Faiz Ahmed Harvard University Press, 2017 Library of Congress KNF68.A366 2017 | Dewey Decimal 349.581
Debunking conventional narratives, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan, he shows, attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics.
Abner S. Greene Harvard University Press, 2012 Library of Congress K240.G74 2012 | Dewey Decimal 340.112
Greene argues that citizens are not morally obligated to obey the law and that officials need not follow prior or higher authority when reading the Constitution. The sources of authority in a liberal democracy are multiple—the law must compete with other norms. Constitutional meaning is not locked in, historically or by the Supreme Court.
Born in 1755 on a small Caribbean island to unmarried parents, Alexander Hamilton did not enjoy the privileges of wealth or heredity by which so many of his contemporaries advanced to the highest levels of power. Yet Hamilton's natural ability and ambition earned him prevailing influence in the American Revolution and the government created thereafter, eventually securing his place in the pantheon of America's founders.
Editor John P. Kaminski has gathered a remarkable collection of quotations by and about Alexander Hamilton that paint for us a nuanced portrait of a complex man. Through his own words and the words of his contemporaries -- including the man who killed him in a duel, Aaron Burr -- we can gain a better understanding of this fascinating man who rose from anonymity on a small Caribbean island to the corridors of power.
Robert Tsai's history invites readers into the circle of defiant groups who refused to accept the Constitution's definition of who "We the People" are and how their authority should be exercised. It is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists.
Here in a beautifully bound cloth gift edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787-88), in which "We the People" forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our "political scriptures," and have come to define us as a people. Now a Pulitzer Prize-winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.
In The Confederate Constitution of 1861, Marshall DeRosa argues that the Confederate Constitution was not, as is widely believed, a document designed to perpetuate a Southern "slaveocracy," but rather an attempt by the Southern political leadership to restore the Anti-Federalist standards of limited national government. In this first systematic analysis of the Confederate Constitution, DeRosa sheds new light on the constitutional principles of the CSA within the framework of American politics and constitutionalism. He shows just how little the Confederate Constitution departed from the U.S. Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.
Gary Jeffrey Jacobsohn Harvard University Press, 2010 Library of Congress K3165.J333 2010 | Dewey Decimal 342.02
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?
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the 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.
Jack M. Balkin Harvard University Press, 2011 Library of Congress KF4550.B256 2011 | Dewey Decimal 342.73
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
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.
Ran Hirschl Harvard University Press, 2010 Library of Congress K3280.H57 2010 | Dewey Decimal 342
In this ground-breaking book, renowned constitutional scholar Ran Hirschl describes “constitutional theocracy,” a new, hybrid form of government that has emerged from an overlapping of two parallel trends during the 20th century: the rise in political religion on the one hand and the spread of constitutional forms of government to most countries in the world on the other. Hirschl delivers two blockbuster theses: That in most constitutional theocracies, 1) courts are the primary secular agents of government, and 2) the electorate usually has a choice between a secular party that is against redistribution of wealth and a more theological party that supports redistribution. This last thesis, especially, will be news to many of the book’s American readers, who are accustomed to a theological politics stridently opposed to redistribution.
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.
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.
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
Controlling the State
GORDON Harvard University Press, 1999 Library of Congress JF229.G67 1999 | Dewey Decimal 321.801
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America.
From its beginning in Polybius' interpretation of the classical concept of "mixed government," the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of "sovereignty," the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Martha C. Nussbaum Harvard University Press, 2011 Library of Congress HM671.N868 2011 | Dewey Decimal 303.372
This is a primer on the Capabilities Approach, Martha Nussbaum’s innovative model for assessing human progress. She argues that much humanitarian policy today violates basic human values; instead, she offers a unique means of redirecting government and development policy toward helping each of us lead a full and creative life.
