedy, the attempted assassinations of George Wallace and Ronald Reagan, the crimes of Watergate, the Iran-Contra arms-for-hostages deal, the disputed presidential elections of 2000 and 2004, the major defense failure of 9/11, and the subsequent anthrax letter attacks.
Sure to spark intense debate about the truthfulness and trustworthiness of our government, Conspiracy Theory in America offers a powerful reminder that a suspicious, even radically suspicious, attitude toward government is crucial to maintaining our democracy.
Conspiracy theory as a theoretical framework has emerged only in the last twenty years; commentators are finding it a productive way to explain the actions and thoughts of individuals and societies. In this compelling exploration of Latin literature, Pagán uses conspiracy theory to illuminate the ways that elite Romans invoked conspiracy as they navigated the hierarchies, divisions, and inequalities in their society. By seeming to uncover conspiracy everywhere, Romans could find the need to crush slave revolts, punish rivals with death or exile, dismiss women, denigrate foreigners, or view their emperors with deep suspicion. Expanding on her earlier Conspiracy Narratives in Roman History, Pagán here interprets the works of poets, satirists, historians, and orators—Juvenal, Tacitus, Suetonius, Terence, and Cicero, among others—to reveal how each writer gave voice to fictional or real actors who were engaged in intrigue and motivated by a calculating worldview.
Delving into multiple genres, Pagán offers a powerful critique of how conspiracy and conspiracy theory can take hold and thrive when rumor, fear, and secrecy become routine methods of interpreting (and often distorting) past and current events. In Roman society, where knowledge about others was often lacking and stereotypes dominated, conspiracy theory explained how the world worked. The persistence of conspiracy theory, from antiquity to the present day, attests to its potency as a mechanism for confronting the frailties of the human condition.
In 1969, the Chicago Seven were charged with intent to "incite, organize, promote, and encourage" antiwar riots during the chaotic 1968 Democratic National Convention in Chicago. The defendants included major figures of the antiwar and racial justice movements: Abbie Hoffman and Jerry Rubin, the madcap founders of the Yippies; Tom Hayden and Rennie Davis, founders of Students for a Democratic Society and longtime antiwar organizers; David Dellinger, a pacifist and chair of the National Mobilization Committee to End the War in Vietnam; and Bobby Seale, co-founder of the Black Panther Party, who would be bound and gagged in the courtroom before his case was severed from the rest.
The Conspiracy Trial of the Chicago Seven is an electrifying account of the months-long trial that commanded the attention of a divided nation. John Schultz, on assignment for The Evergreen Review, witnessed the whole trial of the Chicago Seven, from the jury selection to the aftermath of the verdict. In his vivid account, Schultz exposes the raw emotions, surreal testimony, and judicial prejudice that came to define one of the most significant legal events in American history.
In October 2020, Aaron Sorkin's film, The Trial of the Chicago Seven, will bring this iconic trial to the screen.
How malleable is human nature? Can an individual really change in meaningful ways? Or, are there immutable limits on the possibilities of human growth set in place by the genes and by the early experiences of childhood? These are questions which touch our deepest political and personal concerns; and they have long been a matter of fierce debate in the behavioral sciences.
Constancy and Change in Human Development takes a thorough inventory of the growing body of research which now bears upon these questions. Editors Brim and Kagan have assembled an outstanding group of specialists in human growth and commissioned them to assess questions of change and continuity in physical, mental, and emotional development throughout the life span. Beginning with three general chapters which place the ideas of continuity and discontinuity in historical and philosophical perspective, the book moves across a broad spectrum of developmental issues, ranging from the basic adaptability of the human central nervous system to the effects of social institutions which seek to promote individual change. There are chapters on physical growth, health, cognitive development, personality, social attitudes and beliefs, occupational careers, psychosis, and criminal behavior. Throughout these chapters, the recurring question is whether development can be seen as a continuous process in which early stages reliably predict subsequent events, or whether instead there are sharp discontinuities which render individual development essentially unpredictable. The variety and richness of the answers to this question provide a summary of human development which is unparalleled in any other single volume.
