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The Consolation of Philosophy
Boethius
Harvard University Press, 2010

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.

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The Consolations of Humor and Other Folklore Essays
Elliott Oring
Utah State University Press, 2023
The Consolations of Humor and Other Folklore Essays unfolds as a series of questions, commentaries, and criticisms of the analysis, interpretation, and explanation of folklore. Can we confidently regard jokes as the catharsis of sexual and aggressive impulses? What is the basis for characterizing a joke as Jewish or Scottish or Japanese? What do we really know about “dirty jokes”? How is a text or behavior constructed so that it is perceived as humorous? Can we get a computer to reliably recognize jokes? What is the relevance of memetics and a Darwinian paradigm to understanding folklore change over time? Can we identify laws operating in the realm of folklore? How can the marginalization, extinction, or continuity of traditions be explained? In the course of addressing these questions, Elliott Oring identifies some fundamental problems, brings new evidence and observations to the discussion, and proffers some original and startling insights.

While recognizing the study of jokes and other forms of folklore as a humanistic endeavor, Oring believes in the relevance of a scientific perspective to the enterprise. He values clear definitions, tests of hypotheses and theories, empirical evidence, experiment, and the search for laws. Written in a sophisticated yet accessible style, The Consolations of Humor and Other Folklore Essays stimulates both scholars and students alike and contributes to the creation of a more robust folkloristics in the twenty-first century.
 
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Console and Classify
The French Psychiatric Profession in the Nineteenth Century
Jan E. Goldstein
University of Chicago Press, 2001
Since its publication in 1989, Console and Classify has become a classic work in the history of science and in French intellectual history. Now with a new afterword, this much-cited and much-discussed book gives readers the chance to revisit the rise of psychiatry in nineteenth-century France, the shape it took and why, and its importance both then and in contemporary society.

"Goldstein has raised our understanding of the politics of psychiatric professionalization on to a new plane."—Roy Porter, Times Higher Education Supplement

"[A]n historiographical tour de force, quite simply the most insightful work on the subject in English or any other language. . . . [A] work of distinctive originality. . . . It is written with lucidity and elegance, even a certain confident scholarly panache, that make it a pleasure to read."—Toby Gelfand, Social History

"Exhaustively researched, elegantly written, and persuasively argued, Console and Classify is an excellent example of the . . . sociologically informed intellectual history, stimulated by Kuhn and Foucault."—Robert Alun Jones, American Journal of Sociology
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Conspicuous Bodies
Provincial Belief and the Making of Joyce and Rushdie
Jean Kane
The Ohio State University Press, 2014
In Conspicuous Bodies: Provincial Belief and the Making of Joyce and Rushdie, Jean Kane re-examines the literature of James Joyce and Salman Rushdie from a post-secularist perspective, arguing that their respective religions hold critical importance in their works. Though Joyce and Rushdie were initially received as cosmopolitans, both authors subsequently reframed their public images and aligned themselves instead with a provincial religious identity, which emphasized the interconnections between religious devotion and embodiment. At the same time, both Joyce and Rushdie managed to resist the doctrinal content of their religions.
 
Conspicuous Bodies presents Joyce as a founder and Rushdie as an inheritor of a distinctive discourse of belief about the importance of physical bodies and knowledge in religious practice. In doing so, it moves the reception of Joyce and Rushdie away from what previous critics have emphasized—away from questions of aesthetics and from  a narrow understanding of belief—and instead questions the assumption that belief should be segregated from matters of physicality and knowledge. Kane reintroduces the concept of spiritual embodiment in order to expand our understanding of what counts as spiritual agency in non-western and minority literatures.
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Conspiracies of Conspiracies
How Delusions Have Overrun America
Thomas Milan Konda
University of Chicago Press, 2019
It’s tempting to think that we live in an unprecedentedly fertile age for conspiracy theories, with seemingly each churn of the news cycle bringing fresh manifestations of large-scale paranoia. But the sad fact is that these narratives of suspicion—and the delusional psychologies that fuel them—have been a constant presence in American life for nearly as long as there’s been an America.

In this sweeping book, Thomas Milan Konda traces the country’s obsession with conspiratorial thought from the early days of the republic to our own anxious moment. Conspiracies of Conspiracies details centuries of sinister speculations—from antisemitism and anti-Catholicism to UFOs and reptilian humanoids—and their often incendiary outcomes. Rather than simply rehashing the surface eccentricities of such theories, Konda draws from his unprecedented assemblage of conspiratorial writing to crack open the mindsets that lead people toward these self-sealing worlds of denial. What is distinctively American about these theories, he argues, is not simply our country’s homegrown obsession with them but their ongoing prevalence and virulence. Konda proves that conspiracy theories are no harmless sideshow. They are instead the dark and secret heart of American political history—one that is poisoning the bloodstream of an increasingly sick body politic.
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The Conspiracy Against Hitler in the Twilight War
Harold C. Deutsch
University of Minnesota Press, 1968

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.'"

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Conspiracy Narratives from Postcolonial Africa
Freemasonry, Homosexuality, and Illicit Enrichment
Rogers Orock and Peter Geschiere
University of Chicago Press
Decoding conspiracy thinking at the nexus of sexuality, Freemasonry, and the occult.
 
In this book, anthropologists Rogers Orock and Peter Geschiere examine the moral panic over a perceived rise in homosexuality that engulfed Cameroon and Gabon beginning in the early twenty-first century. As they uncover the origins of the conspiratorial narratives that fed this obsession, they argue that the public’s fears were grounded in historically situated assumptions about the entanglement of same-sex practices, Freemasonry, and illicit enrichment.
 
This specific panic in postcolonial Central Africa fixated on high-ranking Masonic figures thought to lure younger men into sex in exchange for professional advancement. The authors’ thorough account shows how attacks on elites as homosexual predators corrupting the nation became a powerful outlet for mounting populist anger against the excesses and corruption of the national regimes. Unraveling these tensions, Orock and Geschiere present a genealogy of Freemasonry, taking readers from London through Paris to Francophone Africa and revealing along the way how the colonial past was articulated with local assumptions linking same-sex practices to enrichment.
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Conspiracy Narratives in Roman History
By Victoria Emma Pagán
University of Texas Press, 2005

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.

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The Conspiracy of Capital
Law, Violence, and American Popular Radicalism in the Age of Monopoly
Michael Mark Cohen
University of Massachusetts Press, 2019
Between the 1880s and 1920s, a broad coalition of American dissidents, which included rabble-rousing cartoonists, civil liberties lawyers, socialist detectives, union organizers, and revolutionary martyrs, forged a culture of popular radicalism that directly challenged an emergent corporate capitalism. Monopoly capitalists and their allies in government responded by expanding conspiracy laws and promoting conspiracy theories in an effort to destroy this anti-capitalist movement. The result was an escalating class conflict in which each side came to view the other as a criminal conspiracy.