In its early days, Illinois seemed destined to extend the American South. Its population of transplants lived an upland southern culture and in some cases owned slaves. Yet the nineteenth century and three constitutions recast Illinois as a crucible of northern strength and American progress. Frank Cicero Jr. provides an appealing new history of Illinois as expressed by the state's constitutions—and the lively conventions that led to each one. In Creating the Land of Lincoln, Cicero sheds light on the vital debates of delegates who, freed from electoral necessity, revealed the opinions, prejudices, sentiments, and dreams of Illinoisans at critical junctures in state history. Cicero simultaneously analyzes decisions large and small that fostered momentous social and political changes. The addition of northern land in the 1818 constitution, for instance, opened up the state to immigrant populations that reoriented Illinois to the north. Legislative abuses and rancor over free blacks influenced the 1848 document and the subsequent rise of a Republican Party that gave the nation Abraham Lincoln as its president. Cicero concludes with the 1870 constitution, revealing how its dialogues and resolutions set the state on the modern course that still endures today.
Not only did the Declaration announce the entry of the United States onto the world stage, it became the model for other countries to follow. This unique global perspective demonstrates the singular role of the United States document as a founding statement of our modern world.
In 2005 hopes for closer European integration were dealt a potentially fatal blow when French and Dutch voters rejected the proposed new European Union constitution. Going beyond the instant analysis of journalists, which placed blame for the failed vote on the two nations’ internal politics, Democracy Needs Dispute examines a collection of media accounts of European policy debates to argue that the problem with the EU is its relative lack of vibrant political conflict. Democracy Needs Dispute offers both up-to-date analysis and a rich theoretical understanding of the problems facing further efforts at European integration.
On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing
traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion.
This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.
This is the first of two volumes documenting Maryland’s public and private debates about the Constitution. This documentary series is a research tool of remarkable power, an unrivaled reference work for historical and legal scholars, librarians, and students of the Constitution.
This is the first of two volumes documenting Maryland’s public and private debates about the Constitution. This documentary series is a research tool of remarkable power, an unrivaled reference work for historical and legal scholars, librarians, and students of the Constitution.
This is the fifth and final volume documenting New York State's ratification of the Constitution. This particular volume includes the complete record of the state ratifying convention. In addition to the official journal and the proceedings and debates of the convention, the volume contains many documents never before published, including the voluminous notes of the secretary of the convention and several of the convention delegates, the correspondence of delegates and spectators at the convention, and the rich newspaper commentaries describing the day-by-day events in the convention. For the first time, historians will be able to see how the New York convention - dominated by a two-thirds majority of Antifederalists - came to adopt the Constitution. This documentary series is a research tool of remarkable power, an unrivaled work for historical and legal scholars, librarians, and students of the Constitution.
This is the first of three volumes documenting Rhode Island's public and private debates about the Constitution. This documentary series is a research tool of remarkable power, an unrivaled reference work for historical and legal scholars, librarians, and students of the Constitution. The volumes are encyclopedic, consisting of manuscript and printed documents-contemporary newspapers, broadsides, and pamphlets-compiled from hundreds of sources, copiously annotated, thoroughly indexed, and often accompanied by microfiche supplements. Pulitzer Prize-winning historian Michael Kammen has noted that The Documentary History of the Ratification of the Constitution series "will be of enduring value centuries hence" and described it as "one of the most interesting documentary publications we have ever had." The American Bar Association Journal has stated, "Each new volume now fills another vital part of the mosaic of national history."
This is the third and final volume documenting Rhode Island's public and private debates about the Constitution. This documentary series is a research tool of remarkable power, an unrivaled reference work for historical and legal scholars, librarians, and students of the Constitution. The volumes are encyclopedic, consisting of manuscript and printed documents-contemporary newspapers, broadsides, and pamphlets-compiled from hundreds of sources, copiously annotated, thoroughly indexed, and often accompanied by microfiche supplements.
Pulitzer Prize-winning historian Michael Kammen has noted that The Documentary History of the Ratification of the Constitution series "will be of enduring value centuries hence" and described it as "one of the most interesting documentary publications we have ever had." The American Bar Association Journal has stated, "Each new volume now fills another vital part of the mosaic of national history."
John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.
Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
The Anti-Federalist Luther Martin of Maryland is known to us—if he is known at all—as the wild man of the Constitutional Convention: a verbose, frequently drunken radical who annoyed the hell out of James Madison, George Washington, Gouverneur Morris, and the other giants responsible for the creation of the Constitution in Philadelphia that summer of 1787. In Bill Kauffman’s rollicking account of his turbulent life and times, Martin is still something of a fitfully charming reprobate, but he is also a prophetic voice, warning his heedless contemporaries and his amnesiac posterity that the Constitution, whatever its devisers’ intentions, would come to be used as a blueprint for centralized government and a militaristic foreign policy.