From the creation of a neuter pronoun in her earliest work, L’Opoponax, to the confusion of genres in her most recent fiction, Virgile, non, Monique Wittig uses literary subversion and invention to accomplish what Erika Ostrovsky appropriately defines as renversement, the annihilation of existing literary canons and the creation of highly innovative constructs.
Erika Ostrovsky explores those aspects of Wittig’s work that best illustrate her literary approach. Among the countless revolutionary devices that Wittig uses to achieve renversement are the feminization of masculine gender names, the reorganization of myth patterns, and the replacement of traditional punctuation with her own system of grammatical emphasis and separation. It is the unexpected quantity and quality of such literary devices that make reading Monique Wittig’s fiction a fresh and rewarding experience. Such literary devices have earned Wittig the acclaim of her critics and peers—Marguerite Duras, Mary McCarthy, Alain Robbe-Grillet, Nathalie Sarraute, and Claude Simon, to name a few.
While analyzing the intrinsic value of each of Wittig’s fictions separately, Erika Ostrovsky traces the progressive development of Wittig’s major literary devices as they appear and reappear in her fictions. Ostrovsky maintains that the seeds of those innovations that appear in Wittig’s most recent texts can be found as far back as L’Opoponax. This evidence of progression supports Ostrovsky’s theory that clues to Wittig’s future endeavors can be found in her past.
In 1907, in a quiet English village, Theodora Bosanquet answered Henry James’s call for someone to transcribe his edits and additions to his formidable body of work. The aging James had agreed to revise his novels and tales into the twenty-four-volume New York Edition. Enter Bosanquet, a budding writer who would record the dictated revisions and the prefaces that would become a lynchpin of his legacy.
Embracing the role of amanuensis and creative counterpoint cautiously at first, Bosanquet kept a daily diary over the nine years that she worked with James, as their extraordinary partnership evolved. Bosanquet became the first audience for James’s compositions and his closest literary associate—and their relationship ultimately resulted in James’s famed “deathbed dictations.” At the same time, the homosexuality of each was an unspoken but important influence on their mutual support and companionship.
Susan Herron Sibbet’s posthumous novel gifts us with the voice of a young woman writer drawn into the intimate circle of an aging master, and is a moving addition to previous literary treatments of James and Bosanquet, even as it hews closer to fact than other works do. The Constant Listener is itself the work of an accomplished poet, and will speak to fans of James, historical fiction, and themes of art, love, sexuality, and identity.
Acknowledged as one of the major sculptors and avant-garde artists of the twentieth century, Constantin Brancusi (1876–1957) was also one of the most elusive, despite his fame. His mysterious nature was not only due to his upbringing in Romania—which, at the time, was still regarded by much of Europe as a backward country haunted by vampires and werewolves—but also because Brancusi was aware that myth and an aura of otherness appealed to the public. His self-mythology remained intact until the publication of Brancusi in 1986 by Romanian artists Alexandre Istrati and Natalia Dumitresco, who made available a small selection of the archive of Brancusi’s correspondence. And in 2003, a comprehensive catalogue, which made the bulk of Brancusi’s private correspondence public for the first time, was published by the Centre Pompidou to accompany a retrospective on Brancusi’s work.
In Constantin Brancusi, Sanda Miller employs these extensive new resources to better assess Brancusi’s life and work in relationship to each other, providing valuable and innovative insights into his relationships with friends, collectors, dealers and lovers. Miller’s perceptive book allows Brancusi to finally take his rightful place among the most important of the intellectual personalities who shaped twentieth-century modernism.
This study of the Roman Empire in the age of Constantine offers a thoroughly new assessment of the part Christianity played in the Roman world of the third and fourth centuries.