In this detailed cultural history, Michael Mark Cohen argues that a legal, ideological, and representational politics of conspiracy contributed to the formation of a genuinely revolutionary mass culture in the United States, starting with the 1886 Haymarket bombing. Drawing on a wealth of primary sources, The Conspiracy of Capital offers a new history of American radicalism and the alliance between the modern business corporation and national security state through a comprehensive reassessment of the role of conspiracy laws and conspiracy theories in American social movements.
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A Conspiracy of Ravens
A Compendium of Collective Nouns for Birds
Compiled by Samuel Fanous
Bodleian Library Publishing, 2014
A charm of goldfinches. An ostentation of peacocks. A murder of crows. The English language brims with witty words for flocks of birds! Thought to have originated from hunting manuals, the practice of inventing collective nouns for birds has since evolved into a sport all its own, with new words striving to perfectly capture the essence of each bird.
           
A Conspiracy of Ravens presents readers with a compendium of collective bird nouns from the distant and not-so-distant past. Some of the nouns are portentous, like a tiding of magpies. Others, like a murmuration of starlings or a chattering of choughs, convey sound. Still more reflect with literary flourish the beauty of the bird: what could be more celebratory than a crown of kingfishers or an exaltation of larks? Featuring songbirds, aquatic birds, garden favorites, and birds of prey, this book collects more than one hundred of the best and most imaginative expressions and illustrates them with charming woodcuts by the eighteenth-century artist and naturalist Thomas Bewick.
           
A beautiful and entertaining read, A Conspiracy of Ravens will delight bird-lovers and word-lovers in equal measure.
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Conspiracy Theories and the Failure of Intellectual Critique
Kurtis Hagen
University of Michigan Press, 2022

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.
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Conspiracy Theories
Secrecy and Power in American Culture
Mark Fenster
University of Minnesota Press, 2008

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Conspiracy Theories
Secrecy and Power in American Culture
Mark Fenster
University of Minnesota Press, 2001
JFK, Karl Marx, the Pope, Aristotle Onassis, Queen Elizabeth II, Howard Hughes, Fox Mulder, Bill Clinton--all have been linked to vastly complicated global (or even galactic) intrigues. In this enlightening tour of conspiracy theories, Mark Fenster guides readers through this shadowy world and analyzes its complex role in American culture and politics. Fenster argues that conspiracy theories are a form of popular political interpretation and contends that understanding how they circulate through mass culture helps us better understand our society as a whole. To that end, he discusses Richard Hofstadter's The Paranoid Style in American Politics, the militia movement, The X-Files, popular Christian apocalyptic thought, and such artifacts of suspicion as The Turner Diaries, the Illuminatus! trilogy, and the novels of Richard Condon. Fenster analyzes the "conspiracy community" of radio shows, magazine and book publishers, Internet resources, and role-playing games that promote these theories. In this world, the very denial of a conspiracy's existence becomes proof that it exists, and the truth is always "out there." He believes conspiracy theory has become a thrill for a bored subculture, one characterized by its members' reinterpretation of "accepted" history, their deep cynicism about contemporary politics, and their longing for a utopian future. Fenster's progressive critique of conspiracy theories both recognizes the secrecy and inequities of power in contemporary politics and economics and works toward effective political engagement. Probing conspiracy theory's tendencies toward scapegoating, racism, and fascism, as well as Hofstadter's centrist acceptance of a postwar American "consensus," he advocates what conspiracy theory wants but cannot articulate: a more inclusive, engaging political culture. "Fenster, a lone writer (the literary equivalent of a lone gunman, perhaps), segues from the novels of Thomas Pynchon to the Clinton Death List. . . . Conspiracy Theories is a dangerous book. I suspect 'they' (and you know who I mean, of course) will take care of this lone writer any day now."--Bookforum "Fenster makes a powerful argument for regarding conspiracism as an integral product of the political system, reflecting inadequacies the establishment itself is blind to and expressing strong desires for the realization of frustrated ideals. Conspiracy Theories is a fascinating look at an important, little-studied topic. Informative and thought-provoking." --Philadelphia City Paper "Fenster culls the liveliest counterintelligences out there--the Michigan Militia, religious millennialists, Chris Carter, even Oliver Stone--and sets them up as the last idealists. They might be obsessive and maniacal, but they're after a transparent political system, where big business and the government can be held accountable. Their 'paranoid style,' according to Fenster, is just old-school populism refitted for the media age." --Voice Literary Supplement "Fenster makes a powerful argument for regarding conspiracism as an integral product of the political system, reflecting inadequacies the establishment itself is blind to and expressing strong desires for the realization of frustrated ideals. Conspiracy Theories is a fascinating look at an important, little-studied topic. Informative and thought-provoking." Philadelphia City Paper "Fenster's careful examination of conspiratorial beliefs as evidence by right-wing groups, by various media, and even by those who devise such theories as a form of ludic or satiric endeavor (like Robert Anton Wilson) is revealing. And his articulation of the set of political-rather than pathological-reasons for their behavior is salutary." --American Book Review "Fenster's extensive and impressive research provided a means of coming to terms with the radical disjunction between the interpretive framework which I used to understand events such as the one at Littleton, and a framework at odds with my own which was now confronting me on a daily basis." --Canadian Journal of Communication "In this lively and wide-ranging critique, Fenster argues that conspiracy theories are attempts to engage in a more inclusive political culture." --Religious Studies Review "Mark Fenster has provided a solid and illuminating study of the public's fascination with conspiracy theories and sets forth a stimulating correlation between the popularity of such theories and the social and political values of our society. This is a comprehensive and intriguing analysis of our often obsessive interest in conspiracy theories." --Gerald Posner, author of Killing the Dream : James Earl Ray and the Assassination of Martin Luther King, Jr. and Case Closed : Lee Harvey Oswald and the Assassination of JFK "I find the issue of conspiracy theory compelling and appreciate Fenster's fruitful approach to what has been mysteriously ignored by the academy." --Barbie Zelizer, author of Covering the Body: The Kennedy Assassination, the Media, and the Shaping of Collective Memory "Fenster shines a powerful light on the fantasies of secrecy that pervade American culture, illuminating both the way they originate and how they work. His analysis is theoretically acute, his criticism of previous scholarly studies is compelling, and he offers razor-sharp readings of an impressive array of movements, events, and cultural practices. He stands out, above all, for his ability to capture the power and appeal of conspiratorial understandings of politics even as he explains their fundamental political limitations. The only thing that can keep this book from having the impact it deserves is a vast, academic conspiracy." --Mark T. Reinhardt, Williams College Mark Fenster received his Ph.D. in communication from the University of Illinois and his law degree from Yale University. He currently lives in Denver.
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Conspiracy Theory in America
By Lance deHaven-Smith
University of Texas Press, 2013

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.

