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The Declaration of Independence and the Constitution of the United States of America
Preface by Cass R. Sunstein
Georgetown University Press, 2003

Never in history have 1,322 words held out such extraordinary determination to be free as those found in the Declaration of Independence. In 1787, "We the people" were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. In 1791, the first ten Amendments to the Constitution of the United States of America, known to us as the Bill of Rights introduced the world to the concept of those singular rights that ought to belong to every free individual.

In one compact volume, the full texts of both the Declaration of Independence and the Constitution of the United States of America with all ratified twenty-seven Amendments to the Constitution are side by side—along with another of America's seminal documents, Thomas Jefferson's Virginia Statute for Religious Freedom, an additional world-changing statement that codified for the first time that one cannot be required by law to support or prefer any belief or be punished for those one does profess—and the basis for what we have come to know as the "wall of separation" between church and state.

Who we are and what we are free to be as citizens of the United States of America is contained between these covers. Cass R. Sunstein prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life. Enhanced by an index and suggestions for further reading, this volume, small in size but overwhelming in the impact of its contents, belongs in the home of every citizen of the United States.

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The Decline and Fall of the American Republic
Bruce Ackerman
Harvard University Press, 2010

Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. ­Ackerman points to a series of developments that have previously been treated independently of one another—from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century—and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward.

The book aims to begin a new constitutional debate. Americans should not suppose that Barack Obama’s centrism and constitutionalism will typify the presidencies of the twenty-first century. We should seize the present opportunity to confront deeper institutional pathologies before it is too late.

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Defending the Republic
Constitutional Monarchy in a Time of Crisis: Essays in Honor of George W. Carey
Bruce Frohnen
Catholic University of America Press, 2022
In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.
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Defining Germany
The 1848 Frankfurt Parliamentarians and National Identity
Brian E. Vick
Harvard University Press, 2002

In a unique blend of political, intellectual, and cultural history, Brian Vick explores the world of German nationalism during the first half of the nineteenth century. Vick first presents an original investigation of German conceptions of nationhood in these decades before moving on to analyze the efforts of deputies at the Frankfurt Constituent National Assembly to construct a German national state based on the ethnically diverse German Confederation. He examines debates over fundamental issues that included citizenship qualifications, minority linguistic rights, Jewish emancipation, and territorial disputes, and offers valuable insights into nineteenth-century liberal opinion on the Jewish Question, language policy, and ideas of race.

Contrary to the often invoked dichotomy between cultural and political types of nationalism, in which the German case is usually seen as prototypical of the xenophobic, exclusionary cultural form, this study reveals how German nationalists at Frankfurt interwove cultural and political strands of the national ideal so finely as to sanction equal citizenship status in the proposed state for both the German-Jewish minority and the non-German-speaking nationalities within its boundaries. Yet deputies also contentiously defined Germany's borders so as to incorporate the latter, often unwilling groups, thereby hoping to dominate them both culturally and politically. Conflict was thus as much a part of this "culture of nationhood" as inclusion.

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A Democracy of Distinction
Aristotle and the Work of Politics
Jill Frank
University of Chicago Press, 2004
Offering an ancient education for our times, Jill Frank's A Democracy of Distinction interprets Aristotle's writings in a way that reimagines the foundations, aims, and practices of politics, ancient and modern. Concerned especially with the work of making a democracy of distinction, Frank shows that such a democracy requires freedom and equality achieved through the exercise of virtue.

Moving back and forth between Aristotle's writings and contemporary legal and political theory, Frank breathes new life into our conceptions of property, justice, and law by viewing them not only as institutions but as dynamic activities as well. Frank's innovative approach to Aristotle stresses his appreciation of the tensions and complexities of politics so that we might rethink and reorganize our own political ideas and practices. A Democracy of Distinction will be of enormous value to classicists, political scientists, and anyone interested in revitalizing democratic theory and practice.
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The Democratic Constitution
Experimentalism and Interpretation
Brian E. Butler
University of Chicago Press, 2017
The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy.
           
Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice. 
 
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The Dred Scott Case
Historical and Contemporary Perspectives on Race and Law
David Thomas Konig
Ohio University Press, 2010

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.

The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff

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