Timothy D. Barnes gives the fullest available narrative history of the reigns of Diocletian and Constantine. He analyzes Constantine’s rise to power and his government, demonstrating how Constantine’s sincere adherence to Christianity advanced his political aims. He explores the whole range of Eusebius’ writings, especially those composed before Constantine became emperor, and shows that many attitudes usually deemed typical of the “Constantinian revolution” were prevalent before the new Christian empire came into existence. This authoritative political and cultural history of the age of Constantine will prove essential to students and historians of the ancient world.
At the age of twenty-two, Andronicus II became sole ruler of Byzantium. His father, Michael VIII, had been a dashing figure--a good soldier, brilliant diplomat, and the liberator of Constantinople from its fifty-seven-year Latin occupation. By contrast Andronicus seemed colorless and ineffectual. His problems were immense--partly as a result of his father's policies--and his reign proved to be a series of frustrations and disasters.
For forty-six years he fought to preserve the empire against constantencroachments. When he was finally deposed in 1328 by his grandson and co-emperor, Andronicus III, almost all of Asia Minor had been lost to the Turks, Westerners had taken over the defense of the Aegean, and the Catalan army he had invited to help him fight the Turks remained to fight the emperor.
In this penetrating account of Andronicus' foreign policy, Angeliki E. Laiou focuses on Byzantium's relations with the Latin West, the far-reaching domestic implications of the hostility of western Europe, and the critical decision that faced Andronicus: whether to follow his father's lead and allow Byzantium to become a European state or to keep it an Eastern, orthodox power.
The author, who argues that foreign policy cannot be understood without examining the domestic factors that influence, indeed create, it, devotes a large part of her study to domestic developments in Byzantium during Andronicus' reign-the decline of the power of the central government; the spread of semi-independent regional authorities; the state of finances, of the army, of the church.
She concludes that, contrary to common opinion, Andronicus II sincerely desired the union of the Greek and Latin churches, when, in the last years of his reign, he realized that the political situation made such a union necessary. Maintaining also that the conquest of Asia Minor by the Turks was not a foregone conclusion when Andronicus II came to the throne, she discusses at length the errors of policy and the manifold circumstances which combined to precipitate that loss.
Winner, 2023 NCA Diamond Anniversary Book Award
Winner, 2023 RSA Fellows' Early Career Award
Winner, 2023 Innovations in Community Writing Book Award from the Conference on Community Writing
Constellating Home: Trans and Queer Asian American Rhetorics explores how race, migration, gender, and disability entwine in conceptions of deserving citizens. V. Jo Hsu explores three archives of trans and queer Asian American (QTAPI) rhetorics, considering a range of texts including oral histories, photography, personal essays, and performance showcases. To demonstrate how QTAPI use personal narrative to critique and revise the conditions of their exclusion, Hsu forwards a critical approach to storytelling, homing, which deliberately engages sites of alienation and belonging. Through a practice of diasporic listening, Hsu tracks confluences among seemingly divergent journeys and locates trans and queer Asian American experiences within broader US and global politics.
This study may be the most sophisticated statistical study of legislative voting now in print. The author asks why legislators, especially U.S. senators, vote as they do. Are they influenced by their constituencies, party, committee leaders, the President? By taking a relatively short time span, the years 1961 to 1963, the author is able to give us answers far beyond any we have had before, and some rather surprising ones at that.
Constituencies played a different, but more important role in senators' voting than earlier studies have shown. Senators appeared to be responding both to the opinion held by their constituents on different issues and to the intensity with which these opinions were held. On the interrelation of constituencies and party, Mr. Jackson finds that Republicans and southern Democrats were particularly influenced by their voters.
The clearest cases of leadership influence were among the non-southern members of the Democratic Party. Western Republicans, on the other hand, rejected the leadership of party members for that of committee leaders. Finally, on Presidential leadership, Mr. Jackson shows that John F. Kennedy influenced senators only during the first two years of his administration. All of these findings challenge conventional wisdom and are bound to influence future work in legislative behavior.