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Conspiracy Theory in Latin Literature
By Victoria Emma Pagán
University of Texas Press, 2012

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.

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The Conspiracy Trial of the Chicago Seven
John Schultz
University of Chicago Press, 2009

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. 

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Conspiracy/Theory
Joseph Masco and Lisa Wedeen, editors
Duke University Press, 2024
In an era of intensified information warfare, ranging from global disinformation campaigns to individual attention hacks, what are the compelling terms for political judgment? How are we to build the knowledge needed to recognize and address important forms of harm when critical information is either not to be trusted or kept hidden? Rather than approach conspiratorial narrative as an irrational response to an obviously decipherable reality, Conspiracy/Theory identifies important affinities between conspiracy theory and critical theory. It recognizes the motivation people have—in their capacities as experts, theorists, and ordinary citizens—to search for patterns in events, to uncover what is covert and attend to dimensions of life that might be hiding in plain sight. If it seems strange that so many find themselves living in incommensurable, disorienting realities, the multidisciplinary contributors to Conspiracy/Theory explore how and why that came to be. Across history and geography, contributors inquire into the affects and imaginaries of political mobilization, tracking counterrevolutionary projects while acknowledging collective futures that demand conspiratorial engagement.

Contributors. Nadia Abu El-Haj, Hussein Ali Agrama, Kathleen Belew, Elizabeth Anne Davis, Joseph Dumit, Faith Hillis, Lochlann Jain, Demetra Kasimis, Susan Lepselter, Darryl Li, Louisa Lombard, Joseph Masco, Robert Meister, Timothy Melley, Rosalind C. Morris, George Shulman, Lisa Wedeen
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A Conspiratorial Life
Robert Welch, the John Birch Society, and the Revolution of American Conservatism
Edward H. Miller
University of Chicago Press, 2021
The first full-scale biography of Robert Welch, who founded the John Birch Society and planted some of modern conservatism’s most insidious seeds.
 
Though you may not know his name, Robert Welch (1899-1985)—founder of the John Birch Society—is easily one of the most significant architects of our current political moment. In A Conspiratorial Life, the first full-scale biography of Welch, Edward H. Miller delves deep into the life of an overlooked figure whose ideas nevertheless reshaped the American right.

A child prodigy who entered college at age 12, Welch became an unlikely candy magnate, founding the company that created Sugar Daddies, Junior Mints, and other famed confections. In 1958, he funneled his wealth into establishing the organization that would define his legacy and change the face of American politics: the John Birch Society. Though the group’s paranoiac right-wing nativism was dismissed by conservative thinkers like William F. Buckley, its ideas gradually moved from the far-right fringe into the mainstream. By exploring the development of Welch’s political worldview, A Conspiratorial Life shows how the John Birch Society’s rabid libertarianism—and its highly effective grassroots networking—became a profound, yet often ignored or derided influence on the modern Republican Party. Miller convincingly connects the accusatory conservatism of the midcentury John Birch Society to the inflammatory rhetoric of the Tea Party, the Trump administration, Q, and more. As this book makes clear, whether or not you know his name or what he accomplished, it’s hard to deny that we’re living in Robert Welch’s America.
 
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Constables, Marshals, and More
Forgotten Offices in Texas Law Enforcement
Lorie Rubenser
University of North Texas Press, 2011

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Constance Baker Motley
One Woman's Fight for Civil Rights and Equal Justice under Law
Gary L. Ford Jr.
University of Alabama Press, 2017
When the name Constance Baker Motley is mentioned, more often than not, the response is “Who was she?” or “What did she do?” The answer is multifaceted, complex, and inspiring.

Constance Baker Motley was an African American woman; the daughter of immigrants from Nevis, British West Indies; a wife; and a mother who became a pioneer and trailblazer in the legal profession. She broke down barriers, overcame gender constraints, and operated outside the boundaries placed on black women by society and the civil rights movement. In Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice under Law, Gary L. Ford Jr. explores the key role Motley played in the legal fight to desegregate public schools as well as colleges, universities, housing, transportation, lunch counters, museums, libraries, parks, and other public accommodations.
 
The only female attorney at the NAACP Legal Defense and Educational Fund, Inc., Motley was also the only woman who argued desegregation cases in court during much of the civil rights movement. From 1946 through 1964, she was a key litigator and legal strategist for landmark civil rights cases including the Montgomery Bus Boycott and represented Martin Luther King Jr. as well as other protesters arrested and jailed as a result of their participation in sit-ins, marches, and freedom rides.
 
Motley was a leader who exhibited a leadership style that reflected her personality traits, skills, and strengths. She was a visionary who formed alliances and inspired local counsel to work with her to achieve the goals of the civil rights movement. As a leader and agent of change, she was committed to the cause of justice and she performed important work in the trenches in the South and behind the scene in courts that helped make the civil rights movement successful.
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Constance Fenimore Woolson
Selected Stories And Travel Narratives
Victoria Brehm
University of Tennessee Press, 2004
American writer and world traveler Constance Fenimore Woolson (1840–1894) was author of more than fifty short stories, four novels, a novella, and numerous poems and travel essays. During her lifetime, she achieved both popular and critical success, but much of her work is no longer available. This volume, as the first anthology to collect representative samples of her stories, travel sketches, poems, and correspondence, represents a major advance toward re-establishing her place in nineteenth-century literature and letters. As these pieces demonstrate, Woolson offered keen observations on the issues she cared most deeply about, namely the cultural and political transformation of the United States in the wake of the Civil War, the status of women writers and artists in the nineteenth century, and the growing implications of nationalism and imperialism.

Woolson grew up in Cleveland, Ohio, and began her career writing regional travel stories about the closing of the American frontier in the old Northwest Territories (now known as the Great Lakes region). During the Civil War, she worked for a variety of Union causes and in 1873 moved to St. Augustine, Florida. Traveling throughout the South, she wrote stories and travel narratives that highlighted the wholesale changes facing Americans after the Civil War.

In 1879, Woolson left the United States for Europe. There, she engaged her passion for nature and exercised her gift for social satire. In her European writings, she deplored the Americans’ slavish devotion to the ubiquitous guidebooks of the nineteenth century, and she chose instead to spend long periods of time in one place in order to better learn about it. Throughout her time in Europe (including visits to North Africa), Woolson often commented that she could not describe landscapes, only experience them. By the time of her death in Venice at age fifty-three, she had become convinced that the colonial agendas of the United States and Europe would transform landscapes and peoples in far-reaching and ultimately dangerous ways.