In Martin’s view, the Constitution was the tool of a counterrevolution aimed at reducing the states to ciphers and at fortifying a national government whose powers to tax and coerce would be frightening. Martin delivered the most forceful and sustained attack on the Constitution ever levied—a critique that modern readers might find jarringly relevant. And Martin’s post-convention career, though clouded by drink and scandal, found him as defense counsel in two of the great trials of the age: the Senate trial of the impeached Supreme Court justice Samuel Chase and the treason trial of his friend Aaron Burr.
Kauffman’s Luther Martin is a brilliant and passionate polemicist, a stubborn and admirable defender of a decentralized republic who fights for the principles of 1776 all the way to the last ditch and last drop. In remembering this forgotten founder, we remember also the principles that once animated many of the earliest—and many later—American patriots.
The founding fathers emphasized a system in which “the people” were allowed to play only a limited role. Radical democrats insisted that the people, and only the people, should rule. Anthony King shows how this initial conflict has played out in the turmoil of our nation’s public life, and he offers a way to address it.
While English-language studies of Japanese law have enjoyed remarkable growth in the past half-century, scholars have given only scant attention to the broad sweep of Japan's constitutional history. Deftly combining legal and historical analysis, Lawrence W. Beer and John M. Maki contrast Japan's two modern-era constitutions - the Meiji Constitution of 1889 and the Showa Constitution of 1947. Moving beyond a narrowly focused study of the documents themselves, Beer and Maki present these constitutions as key to understanding differences in Japanese society and politics before and after World War II. Their clear and fluid presentation makes this an engaging and approachable study of not only constitutional law but also this remarkable period in Japanese history.
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.
Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
The Hebrew Republic
Eric Nelson Harvard University Press, 2010 Library of Congress JC67.N45 2010 | Dewey Decimal 320.011
According to a commonplace narrative, the rise of modern political thought in the West resulted from secularization—the exclusion of religious arguments from political discourse. But in this pathbreaking work Eric Nelson argues that this familiar story is wrong. Instead, he contends, political thought in early-modern Europe became less, not more, secular with time, and it was the Christian encounter with Hebrew sources that provoked this radical transformation. During the sixteenth and seventeenth centuries, Christian scholars began to regard the Hebrew Bible as a political constitution designed by God for the children of Israel. Newly available rabbinic materials became authoritative guides to the institutions and practices of the perfect republic. This thinking resulted in a sweeping reorientation of political commitments. In the book’s central chapters Nelson identifies three transformative claims introduced into European political theory by the Hebrew revival: the argument that republics are the only legitimate regimes; the idea that the state should coercively maintain an egalitarian distribution of property; and the belief that a godly republic would tolerate religious diversity. One major consequence of Nelson’s work is that the revolutionary politics of John Milton, James Harrington, and Thomas Hobbes appear in a brand-new light. Nelson demonstrates that central features of modern political thought emerged from an attempt to emulate a constitution designed by God. This paradox, a reminder that while we may live in a secular age, we owe our politics to an age of religious fervor, in turn illuminates fault lines in contemporary political discourse.
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support.
Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
A new edition of an important interpretation of one of the greatest events in world history
The Revolutionary generation believed they were living in dangerous, turbulent times. Their uprising against British imperial authority beginning in the 1760s represented an attempt to preserve their liberties in the face of what they perceived as a conspiracy from above, ultimately brought on by a tyrannical king and Parliament. The actual number of insurgents—we call them rebels or patriots—represented no more than 20 to 25 percent of the populace. Approximately the same number of persons refused to renounce their loyalty to the British Crown; and thousands of them joined British arms to crush the patriot insurrection. Not committed to supporting either side were large numbers of neutrals whose allegiance varied with their proximity to competing military forces. Once independence was secured, however, a great shift occurred. Some key Revolutionary leaders began to worry that the common people, if given too much political authority, would produce agitation from below that could destroy the delicate fabric of the newly established republic. Reckoning with this social and political disorder resulted in a series of constitutional settlements. What emerged was a more democratic system of government operating, at least theoretically, in the name of a sovereign people who had replaced the king and Parliament.