Constituent and Pattern in Poetry is a collection of essays on literature and language. It is built on the assumption that works of literature have existence in the real world and that they may be analyzed in a fashion that is not totally subjective. Using models derived from structural linguistics, Archibald A. Hill presents a number of theoretical contributions to the study of poetry, as well as new ways of looking at specific poems. The book as a whole provides an overview of the tools and ideas Hill has developed for analyzing works of literature, and it is the first time the essays have been gathered together in one volume.
The book is divided into three sections: Definition of Literature and Study of Its Patterns, Types of Meaning and Imagery, and Principles for Interpreting Meaning. Each section opens with a theoretical essay, followed by three essays that work analytically with specific poets and poems using the methods defined in the first. In his examination of such poets as Hopkins, Browning, Milton, Blake, Keats, and Dickinson, Hill uses such proposals as the law of least lexical contribution and maximal contextual contribution; the hypothesis that, when possible meanings occur together in a cluster, they support each other; and the idea that it is sometimes possible to recover underlying language sequences from which the author has departed for identifiable reasons. By applying these suppositions to the study of particular poems, Hill shows how the reader may arrive at statements about the relative artistic merit of works of literature.
Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.
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.
This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.
The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival.
Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.
Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad.
Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
From the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies.
The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty.
Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
In recognition of the bicentennial of the Constitution of the United States, former chief justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others delivered papers at the first annual DeWitt Wallace Conference on the Liberal Arts, held at Macalester College, St. Paul.
Joining some of the best legal minds in America were novelist John Edgar Wideman, chemist Harry B. Gray, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton.
Opening the conference and this book, former chief Justice Burger emphasizes the daring of those who drafted the Constitution. Justice Scalia, noting the great reduction in curbs to freedom of expression since World War I, points out that the proliferation of freedom has forced courts to distinguish between types of expression.
Although the views expressed in these essays differ widely, opinion concerning the major issue falls into two definite camps: Burger, Scalia, and Dorsen contend that freedom of expression depends on the legal structure for survival; Wideman, Gray, Lifton, and Norton maintain that social forces determine freedom of expression.
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.
Constitutional Choices illuminates the world of scholarship and advocacy uniquely combined by Laurence Tribe, one of the nation’s leading professors of constitutional law and most successful practitioners before the Supreme Court. In his new hook, Tribe boldly moves beyond the seemingly endless debate over which judicial approaches to enforcing the Constitution are “legitimate” and which are not. Arguing that all claims to legitimacy must remain suspect, Tribe focuses instead on the choices that must nonetheless be made in resolving actual constitutional controversies. To do so, he examines problems as diverse as interstate banking, gender discrimination, church subsidies, the constitutional amendment process, the war powers of the President, and First Amendment protection of American Nazis.
Challenging the ruling premises underlying many of the Supreme Court’s positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve and defending its constitutional rulings by “balancing” what it counts as “costs” against what it deems “benefits.” Tribe explains how the Court’s “Calculus” systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices and of the principles and perspectives they reflect, Tribe exposes what has gone wrong and suggests how the Court can begin to reclaim the historic role entrusted to it by the Constitution.
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.
Americans have a love-hate relationship with government. Rejecting bureaucracy—but not the goods and services the welfare state provides—Americans have demanded that government be made to run like a business. Hence today’s privatization revolution.
But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers’ three-branch government.
What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants.
Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary—rather than disposable—components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government—and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges—and sketches the outlines of—a twenty-first-century bureaucratic renaissance.
Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.
In a series of remarkable forays, Robert Post develops an original account of how law functions in a democratic society. His work offers a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.
Drawing on work in sociology, philosophy, and political theory, Post demonstrates that the law establishes distinct and competing forms of social order: democracy, in which the law embodies the possibilities of collective self-determination; community, in which the law articulates and enforces a common social identity; and management, in which the law creates the conditions for accomplishing specific goals. Debates over the boundaries between these distinct domains, Post argues, are central to some of the most intractable problems of modern constitutional law. Here we see, for instance, how the controversy over the regulation of racist speech negotiates the boundary between communitarian and democratic forms of social ordering. We see how public forum doctrine, a crucial but notoriously mysterious component of First Amendment jurisprudence, arbitrates distinctions between the social domains of democracy and management. Taking up specific court cases, such as that against Hustler magazine and that allowing prayers before state legislatures, Post shows us what is actually at stake in these constitutional struggles.