This collection features selections from each of the three distinct periods of Woolson’s career and includes a chronology of her life and travels. Focusing primarily on Woolson’s short stories, editors Victoria Brehm and Sharon L. Dean also include a representative letter, poem, and travel sketch for each section.

Victoria Brehm is associate professor of English at Grand Valley State University. She is editor of three anthologies, including “A Fully Accredited Ocean”: Essays on the Great Lakes and Sweetwater, Storms, and Spirits: Stories of the Great Lakes.

Sharon L. Dean is professor of English at Rivier College and is author of Constance Fenimore Woolson: Homeward Bound and Constance Fenimore Woolson and Edith Wharton: Perspectives on Landscape and Art.


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Constance Pascal (1877–1937)
Authority, Femininity and Feminism in French Psychiatry
Felicia Gordon
University of London Press, 2014
Constance Pascal’s career in French psychiatry from 1908 to 1937 exemplifies the opportunities open to women in the French Third Republic as well as the prejudices they encountered. As the first woman psychiatrist in France, Pascal, of Romanian origin, attained professional success at the cost of suppressing her personal life. Best known for her work on dementia praecox, she founded one of the first schools in France for children with severe learning difficulties, and made remarkable contributions in the reform of asylum practices and, influenced by Freudian psychoanalysis, in psychotherapeutic intervention. Her feminism is demonstrated by her distinguished, often contentious, career in a hitherto all male profession and by her support for other women in their professional roles. Her unjustly neglected life story illuminates many of the conflicts experienced by women entering the professions during the belle époque and the inter-war years. The study’s scholarly authority and ambitious theoretical range do not detract from its lively sense of the person and life struggles of the subject making this a fine demonstration of life history research enthralling for the general reader and expert alike.
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Constance Ring
Amalie Skram
Northwestern University Press, 2002
Initially rejected by the author's scandalized publisher, Constance Ring is now considered a classic of Scandinavian-and world-literature, a passionate condemnation of marriage and moral hypocrisy that has drawn comparisons to Madame Bovary and The Awakening. The story of a naive young woman who sets out to divorce her loving but adulterous husband, Constance Ring is an intimate portrayal of a vibrant woman's refusal to yield to the forces that constrict women's lives in a society that offers them few choices.
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Constancy and Change in Human Development
Orville G. Brim Jr.
Harvard University Press, 1980

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.

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Constancy and the Ethics of Jane Austen's 'Mansfield Park'
Joyce Kerr Tarpley
Catholic University of America Press, 2010
Constancy and the Ethics of Jane Austen's Mansfield Park offers a rigorous philosophical examination of the novel, the first book-length, close reading to do so.
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A Constant Journey
The Fiction of Monique Wittig
Erika Ostrovsky
Southern Illinois University Press, 1991

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.

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The Constant Listener
Henry James and Theodora Bosanquet—An Imagined Memoir
Susan Herron Sibbet
Ohio University Press, 2017

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.

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A Constant Struggle
Deaf Education in New South Wales Since World War II
Naomi Malone
Gallaudet University Press, 2019
Deaf education in New South Wales has made tremendous progress since the end of World War II, yet issues remain for students from their early years of education through secondary high school. Naomi Malone traces the roots of these issues and argues that they persist due to the historical fragmentation within deaf education regarding oralism (teaching via spoken language) and manualism (teaching via sign language). She considers the early prevalence of oralism in schools for deaf students, the integration of deaf students into mainstream classrooms, the recognition of Australian Sign Language as a language, and the growing awareness of the diversity of deaf students. Malone’s historical assessments are augmented by interviews with former students and contextualized with explanations of concurrent political and social events. She posits that deaf people must be consulted about their educational experiences and that they must form a united social movement to better advocate for improved deaf education, regardless of communication approach.
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Constantin Brancusi
Sanda Miller
Reaktion Books, 2010

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.

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Constantine and Eusebius
Timothy D. Barnes
Harvard University Press, 1981

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.

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Constantinople and the Latins
The Foreign Policy of Andronicus II, 1282-1328
Angeliki E. Laiou
Harvard University Press, 1972

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.

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Constantinople and the West
Essays on the Late Byzantine (Palaeologan) and Italian Renaissances and the Byzantine and Roman Churches
Deno John Geanakoplos
University of Wisconsin Press, 1989
Deno John Geanakoplos demonstrates the fusion of Byzantine and Latin cultural and ecelsiastical relations in the Renaissance.
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Constellating Home
Trans and Queer Asian American Rhetorics
V. Jo Hsu
The Ohio State University Press, 2022

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.

The stories at the heart of Constellating Home center the voices of trans and nonbinary people, disabled people, and others often overlooked in conceptions of US citizenry. Hsu’s analyses demonstrate the inextricability of Asian American activism from queer politics, disability activism, and racial justice, and they consider how stories network individual experiences with resonant histories and struggles. Finding unlikely intimacies among individual and communal histories, Constellating Home provides tools for fostering mutual care, revealing harmful social patterns, and orienting shared values and politics.
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Constellations of Inequality
Space, Race, and Utopia in Brazil
Sean T. Mitchell
University of Chicago Press, 2017
Winner of the 2018 Latin American Studies Association (LASA) Brazil Section Book Prize

In 1982, the Brazilian Air Force arrived on the Alcântara peninsula to build a state-of-the-art satellite launch facility. They displaced some 1,500 Afro-Brazilians from coastal land to inadequate inland villages, leaving many more threatened with displacement. Completed in 1990, this vast undertaking in one of Brazil’s poorest regions has provoked decades of conflict and controversy.
 
Constellations of Inequality tells this story of technological aspiration and the stark dynamics of inequality it laid bare. Sean T. Mitchell analyzes conflicts over land, ethnoracial identity, mobilization among descendants of escaped slaves, military-civilian competition in the launch program, and international intrigue. Throughout, he illuminates Brazil’s changing politics of inequality and examines how such inequality is made, reproduced, and challenged. How people conceptualize and act on the unequal conditions in which they find themselves, he shows, is as much a cultural and historical matter as a material one. Deftly broadening our understanding of race, technology, development, and political consciousness on local, national, and global levels, Constellations of Inequality paints a portrait of contemporary Brazil that will interest a broad spectrum of readers. 
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Constituencies and Leaders in Congress
Their Effects on Senate Voting Behavior
John E. Jackson
Harvard University Press, 1974

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.