In Insurrection: The American Revolution and Its Meaning, award-winning historian James Kirby Martin discusses the causes, course, and consequences of the War for Independence. While interpretations of the Revolution and its short- and long-term meaning abound, Martin emphasizes that the insurrection against British monarchism led to more profound changes in human institutions and ideals than many of the Revolutionary leaders actually envisioned or wanted. Once unleashed, the genie of greater freedom and liberty for all could not be forced back into the bottle, no matter how much some persons would have desired.
The Federal Farmer’s letters were written in opposition to the Constitution in the form in which it had come from the Federal Convention of 1787. Their immediate objective was to secure amendments to the Constitution before it was ratified by state convention. But the letters are valuable also for the basic political philosophy that they represent, specifically, the political philosophy of the revolution and the Bill of Rights. This philosophy stresses principles of federalism and republicanism and exemplifies the liberal idealism that took root in America during the Revolutionary War era.
As first published, the letters comprised two separate pamphlets, one appearing in the fall of 1787 and consisting of five letters, the other appearing in the spring of 1788 and consisting of thirteen letters. The letters have seldom been reprinted, and until now they have never been issued together in a single edition. One of the merits of the present volume is that it includes all the letters exactly as they appeared in the original printed texts. A synoptic table of contents for the entire series has been supplied by the editor, in addition to an editor’s introduction, which includes a critical analysis of the Federal Farmer’s main arguments and also deals with the authorship of the letters.
Richard Henry Lee of Virginia was early identified as the author of the letters, and in the course of the nineteenth century this attribution came to be generally accepted. However, Lee gave no hint in his known writings that he had written the letters, and in recent years the attribution of authorship to him has been questioned by competent scholars. The editor makes clear that he considers the evidence supporting the attribution to Lee to be strong, but he concludes, on the basis of his own investigation, that the question of authorship should not at this point be considered to have been settled. He makes no assumption that the matter will eventually be settled but suggests that a thoroughgoing linguistic and comparative analysis of Lee’s known writings and the Federal Farmer’s letters should be helpful in considering the question further.
The letters have long been considered to be among the most significant of the political literature published in America during the great debate over the ratification of the Constitution. Alexander Hamilton refers to the Federal Farmer in the sixty-eight essay of The Federalist as “the most plausible” of the opponents of the Constitution to have appeared in print. Recent scholars probing into the literature of these so-called antifederalists have indicated that they have been quite impressed by the general content and comparatively moderate tone of the Federal Farmer’s letters, and also by the seemingly substantial influence that the letters had in articulating arguments that appeared sooner or later in other writings against ratifying the Constitution in it original form.
Jack M. Balkin Harvard University Press, 2011 Library of Congress KF4552.B35 2011 | Dewey Decimal 342.73001
Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book. Step by step, Balkin shows how both liberals and conservatives play important roles in constitutional construction, and offers a way past the angry polemics of our era.
The Japanese constitution as revised by General MacArthur in 1946, while generally regarded to be an outstanding basis for a liberal democracy, is at the same time widely considered to be—in its Japanese form—an document which is alien and incompatible with Japanese culture. Using both linguistics and historical data, Kyoto Inoue argues that despite the inclusion of alien concepts and ideas, this constitution is nonetheless fundamentally a Japanese document that can stand on its own.
"This is an important book. . . . This is the most significant work on postwar Japanese constitutional history to appear in the West. It is highly instructive about the century-long process of cultural conflict in the evolution of government and society in modern Japan."—Thomas W. Burkman, Monumenta Nipponica
In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume.
Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted.
The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance.
Outstanding by the University Press Books for Public and Secondary Schools
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." —Amendment II, United States Constitution
The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.
Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.
Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds?
Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
This comprehensive reference guide provides an in-depth study of New Jersey's constitution.
The year 1997 marks the fiftieth anniversary of New Jerseys wellregarded state constitution. State constitutions, although the highest source of law within a state, are not well understood by citizens, government officials, historians, political scientists, lawyers, or even judges.