A highly complex and sophisticated account of the operation of constitutional law in modern society, Constitutional Domains is essential reading for lawyers, social theorists, and makers of public policy.
Kennedy reveals how Schmitt’s argument for a strong but neutral state supported the maximization of market freedom at the cost of the political constitution. She argues that the major fault lines of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a culture of resentment and contested legitimacy—are not exceptions within the liberal-democratic orders of the West, but central to them. Contending that Schmitt’s thought remains vital today because liberal norms are inadequate to the political challenges facing constitutional systems as diverse as those of Eastern Europe and the United States, Kennedy develops a compelling, rigorous argument that unsettles many assumptions about liberalism, democracy, and dictatorship.
Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict—irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.
Constitutional History of the American Revolution
Volume I: The Authority of Rights
Volume II: The Authority to Tax
Volume III: The Authority to Legislate
Volume IV: The Authority of Law
John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
This is the first comprehensive study of the constitutionality of the Parliamentary legislation cited by the American Continental Congress as a justification for its rebellion against Great Britain in 1776. The content and purpose of that legislation is well known to historians, but here Reid places it in the context of eighteenth-century constitutional doctrine and discusses its legality in terms of the intellectual premises of eighteenth-century Anglo-American legal values.
The third installment in a planned four-volume work, The Authority to Legislate follows The Authority to Tax and The Authority of Rights. In this volume, Reid shows that the inflexibility of British constitutional principle left no room for settlement or change; Parliament became entrapped by the imperatives of the constitution it was struggling to preserve. He analyzes the legal theories put forward in support of Parliament’s authority to legislate and the specific precedents cited as evidence of that authority.
Reid’s examination of both the debate over the authority to legislate and the constitutional theory underlying the debate shows the extent to which the American Revolution and the Declaration of Independence were actions taken in defense of the rule of law. Considered as a whole, Reid’s Constitutional History of the American Revolution contributes to an understanding of the central role of legal and constitutional standards, especially concern for rule by law, in the development of the American nation.
This is the first comprehensive study of the constitutionality of the Parliamentary legislation cited by the American Continental Congress as a justification for its rebellion against Great Britain in 1776. The content and purpose of that legislation is well known to historians, but here John Phillip Reid places it in the context of eighteenth-century constitutional doctrine and discusses its legality in terms of the intellectual premises of eighteenth-century Anglo-American legal values.
The Authority of Law is the last of a four-volume work, preceded by The Authority to Tax, The Authority of Rights, and The Authority to Legislate. In these previous volumes, Reid argued that there would have been no rebellion had taxation been the only constitutional topic of controversy, that issues of rights actually played a larger role in the drafting of state and federal constitutions than they did in instigating a rebellion, and that the American colonists finally took to the battlefield against the British because of statutes that forced Americans to either concede the authority to legislate or leave the empire.
Expanding on the evidence presented in the first three volumes, The Authority of Law determines the constitutional issues dividing American whigs from British imperialists. Reid summarizes these issues as “the supremacy issue,” “the Glorious Revolution issue,” “the liberty issue,” and the “representation issue.” He then raises a compelling question: why, with so many outstanding lawyers participating in the debate, did no one devise a constitutionally legal way out of the standoff? Reid makes an original suggestion. No constitutional solution was found because the British were more threatened by American legal theory than the Americans were by British theory. British lawyers saw the future of liberty in Great Britain endangered by the American version of constitutional law.
Considered as a whole, Reid’s Constitutional History of the American Revolution contributes to an understanding of the central role of legal and constitutional standards, especially concern for rule by law, in the development of the American nation.
In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.
Jacobsohn argues that the presence of disharmony—both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate—is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.
The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society.
Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americans’ enduring faith that the Constitution’s promises can someday be redeemed, and the constitutional system be made “a more perfect union.”
A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise.
What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith—a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.
Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution?
In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.
At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world.
Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West
This comparative study of American state constitutions offers insightful overviews of the general and specific problems that have confronted America’s constitution writers since the founding. Each chapter reflects the constitutional history and theory of a single state, encompassing each document’s structure, content, and evolution.
The text is grounded in the model presented by constitutional scholar Donald S. Lutz in The Origins of American Constitutionalism so that even when a state has a relatively stable constitutional history, Lutz’s framework can be used to measure the evolving meaning of the document. With contributors drawn from state governments as well as academia, this is the first work to offer a framework by which state constitutions can be analyzed in relation to one another and to the federal Constitution.
The volume begins with chapters on the New England, Mid-Atlantic, Border, and Southern states. While regional similarities within and between the New England and Mid-Atlantic states are noteworthy, the colonial aspect of their history laid the foundation for national constitution-making. And while North and South moved in distinct directions, the Border states wrestled with conflicting constitutional traditions in the same way that they wrestled with their place in the Union.
Southern states that seceded are shown to have had a common set of problems in their constitutions, and the post–Civil War South emerged from that conflict with a constitutionalism that was defined for it by the war’s victors. These chapters reveal that constitutional self-definition, while not evident in all of the former Confederate states, has redeveloped in the South in the intervening 140 years.
Sections devoted to the Midwest, the Plains, the Mountain West, the Southwest, and the West reflect the special circumstances of states that arose from American expansion. Chapters describe how states of the Midwest, united by common roots in the Northwest Ordinance, wrote constitutions that were defined by that act’s parameters while reflecting the unique cultural and political realities of each state. Meanwhile, the Plains states developed a constitutionalism that was historically rooted in progressivism and populism, sometimes in the clash between these two ideologies.
Perhaps more than any other region, the Mountain West was defined by the physical landscape, and these chapters relate how those states were able to define their individual constitutional identities in spite of geography rather than because of it. And although western states borrowed heavily from those with much older constitutional traditions, the contributors reveal that they borrowed differently—and in different proportions—in order to craft constitutions that were uniquely adapted to their historical situation and peoples.
This work demonstrates the diversity of our governmental arrangements and provides a virtual introduction to the political culture of each—many offering stories of constitutional foundings that are rich with meaning. Although these fifty documents are defined in a federal context, state constitutions are necessary to complete the constitutionalism of the United States.
This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations.
Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.
A token of the world’s instability and of human powerlessness, chance is inevitably a crucial literary theme. It also presents formal problems: Must the artist struggle against chance in pursuit of a flawless work? Or does chance have a place in the artistic process or product? This book examines the representation and staging of chance in literature through the study of a specific case—the work of the twentieth-century French writer Georges Perec (1936–82).
In Constraining Chance, James explores the ways in which Perec’s texts exploit the possibilities of chance, by both tapping into its creative potential and controlling its operation. These works, she demonstrates, strive to capture essential aspects of human life: its "considerable energy" (Perec’s phrase), its boundless possibilities, but also the constraints and limitations that bind it. A member of the Ouvroir de littérature potentielle (known as Oulipo), Perec adopted the group’s dictum that the literary work should be "anti-chance"—a product of fully conscious creative processes. James shows how Perec gave this notion a twist, using Oulipian precepts both to explore the role of chance in human existence and to redefine the possibilities of literary form. Thus the investigation of chance links Perec’s writing methods, which harness chance for creative purposes, to the thematic exploration of causality, chance, and fate in his writings.
Constraining Chance has received early praise from scholars in the field. Warren F. Motte calls it "an erudite, engaging, intellectually intrepid reflection on the ways in which one of the most powerful authors of the twentieth century grappled with the notion of chance. [James] writes with both elegance and authority, inviting us to see Georges Perec's work through a new lens, one where chance may be viewed as a positive potential, fully enlisted in the service of ‘intentional’ literature."
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