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Constituent and Pattern in Poetry
By Archibald A. Hill
University of Texas Press, 1976

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.

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Constituent Interests and U.S. Trade Policies
Alan V. Deardorff and Robert M. Stern
University of Michigan Press, 1998
The contributors to this volume, economists and political scientists from academic institutions, the private sector, and the Ways and Means Committee of the U.S. House of Representatives, came together to discuss an important topic in the formation of U.S. international trade policy: the representation of constituent interests. In the resulting volume they address the objectives of groups who participate in the policy process and examine how each group's interests are identified and promoted. They look at what means are used for these purposes, and the extent to which the groups' objectives and behavior conform to how the political economy of trade policy is treated in the economic and political science literature. Further, they discuss how effective each group has been.
Each of the book's five parts offers a coherent view of important components of the topic. Part I provides an overview of the normative and political economy approaches to the modeling of trade policies. Part 2 discusses the context of U.S. trade policies. Part 3 deals with the role of sectoral producing interests, including the relationship of trade policy to auto, steel, textile, semiconductor, aircraft, and financial services. Part 4 examines other constituent interests, including the environment, human rights, and the media. Part 5 provides commentary on such issues as the challenges that trade policy poses for the new administration and the 105th Congress.
The volume ultimately offers important and more finely articulated questions on how trade policy is formed and implemented.
Contributors are Robert E. Baldwin, Jagdish Bhagwati, Douglas A. Brook, Richard O. Cunningham, Jay Culbert, Alan V. Deardorff, I. M. Destler, Daniel Esty, Geza Feketekuty, Harry Freeman, John D. Greenwald, Gene Grossman, Richard L. Hall, Jutta Hennig, John H. Jackson, James A. Levinsohn, Mustafa Mohatarem, Robert Pahre, Richard C. Porter, Gary R. Saxonhouse, Robert E. Scott, T. N. Srinivasan, Robert M. Stern, Joe Stroud, John Sweetland, Raymond Waldmann, Marina v.N. Whitman, and Bruce Wilson.
Alan V. Deardorff and Robert M. Stern are Professors of Economics and Public Policy, University of Michigan.
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Constituent Moments
Enacting the People in Postrevolutionary America
Jason Frank
Duke University Press, 2010
Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice.

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.

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Constituting Americans
Cultural Anxiety and Narrative Form
Priscilla Wald
Duke University Press, 1995
Ever since the founders drafted "We the People," "we" have been at pains to work out the contradictions in their formulation, to fix in words precisely what it means to be American. Constituting Americans rethinks the way that certain writers of the mid-nineteenth and early twentieth century contributed to this project; in doing so, it revises the traditional narrative of U.S. literary history, restoring an essential chapter to the story of an emerging American cultural identity. In diverse ways, very different writers—including Frederick Douglass, Herman Melville, Harriet Wilson, W. E. B. Du Bois, and Gertrude Stein—participated in the construction and dissemination of an American identity, but none was entirely at ease in the culture they all helped to define. Evident in their work is a haunting sense of their telling someone else’s story, a discomfort that Priscilla Wald reads in the context of legal and political debates about citizenship and personhood that marked the emergence of the United States as a nation and a world power.
From early-nineteenth-century Supreme Court cases to turn-of-the-century Jim Crow and immigration legislation, from the political speeches of Abraham Lincoln to the historical work of Woodrow Wilson, nation-builders addressed the legal, political, and historical paradoxes of American identity. Against the backdrop of their efforts, Wald shows how works such as Douglass’s autobiographical narratives, Melville’s Pierre, Wilson’s Our Nig, Du Bois’s The Souls of Black Folks, and Stein’s The Making of Americans responded, through formal innovations, to the aggressive demands for literary participation in the building of that nation. The conversation that emerges among these literary works challenges the definitions and genres that largely determine not only what works are read, but also how they are read in classrooms in the United States today.
Offering insight into the relationship of storytelling to national identity, Constituting Americans will compel the attention of those with an interest in American literature, American studies, and cultural studies.
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Constituting Central American–Americans
Transnational Identities and the Politics of Dislocation
Cárdenas, Maritza E
Rutgers University Press, 2018
Central Americans are the third largest and fastest growing Latino population in the United States. And yet, despite their demographic presence, there has been little scholarship focused on this group. Constituting Central American-Americans is an exploration of the historical and disciplinary conditions that have structured U.S. Central American identity and of the ways in which this identity challenges how we frame current discussions of Latina/o, American ethnic, and diasporic identities. By focusing on the formation of Central American identity in the U.S., Maritza E. Cárdenas challenges us to think about Central America and its diaspora in relation to other U.S. ethno-racial identities.  
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Constituting Critique
Kant’s Writing as Critical Praxis
Willi Goetschel
Duke University Press, 1994
Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In Constituting Critique, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three Critiques, this book offers a new perspective on Kant’s philosophical thought and practice.
Constituting Critique traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature.
By situating the Critiques within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant.
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Constituting Old Age in Early Modern English Literature, from Queen Elizabeth to King Lear
Christopher Martin
University of Massachusetts Press, 2012
How did Shakespeare and his contemporaries, whose works mark the last quarter century of Elizabeth I's reign as one of the richest moments in all of English literature, regard and represent old age? Was late life seen primarily as a time of withdrawal and preparation for death, as scholars and historians have traditionally maintained? In this book, Christopher Martin examines how, contrary to received impressions, writers and thinkers of the era—working in the shadow of the kinetic, long-lived queen herself—contested such prejudicial and dismissive social attitudes.

In late Tudor England, Martin argues, competing definitions of and regard for old age established a deeply conflicted frontier between external, socially "constituted" beliefs and a developing sense of an individual's "constitution" or physical makeup, a usage that entered the language in the mid-1500s. This space was further complicated by internal divisions within the opposing camps. On one side, reverence for the elder's authority, rooted in religious and social convention, was persistently challenged by the discontents of an ambitious younger underclass. Simultaneously, the aging subject grounded an enduring social presence and dignity on a bodily integrity that time inevitably threatened. In a historical setting that saw both the extended reign of an aging monarch and a resulting climate of acute generational strife, this network of competition and accommodation uniquely shaped late Elizabethan literary imagination. Through fresh readings of signature works, genres, and figures, Martin redirects critical attention to this neglected aspect of early modern studies.
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Constituting Workers, Protecting Women
Gender, Law and Labor in the Progressive Era and New Deal Years
Julie Novkov
University of Michigan Press, 2001
Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system.
During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine.
The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning.
Julie Novkov is Assistant Professor of Political Science, University of Oregon
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Constituting Workers, Protecting Women
Gender, Law and Labor in the Progressive Era and New Deal Years
Julie Novkov
University of Michigan Press
Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system.
During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine.
The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning.
Julie Novkov is Assistant Professor of Political Science, University of Oregon
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The Constitution and the New Deal
G. Edward White
Harvard University Press, 2000

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.