This book is the first single volume to combine a detailed review of New Jersey's constitutional history and analysis of each section of the current constitution. It is the standard work on New Jersey constitutional development and law. Divided into two parts, the book first covers the historical development of the constitutions of 1776, 1844, the Constitutional Commission of 1873, and the current constitution written in 1947. It then traces the origins and major judicial interpretations of each section of the present-day constitution. It concludes with an exhaustive bibliographical essay which organizes the most complete listing of primary and secondary sources to date.
This volume of seven essays on the 1987 Nicaraguan constitution does not accept a priori the judgment that Latin American constitutions are as fragile as egg shells, easily broken and discarded if found to be inconvenient to the interests of the rulers. Rather, they are viewed as being central to understanding political life in contemporary Nicaragua.
The perspectives of the analysts and their conclusions are not consensual. They prohibit glib and facile general conclusions. Some find the constitution to be nothing more than a façade for arbitrary and capricious rule; others that the document reflects clear commitments to the democratic rule of law. Thus far the implementation of the constitution has resulted in the peaceful transition of power from the Sandinistas to the National Opposition Union.
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajoritieshas special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.
The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Georgetown University Press, 2018 Library of Congress KF4550.Z9A76 2018 | Dewey Decimal 342.7302
Political Political Theory
Jeremy Waldron Harvard University Press, 2016 Library of Congress JA71.W243 2016 | Dewey Decimal 320.01
Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
Is Latin America experiencing a resurgence of leftwing governments, or are we seeing a rebirth of national-radical populism? Are the governments of Hugo Chávez, Evo Morales, and Rafael Correa becoming institutionalized as these leaders claim novel models of participatory and direct democracy? Or are they reenacting older traditions that have favored plebiscitary acclamation and clientelist distribution of resources to loyal followers? Are we seeing authentic forms of expression of the popular will by leaders who have empowered those previously disenfranchised? Or are these governments as charismatic, authoritarian, and messianic as their populist predecessors?
This new and expanded edition of Populist Seduction in Latin America explores the ambiguous relationships between democracy and populism and brings de la Torre’s earlier work up to date, comparing classical nationalist, populist regimes of the 1940s, such as those of Juan Perón and José María Velasco Ibarra, with their contemporary neoliberal and radical successors. De la Torre explores their similarities and differences, focusing on their discourses and uses of political symbols and myths.
Compared to the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Andrew Coan shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.
We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights.
Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
Religion has become a charged token in a politics of division. Religious Freedom and the Constitution offers practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. It calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
In March 1812, while Napoleon’s brother Joseph sat on the throne of Spain and the armies of France occupied much of the country, legislators elected from Spain and its overseas territories met in the Andalusian city of Cádiz. There, as the cornerstone of a government in exile, they drafted and adopted the first liberal constitution in the Hispanic world, a document that became known as the Cádiz Constitution of 1812.
The 1812 Constitution was extremely influential in and beyond Europe, and this collection of essays explores how its enduring legacy not only shaped the history of state-building, elections, and municipal governance in Iberian America, but also affected national identities and citizenship as well as the development of race and gender in the region.
A bold blueprint for governing a global, heterogeneous monarchy, the Constitution represented a rupture with Spain’s Antiguo Régimen (Old Regime) in numerous ways—in the limits it placed on the previously autocratic Bourbon monarchs, in the admission to its governing bodies of deputies from Spain’s American viceroyalties as equals, and in its framers’ vociferous debate over the status of castas (those of mixed ancestry) and slaves. The Rise of Constitutional Government in the Iberian Atlantic World covers these issues and adopts a transatlantic perspective that recovers the voices of those who created a vibrant political culture accessible to commoners and elite alike.
The bicentenary of the Constitution of 1812 offered scholars an excellent moment to reexamine the form and role of constitutions across the Spanish-speaking world. Constitutionalism remains a topic of intense debate in Latin America, while contemporary Spain itself continues to seek ways to balance a strong central government with centripetal forces in its regions, notably the Basque and Catalan provinces. The multifaceted essays compiled here by Scott Eastman and Natalia Sobrevilla Perea both shed new light on the early, liberal Hispanic societies and show how the legacies of those societies shape modern Spain and Latin America.
Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.