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The Constitution Besieged
The Rise & Demise of Lochner Era Police Powers Jurisprudence
Howard Gillman
Duke University Press, 1993
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." Originally published in cloth by Duke University Press, this book received the 1994 C. Herman Pritchett Award for the "Best Book in the Field of Law and Courts," awarded by the Law and Courts Section of the American Political Science Association.
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The Constitution in Conflict
Robert A. Burt
Harvard University Press
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln’s conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
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The Constitution in Congress
Democrats and Whigs, 1829-1861
David P. Currie
University of Chicago Press, 2005
The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers.

Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.
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The Constitution in Congress
Descent into the Maelstrom, 1829-1861
David P. Currie
University of Chicago Press, 2005

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.

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The Constitution in Congress
The Federalist Period, 1789-1801
David P. Currie
University of Chicago Press, 1997
In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government.

"A joy to read."—Appellate Practive Journal and Update

"[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement
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The Constitution in Congress
The Jeffersonians, 1801-1829
David P. Currie
University of Chicago Press, 2001
Because of the judicial branch's tremendous success in reviewing
legislative and executive action in the United States, legal scholars
have traditionally looked only to the courts for guidance in
interpreting the Constitution. This, the second book in David P.
Currie's multivolume series, looks to the legislative and executive
branches for insights into the development of constitutional
interpretation.

Currie examines the period of Republican hegemony from the
inauguration of Thomas Jefferson in 1801 to the election of Andrew
Jackson in 1829. During this time of great leadership and
controversy, many benchmark issues—the abolition of the new Circuit
Courts, the Louisiana Purchase, the Burr conspiracy, the War of 1812,
the Monroe Doctrine, and the Missouri Compromise, among others—were
debated and decided almost exclusively in the legislative and
executive arenas. With its uniquely legal perspective and
comprehensive coverage, The Constitution in Congress
illustrates how the executive and legislative branches matched the
Supreme Court in putting flesh and blood onto the skeleton of the
Constitution.


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The Constitution in the Supreme Court
The First Hundred Years, 1789-1888
David P. Currie
University of Chicago Press, 1985
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years.

"A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
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The Constitution in the Supreme Court
The Second Century, 1888-1986
David P. Currie
University of Chicago Press, 1990
The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts.

"Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."—Robert Stevens, New York Times Book Review
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The Constitution in Wartime
Beyond Alarmism and Complacency
Mark Tushnet, ed.
Duke University Press, 2005
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today.

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

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The Constitution of Liberty
F. A. Hayek
University of Chicago Press, 1978
"One of the great political works of our time, . . . the twentieth-century successor to John Stuart Mill's essay, 'On Liberty.'"—Henry Hazlitt, Newsweek

"A reflective, often biting, commentary on the nature of our society and its dominant thought by one who is passionately opposed to the coercion of human beings by the arbitrary will of others, who puts liberty above welfare and is sanguine that greater welfare will thereby ensue."—Sidney Hook, New York Times Book Review

In this classic work Hayek restates the ideals of freedom that he believes have guided, and must continue to guide, the growth of Western civilization. Hayek's book, first published in 1960, urges us to clarify our beliefs in today's struggle of political ideologies.
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The Constitution of Liberty
The Definitive Edition
F. A. Hayek
University of Chicago Press, 2011

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.

 
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The Constitution of Society
Edward Shils
University of Chicago Press, 1982
Edward Shils's attempt to work out a macrosociological theory which does justice both to the spiritual and intellectual dispositions and powers of the mind and to the reality of the larger society is an enterprise that has spanned several decades. In his steps toward the development of this theory he has not proceeded deductively; rather he has worked from his own concrete observations of Western, Asian, and African societies. Thus, despite the inevitable abstractness of marcrosociological theory, the papers in this volume—which have been published separately since the Second World War—have a quality of vivid substantiality that makes the theoretical statements they present easier to comprehend.

Professor Shils has attempted to develop a theory that has a place for more than those parts of society that are generated from the biological nature of human beings and those parts that are engendered by the desires of individuals, acting for themselves or for groups and categories of individuals, to maintain and increase their power over other human beings and to secure material goods and services for themselves. He has argued that there are constituents of society in which human beings seek and cultivate connections with objects that transcend those needed to satisfy biological necessity and the desire for material objects and power over others. This third stratum of social existence, he concludes, cannot be reduced to the other two and cannot be disregarded in any serious attempt to understand the function of any society. Thus Edward Shils, without disregarding its many valuable achievements, has nevertheless parted ways with much of modern sociology.

For this collection of papers the author has written an introductory intellectual autobiography that places each essay in the setting of the development of his thought and that connects it with his other writings.
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The Constitution of the Federal Republic of Germany
David P. Currie
University of Chicago Press, 1994
A leading scholar of the constitution of the United States, David Currie, in this book turns his attention to one of the most important bodies of constitutional law in the world, the Basic Law of Germany. It is a comprehensive and accessible introduction to the study of the German constitution.

Beginning with an overview of the essential features of the Basic Law of Germany, Currie then elucidates those features by analyzing a number of decisions of the German Constitutional Court. Contrasting German constitutional law with the American model, Currie further illuminates the German system and provides an invaluable comparative perspective on American institutions, judicial methods, and constitutional principles.

The German constitutional court recently has become the object of international attention as it has grappled with controversies involving abortion, ratification of the Maastricht Treaty, and the reunification of East and West. Currie examines these issues and their impact on the German constitution.

An appendix includes (in English translation) the complete Basic Law for the Federal Republic of Germany of May 23, 1949 as amended to December 1, 1993.
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The Constitution of the United States, 1787–1962
Putnam F. Jones
University of Pittsburgh Press, 1962
The essays in this collection commemorate the 175th anniversary of the establishment of the United States Constitution. The writings offer perspectives on topics including:  the British background of American constitutionalism; reasons why the Constitution has remained so durable; the counterbalance of liberty and authority it maintains through the Supreme Court and the Bill of Rights; and a balance of both liberal and conservative views.
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The Constitution of the United States
A Primer for the People
David P. Currie
University of Chicago Press, 2000
A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press.

A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation.

"Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
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The Constitution, the Law, and Freedom of Expression
1787-1987
James Brewer Stewart
Southern Illinois University Press, 1987

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.

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The Constitutional Bind
How Americans Came to Idolize a Document That Fails Them
Aziz Rana
University of Chicago Press, 2024

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.

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Constitutional Choices
Laurence H. Tribe
Harvard University Press, 1985

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.

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Constitutional Conscience
The Moral Dimension of Judicial Decision
H. Jefferson Powell
University of Chicago Press, 2008
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making.
            Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.      
 
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Constitutional Construction
Divided Powers and Constitutional Meaning
Keith E. Whittington
Harvard University Press, 1999

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.

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The Constitutional Convention and Formation of Union
Edited by Winton U. Solberg
University of Illinois Press, 1990
The American Constitution was hammered out in debates by the founding fathers at the 1787 Philadelphia Convention. This book contains James Madison's notes on the debates which provide a first-hand view of the drafting of the nation's fundamental charter. An introduction by Winton U. Solberg places the origins of the Constitution in the broader historical perspective of the development of political theory and constitutional practice in Western civilization. The book also links the formation of the Constitution, biographical sketches of each participant in the Philadelphia Convention, and population figures on which representation was to be based.
 
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Constitutional Coup
Privatization’s Threat to the American Republic
Jon D. Michaels
Harvard University Press, 2017

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.

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Constitutional Deliberation in Congress
The Impact of Judicial Review in a Separated System
J. Mitchell Pickerill
Duke University Press, 2004
In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates.

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.

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Constitutional Domains
Democracy, Community, Management
Robert C. Post
Harvard University Press, 1995

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.

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Constitutional Failure
Carl Schmitt in Weimar
Ellen Kennedy
Duke University Press, 2004
Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political economy, and democracy. An internationally renowned scholar of Weimar legal theory, Ellen Kennedy brought Schmitt’s neglected work to the attention of English-speaking readers with her highly regarded translations of his work and studies of its place in twentieth-century political theory. In this eagerly awaited book, she tracks Schmitt’s contribution to the canon of Western political philosophy during its most difficult and dangerous moment—the time of Weimar Germany and the Third Reich—demonstrating the centrality of his thought to understandings of the modern constitutional state and its precarious economic and social foundations.

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.

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Constitutional History of the American Revolution
John Phillip Reid
University of Wisconsin Press, 1995

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.

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Constitutional History of the American Revolution - Abridged
John Phillip Reid
University of Wisconsin Press, 1995
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.
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Constitutional History of the American Revolution, Volume I
The Authority Of Rights
John Phillip Reid
University of Wisconsin Press, 1987

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.

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Constitutional History of the American Revolution, Volume II
The Authority To Tax
John Phillip Reid
University of Wisconsin Press, 1987

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.

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Constitutional History of the American Revolution, Volume III
The Authority to Legislate
John Phillip Reid
University of Wisconsin Press, 1992

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.

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Constitutional History of the American Revolution, Volume IV
The Authority of Law
John Phillip Reid
University of Wisconsin Press, 1993

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.

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A Constitutional History of the U.S. Supreme Court
Richard Regan
Catholic University of America Press, 2015
The Supreme Court’s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating as additional cases come before the court. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion.
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Constitutional Identity
Gary Jeffrey Jacobsohn
Harvard University Press, 2010

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?

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Constitutional Judiciary in a New Democracy
The Hungarian Constitutional Court
Laszlo Solyom and Georg Brunner, Editors
University of Michigan Press, 2000
Two in-depth essays and a selection of twenty-seven of the most important decisions present the Hungarian Constitutional Court as one of the most important actors of the transition into democracy in a post-communist country.
How was it possible that a new Court established in 1990, in a country just released from forty years of Communist rule, was able to enforce a Constitution, maintain the rule of law, and protect the freedom of its citizens in a way comparable to the U.S. Supreme Court? This new Court has issued decisions on topics ranging from the establishment of democracy and a market economy--privatization, compensation for the nationalization of property, and retroactive criminal legislation--as well as such issues as the constitutionality of capital punishment, abortion, freedom of speech and the media, and the separation of powers.
U.S. Supreme Court Justice Stephen Breyer provides the foreword and introduces the two essays that begin the book. In the first essay, Georg Brunner explains how the Court was set up and what its procedures are. In the second, Lázszló Sólyom describes systematically the emergence of the case-law of the Court and its jurisprudence on constitutional rights and on the powers and procedures of the other branches of government. The models followed by the Court are outlined, and its contribution to global constitutionalism explored.
Lázszló Sólyom is President of the Constitutional Court of Hungary and Professor of Law, ELTE University of Budapest. Georg Brunner is Professor of Law, University of Cologne, Germany.
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The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.
Donald P. Kommers
Duke University Press
Kommers’s comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
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The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.
Donald P. Kommers
Duke University Press
Kommers’s comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
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The Constitutional Jurisprudence of the Federal Republic of Germany
Third edition, Revised and Expanded
Donald P. Kommers and Russell A. Miller
Duke University Press, 2012
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.

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.

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Constitutional Literacy
A Core Curriculum for a Mulitcultural Nation
Toni Marie Massaro
Duke University Press, 1993
Americans agree that education needs reforming in this country--but after that, agreement ceases. The forces of diversity square off against those pushing cultural unity. The call for a national curriculum clashes with a call to decentralize school authority. This book brings a measured voice and fresh perspective to the educational maelstrom. Considering the debate from the perspective of constitutional law, Toni Marie Massaro offers a remarkably fair and lucid account of both sides, of their historical antagonism, and of what is at stake in the contest over the soul of America's schools. At the same time, she moves to break through the current impasse by offering the first principles of a curriculum mindful of all concerns.
Constitutional Literacy plumbs the most powerful arguments for and against national standards to reveal that these curricular battles reflect a broader, culture-wrenching struggle over whether official recognition of race, ethnicity, gender, religion, or other differences causes more hostility and divisiveness than tolerance. Central to both conflicts is the tension between our desire for a shared national culture--the melting pot ideal--and our fervent belief in our right to dissent. Thus, Massaro shows, the American constitutional commitment to equality, freedom of speech, and freedom of religion is intensely relevant to the curriculum controversy. Constitutional history and practice reveal a crucial paradox: What binds Americans is their common faith in the right to break away from cultural consensus. As such, a call to a national curriculum is inherently a call to conflict and dissent.
Constitutional principles, past education reform efforts, multicultural critiques of American education, modern studies of students' knowledge of American history and government, and ten years of experience teaching law all come into play in Massaro's analysis, and she concludes that shoring up our store of shared knowledge is a proper national objective. But this common store, she insists, must reflect our cultural and ideological differences lest it distort the reality of American life, past and present. Massaro thus proposes that constitutional principles form the basis of a core curriculum for a multicultural nation.
In a debate often characterized by polemics and polls, this eloquent book presses for a different, more nuanced and responsive public vocabulary about race, gender, ethnicity, sexual orientation, and religion. Constitutional literacy, as Massaro defines it here, may be a necessary first step toward this goal.
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The Constitutional Logic of Affirmative Action
Ronald J. Fiscus
Duke University Press, 1992
Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate.
Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality.
The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.
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Constitutional Morality and the Rise of Quasi-Law
Bruce P. Frohnen and George W. Carey
Harvard University Press, 2016

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.