The United States Constitution is a quintessentially political document. Yet, until now, no one has seriously considered the formative influence of this document on American cultural life. In this ambitious book, Mitchell Meltzer demonstrates the extent to which the Constitution is both source and inspiration for America's greatest literary masterworks.
The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document’s implicit moral assumptions, demonstrating that the Constitution presupposes a natural law to which human law must conform. His argument works toward resolving current debates over the Constitution’s normative framework while remaining detached from the social issues that divide today’s political arena.
In critiquing previous attempts at describing and evaluating the Constitution’s normative framework, DeHart demonstrates that the Constitution’s moral framework corresponds largely to classical moral theory. Using the method of Inference to the Best Explanation to ascertain our Constitution’s moral meaning, he challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody, offering instead an innovative methodology that can be applied to uncovering the normative framework of other constitutions as well.
In the study of American government, analysis of state governments is often neglected in favor of concentration on the national system. Certainly in-depth knowledge of our country’s constitutional structure is critical to an understanding of American government, but this continuing inattention to the complexities of state governments has left a hole in the literature available to help us understand the role state governments play in the federal system. State constitutions served as guides for the construction of the U.S. Constitution, but they have their own character and significance. As such, it is imperative that teachers, students, and historians fully understand the creation, administration, and adjudication of state governments.
Understanding Missouri’s Constitutional Government presents a case study in the foundations of state governments. The book provides a sweeping look at the constitutional foundations of the processes of Missouri government. Authors Richard Fulton and Jerry Brekke place Missouri within the context of our larger federal system while using the state’s constitution as a touchstone for the discussion of each element of state government.
Understanding Missouri’s Constitutional Government has a dual framework specifically designed to enhance the reader’s learning experience. First, the essential elements of government outlined in the constitution are introduced, and then analysis and interpretation of each of the document’s articles is covered. This organization permits readers to build an understanding of a particular element—for example, the legislature—by learning its fundamental organization, processes, and purposes in a straightforward manner. After gaining that primary perspective, the reader can use the formal analysis in the second section to explore interpretations of each article. Not only helpful to the general reader, this two-part structure makes the text especially useful in courses on American government, state and local governments, and particularly Missouri government and constitution.
In short, Understanding Missouri’s Constitutional Government is an approachable, valuable exposition on Missouri government as reflected in the day-to-day operations outlined in the Missouri constitution. It fills a significant gap in the literature on the interpretation, use, and operation of state constitutions. Since Missouri law dictates that all levels of education should teach government and constitution at the national and state levels, this book will be an indispensable resource for educators while serving as a valuable reference for journalists and public officials in the state.
Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy.
The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.
Featuring 113 primary source documents, The U.S. Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.
Through fresh readings of texts ranging from Homer's Iliad, Swift's Tale of a Tub, and Austen's Emma through the United States Constitution and McCulloch v. Maryland, James Boyd White examines the relationship between an individual mind and its language and culture as well as the "textual community" established between writer and audience. These striking textual analyses develop a rhetoric—a "way of reading" that can be brought to any text but that, in broader terms, becomes a way of learning that can shape the reader's life.
"In this ambitious and demanding work of literary criticism, James Boyd White seeks to communicate 'a sense of reading in a new and different way.' . . . [White's] marriage of lawyerly acumen and classically trained literary sensibility—equally evident in his earlier work, The Legal Imagination—gives the best parts of When Words Lose Their Meaning a gravity and moral earnestness rare in the pages of contemporary literary criticism."—Roger Kimball, American Scholar
"James Boyd White makes a state-of-the-art attempt to enrich legal theory with the insights of modern literary theory. Of its kind, it is a singular and standout achievement. . . . [White's] selections span the whole range of legal, literary, and political offerings, and his writing evidences a sustained and intimate experience with these texts. Writing with natural elegance, White manages to be insightful and inciteful. Throughout, his timely book is energized by an urgent love of literature and law and their liberating potential. His passion and sincerity are palpable."—Allan C. Hutchinson, Yale Law Journal
"Undeniably a unique and significant work. . . . When Words Lose Their Meaning is a rewarding book by a distinguished legal scholar. It is a showcase for the most interesting sort of inter-disciplinary work: the kind that brings together from traditionally separate fields not so much information as ideas and approaches."—R. B. Kershner, Jr., Georgia Review