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Constitutional Redemption
Political Faith in an Unjust World
Jack M. Balkin
Harvard University Press, 2011

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.

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Constitutional Revolutions
Pragmatism and the Role of Judicial Review in American Constitutionalism
Robert Justin Lipkin
Duke University Press, 2000
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions.
Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges.
Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
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Constitutional Self-Government
Christopher L. Eisgruber
Harvard University Press, 2001

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.

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Constitutional Theocracy
Ran Hirschl
Harvard University Press, 2010

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.

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Constitutional Theory
Carl Schmitt
Duke University Press, 2008
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe.

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.

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The Constitutional Underclass
Gays, Lesbians, and the Failure of Class-Based Equal Protection
Evan Gerstmann
University of Chicago Press, 1999
When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause.

The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado.

Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.

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Constitutionalism, Identity, Difference, and Legitimacy
Theoretical Perspectives
Michel Rosenfeld
Duke University Press, 1994
Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume—written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists—investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory.
Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.
This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.

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

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The Constitutionalism of American States
Edited by George E. Connor & Christopher W. Hammons
University of Missouri Press, 2008

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. 

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Constitution-Making in the Region of Former Soviet Dominance
Rett R. Ludwikowski
Duke University Press, 1996
With the end of the Cold War and the disintegration of the Soviet Union, newly formed governments throughout Eastern Europe and the former Soviet states have created constitutions that provide legal frameworks for the transition to free markets and democracy. In Constitution-Making in the Region of Former Soviet Dominance, Rett R. Ludwikowski offers a comparative study of constitution-making in progress and provides insight into the complex political and social circumstances that are shaping its present and future. The first study of these recent constitutional developments, this book also provides an appendix of all newly ratified constitutions in the region, an essential new reference source for scholars, students, and professionals.
Beginning with a review of the constitutional traditions of Eastern and Central Europe, Ludwikowski goes on to offer analysis of the recent process of political change in the region. A second section focuses specifically on the the new constitutions and such issues as the selection of the form of government, concepts of divisions of power, unicameralism vs. bicameralism, the flexibility or rigidity of constitutions as working documents, and the process of reviewing the constitutionality of laws. Individual states as framed in these documents are analyzed in economic, political, and cultural terms. Although it is too soon to fully consider the implementation of these constitutions, special attention is devoted to the effect of reform on human rights protection, a notorious problem of continuing concern in the region. A final section offers an insightful comparative study of constitutional law by reviewing the post-Soviet process of constitution-making against the backdrop of Western constitutional traditions.
Constitution-Making in the Region of Former Soviet Dominance is both a comprehensive study of constitutional developments in the former Soviet bloc and a primary reference tool for scholars of constitutional law, and Eastern European and post-Soviet studies.
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Constitutions of Matter
Mathematically Modeling the Most Everyday of Physical Phenomena
Martin H. Krieger
University of Chicago Press, 1996
In this insightful work, Martin H. Krieger shows what physicists are really doing when they employ mathematical models as research tools. He argues that the technical details of these complex calculations serve not only as a means to an end, but also reveal key aspects of the physical properties they model.

Krieger's lucid discussions will help readers to appreciate the larger physical issues behind the mathematical detail of modern physics and gain deeper insights into how theoretical physicists work. Constitutions of Matter is a rare, behind-the-scenes glimpse into the world of modern physics.

"[Krieger] provides students of physics and applied mathematics with a view of the physical forest behind the mathematical trees, historians and philosophers of science with insights into how theoretical physicists go about their work, and technically advanced general readers with a glimpse into the discipline."—Scitech Book News
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The Constitution’s Text in Foreign Affairs
Michael D. Ramsey
Harvard University Press, 2007

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.

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Constraining Chance
Georges Perec and the Oulipo
Alison Sian James
Northwestern University Press, 2008

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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Constraint-Based Approaches to Germanic Syntax
Edited by W. Detmar Meurers and Tibor Kiss
CSLI, 2001
A wealth of research has been conducted on the various linguistic phenomena found in Germanic languages. But these studies were restricted by their use of only one theoretical perspective to analyze one particular language. Inspired by the need to expand the research base of Germanic languages while broadening the empirical coverage of constraint-based linguistic approaches, a handful of researchers are employing various constraint-based theoretical perspectives to study multiple Germanic languages.

This volume begins with an introduction to the recent research performed on Germanic syntax using constraint-based frameworks. It then goes on to investigate the linguistic phenomena found in the grammar of the German and Danish languages. Using such approaches as Lexical-Functional Grammar and Head-Driven Phrase Structure Grammar, contributors shed a different light on theoretical issues addressed by past studies, including semi-free word order, partial front phenomena, and complex predicate formation. While alternative approaches have assumed that meaning (semantics) is dependent on form (syntax), various analyses presented in this volume explore the idea that both form and meaning are equally constitutive for grammatical descriptions.
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Constraint-Based Syntax and Semantics
Papers in Honor of Danièle Godard
Edited by Anne Abeille and Olivier Bonami
CSLI, 2018
This volume is devoted to the syntax and semantics of various languages, studied with models based on constraints. Both French and international linguists present their work in tribute to Danièle Godard, emeritus research director at the Centre national de la recherche scientifique in France, a member of the Laboratoire de Linguistique Formelle at Université Paris Diderot, and a specialist in the syntax and semantics of French and Romance languages.
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Constraints and Resources in Natural Language Syntax and Semantics
Edited by Gosse Bouma, Erhard Hinrichs, Geert-Jan M. Kruijff, and Richard Oehrle
CSLI, 1999
This collection draws together recent work on constraint-based and resource-sensitive approaches to the grammar of natural languages. Some of the issues addressed are: extraction phenomena in a range of languages, the syntax of nominal phrases, the role of argument structure, defining the interface between syntax and morphology and between semantics and prosody, quantifier scope, remnant movement, construction grammar, and formal and computational aspects of grammar formalisms. This volume brings together the leading linguists, logicians, and computer scientists working on Head-driven Phrase Structure Grammar and Categorial Grammar. Derived from two recent conferences on Formal Grammar and Head-driven Phrase Structure Grammar in Aix (1997) and Saarbrücken (1998), this volume represents the most current work in these frameworks.
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